The Supreme Court has held that it would not, under normal circumstances, interfere with judgments of acquittal in criminal cases, as these had the obvious trait of freedom having been granted to the citizen. A Bench of Justices Swatanter Kumar and Ranjana Desai said: “Unless the judgement in appeal is contrary to evidence, palpably erroneous, or a view which could not have been taken by the court of competent jurisdiction keeping...
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Judicial lessons for states by Shyamal Majumdar
In 2004, a boy was crushed to death by a vehicle when he was crossing the road in front of a school to fetch water. The school, in the heart of the nation’s capital, did not have drinking water facilities. Seven years later, courtesy the NGO Environmental and Consumer Protection Foundation and the Supreme Court, all Indian states (the last two being Uttar Pradesh and Jammu and Kashmir) have given...
More »Supreme Court asks Centre to consider plight of nurses by J Venkatesan
The Supreme Court on Friday asked the Central Government to consider the plight of nurses working in hospitals who are victims of the allegedly illegal practice of bond, including the retaining of their original certificates to prevent them from leaving the institutions. A three-judge Bench comprising Chief Justice S.H. Kapadia and Justices A.K. Patnaik and Swatanter Kumar, without issuing notice on the petitions highlighting their problems, asked Solicitor-General Rohinton Nariman to...
More »Supreme Court: the balancing act by Nikhil Kanekal
Despite criticism of the appointment process, and pendency , the Supreme Court appears to enjoy public confidence like no other institution As the Supreme Court of India approaches its final week of hearings for the year, a look back shows it has dominated the national consciousness by ruling on myriad issues. The court was conceived by the framers of the constitution to deal mainly with fundamental questions of law. But India’s top...
More »Stay on HC order bringing Goa Governor under RTI Act by J Venkatesan
Bombay HC had said he enjoyed no such immunity The Supreme Court on Thursday stayed the orders of the Goa Bench of Bombay High Court which held that the Governor of Goa was a public authority and would come within the ambit of the Right to Information (RTI) Act. The High Court had held that the Governor enjoyed no immunity from the RTI Act and that the Public Information Officer at the...
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