INDIA INTELLIGENCE REPORT
 

News Analysis - Judiciary

 

Judiciary

  • 1. SC Allows TV Evidence (January 30 , 2007)
    In a significant move, the Supreme Court (SC) has ruled that it will allow television interviews by accused “shall be considered at the appropriate state in the trial” and thereby affecting ongoing trials.<More>

  • 2. SC Upholds MP Expulsion (January 17, 2007)
    The Supreme Court (SC) upheld the Parliament’s controversial expulsion of 11 Members of Parliament (MPs) caught in a media sting over the cash for query scandal and said that the expulsion was in accordance to law. The Constitutional bench voted 4-1 upholding the expulsion but the dissenting judge said that the MPs should have been tried under the Prevention of Corruption Act.<More>

  • 3. Judiciary Accountability Law (November 13, 2006)
    The Federal Cabinet approved in principle to introduce a Judges (Inquiry) Bill 2006 aimed at making High Court (HC) and Supreme Court (SC) judges accountable for actions inconsistent with their position including corruption charges and incapacitation.<More>

  • 4. Justice Vs Judiciary Vs Legislation (October 18, 2006)
    Conviction of rapists, murderers, and terrorists 10 years late and politically-motivated illegal cover-up commission, quota plans, and clemency for some facing death row raise numerous questions and concerns on the Indian democracy.<More>

  • 5. Judiciary vs Legislature Judgment Reserved (October 03, 2006)
    The Supreme Court (SC) has reserved its verdict on cash-for-query (CFQ) case and the subsequent judgment will essentially define the scope of the judiciary over Legislature or over the Executive.<More>

  • 6. SC Panel to Examine Extra-Constitutional Legislation (August 31, 2006)
    The Supreme Court (SC) said that a 9-judge panel will examine extra-constitutional legislation through legislation under the Ninth Schedule of the Constitution which makes these laws beyond judicial scrutiny and convenient politically motivated policies.<More>

  • 7. Women Judges to Try Rape (August 09, 2006)
    A new legislation has been cleared by the Federal Cabinet that provides for rape victims to be tried by women judges, witnesses provided a protection program, and victims’ right to appeal against acquittal of the accused, and acceptance of video as evidence.<More>

  • 8. SC Says Women Cannot be charged with Rape (July 25, 2006)
    Hearing the case of a woman whose crises of help was deliberately spurned by the wife of a man raping her, the Supreme Court (SC) surprisingly concluded that the wife and any woman cannot be accused or charged for rape or gang rape.<More>

  • 9. BHC Asks Railways to Revamp Disaster Management (June 24, 2006)
    The Bombay High Court (BHC) has directed the Central and Western Railways to upgrade their disaster management system and submit a comprehensive process for review by August 16.<More>

  • 10. SC Asks HC Not to Intervene on Policy (July 20, 2006)
    The Supreme Court (SC) has directed all High Courts (HC) not to interfere with policy making or administrative action as the Constitution “does not permit” the court to be become the “appellate authority” to “direct or advise the Executive” on policy.<More>

  • 11. SC Rebukes Government (July 07, 2006)
    Listening to a complaint from resident doctors, the Supreme Court (SC) rebuked the Federal Government for breaking its promise during the anti-reservation strike of not initiating “punitive” action against doctors if they stopped their strike.<More>

  • 12. SC Stops Banerjee Report (July 05, 2006)
    In a rebuke to hasty politicization of sensitive issues, the Supreme Court (SC) refused to allow the Government to table the controversial Justice UC Banerjee Commission reporton the Godhra carnage in Parliament supporting a restraining verdict by the Gujarat High Court.<More>

  • 13. SC Intervenes on Quota, Demands Answers from Govt (May 30, 2006)
    The Supreme Court (SC) admitted a Public Interest Litigation (PIL) on the ongoing quota issue and asked several inconvenient questions to the Government while appealing to the striking doctors to withdraw their strike.< More >

  • 14. Rape Victim's Testimony Enough for Conviction (May 17, 2006)
    In a landmark judgment that could have a large impact on male behavior in India, the Supreme Court said that just the testimony of a rape victim without supporting documents or evidence is enough to gain conviction.<More>

  • 15. SC Stays Vadodara Demolition (May 5, 2006)
    The Supreme Court (SC) accepted a Federal Government writ and stayed the Gujarat High Court (GHC) verdict that sanctioned the demolition of scores of Hindu Temples and Muslim Mosques illegally constructed on public land.<More>

  • 16. SC Says Narmada Work to Continue (April 17, 2006)
    The Supreme Court (SC) ordered that the Narmada Dam project to continue as planned but asked the federal Government to institute mechanisms in parallel that will manage proper rehabilitation of affected people.<More>

  • 17. Salman Khan Jailed—Long Live Justice (April 11, 2006)
    Justice in India is delayed, lumpy, and selective but it works—Salman Khan the actor accused of shooting endangered animals to please girlfriends and killing roadside dwellers in inebriated state has been sentenced to 5 years by a trial court in Rajasthan.<More>

  • 18. SC Stays EC Hand (April 04, 2006)
    The Supreme Court restrained the Election Commission to hold elections for the 10 Lok Sabha seats held by the disgraced Parliamentarians who took money on camera to ask questions in the Parliament.<More>

  • 19. SC to Control Hostile Witnesses  (April 03, 2006)
    The Supreme Court (SC) has called for strong action against prosecution witnesses who turn hostile because of inducement, threat, or coercion.<More>

  • 20. Court allows Lesbian Cohabitation (April 01, 2006)
    In the first ruling of its kind, a municipal court in Mumbai allowed the cohabitation of lesbian couples as it did not violate outdated Indian laws that prohibit “intercourse against the order of nature.”<More>

  • 21. SC Refuses Total Cow Slaughter Ban (March 31, 2006)
    The Supreme Court refused to ban cow slaughter as that would amount to judicial legislation and would infringe on the roles, responsibilities, and authority of the Legislative bodies. <More>

  • 22. Customary Laws Govern Religion, Posts: SC (March 31, 2006)
    The Supreme Court (SC) has said that tribal customary laws requiring a headman to perform both administrative and religious obligations can bar individuals who converted to other religions from contesting for such positions.<More>

  • 23. Landmark SC Labor Judgments (March 30, 2006)
    The Supreme Court (SC) made three landmark judgments that together would vastly change how labor is viewed and used by the Government.<More>

  • 24. Islamic Court Review in 4 weeks (March 28, 2006)
    The Supreme Court (SC) granted four extra weeks to the Government to collect data on the presence of Islamic and Shariat courts, their roles, and implications on the judicial system.<More>

  • 25. 15% Shortfall in High Courts (March 25, 2006)
    Law Ministry said that despite approved positions for High Court judges, there is a 15% shortfall in the number of judges in higher courts leading to delays in hearings even in high profile cases that sometimes extend beyond 7 years.<More>

  • 26. SC Advises Parliament Amend HMA (March 23, 2006)
    The Supreme Court has advised the Parliament to amend the Hindu Marriage Act (HMA) 1955 to accommodate divorces where there is "irrevocable breakdown." <More>

  • 27. Delhi Police goes after Hostile Witnesses (March 16, 2006)
    The Delhi Police is turning the heat on eyewitnesses who are retracting their story in the “Jessica Lall murder case.”<More>

  • 28. Delhi Police Reopens Jessica Case (March 14, 2006)
    Intense public protest veiled chiding of prosecution lapses and judgment by Supreme Court Chief Justice Y.K. Sabharwal and Prime Minister Manmohan Singh has spurred the Delhi police to represent the “Jessica Lall” case to the Delhi High Court.<More>

  • 29. Chief Justice Says Criminal Justice System Verge of Collapse (March 13, 2006)
    In his keynote address of the Chief Ministers and Chief Justices, Supreme Court Chief Justice Y.K Sabharwal said that the criminal justice system in India is on the verge of collapse and asked the executive to bear part of the load.<More>

  • 30. Zahira Gets 1 Year for Perjury (March 10, 2006)
    Supreme Court (SC) sentenced Zahira Sheikh for a year’s imprisonment for changing her deposed story made under oath many times and committing perjury in the “Best Bakery” case.<More>

  • 31. Law Minister Works on “Judges Inquiry Bill” (March 07, 2006)
    The Law Minister H.R. Bhardwaj is working on a Judges Inquiry Bill of “minor measures” that can be ordered against “erring” Supreme Court and High Court judges but not strong enough to seek their impeachment.<More>

  • 32. Delhi Police Admits Irregularities in Jessica Investigation (March 07, 2006)
    Responding to public outrage across the nation, the Delhi Police announced that it will start an inquiry into determining who, what, and how "mistakes in the probe" in the murder of Jessica Lall.<More>

  • 33. SC Makes Strong Statements against Rape (March 01, 2006)
    The Supreme Court made strong statements today against rape but surprisingly commuted a life sentence handed by lower courts to a rapist of a 8 year old to 10 years of rigorous imprisonment.<More>

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