The Gujarat High Court on Thursday directed the Central Bureau of Investigation to take over the investigation into the Ishrat Jahan fake encounter case. Stating that the Gujarat police could not be “relied upon” to conduct an impartial probe, the High Court asked the CBI to consider the case as an “exceptional one having national ramifications.” A Division Bench, comprising Justices Jayant Patel and Abhilasha Kumari, also directed chairman of the High...
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Indifferent At Their Plight
-EPW Will the blatant discrimination against Muslims in the administration of justice ever end? The word secular was inserted into the Preamble of the Indian Constitution by the 42nd amendment in 1976; later on, the Supreme Court, in S R Bommai vs Union of India, held (in 1994) that secularism was an integral part of the basic structure of the Constitution. And yet, it has been a long time coming – Indian...
More »A verdict, finally by Anupama Katakam
The first judgment in a 2002 riots case and the SIT report on the Ishrat Jahan killing go against the Gujarat government. THE verdict in a crucial and long-running case involving a massacre and the investigation report in another case, of alleged encounter killings, both delivered in November, give hope to victims of the 2002 pogrom in Gujarat that they will get justice, even if delayed. In the first case, the special...
More »The most precious of all freedoms by AP Shah
Indian courts have consistently upheld and championed the fundamental right to free speech and expression enshrined in the Constitution. This includes the right to put forward different and contrary views, right or wrong. A recent instance saw the Supreme Court of India striking down Uttar Pradesh's ban on the film Aarakshan. This article by A.P. Shah, retired Chief Justice of the Madras and Delhi High Courts, sets out key issues...
More »Justice Sahai refers Lokayukta issue back to Chief Justice by Manas Dasgupta
-The Hindu Referring the matter back to the acting Chief Justice, Justice V.M. Sahai on Thursday said the split verdict given by the Division Bench on the Gujarat High Court's appointment of Justice (retired) R.A. Mehta as the State Lokayukta could not be taken up by a third judge till the other two judges gave, in writing, the points of difference in their respective rulings. Accepting the contentions put forth by the...
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