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A quick recap of Bail cases passed by the Supreme Court and High Courts in the month of April 2024 along with some top stories on Arvind Kejriwal seeking Interim Bail; Puthiyakavu Temple blast; and more.
The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.
Supreme Court noted that medical termination of pregnancy is sought for a minor who is 14, and this pregnancy is alleged to be an emanation from a sexual assault, and that the minor was unaware of the fact that she was pregnant until a very late stage.
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
A quick legal roundup to cover important stories from all High Courts in March 2024
Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
Justice Ritu Raj Awasthi was functioning as the Chairperson of Law Commission of India and resigned from this post on 26-03-2024 after a tenure of 17 months.
“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
“The Court is mindful of the legislative intent of the POCSO Act which provides that the contact between the accused and the victim should be prevented to minimise the trauma experienced by the child.”
It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.
Hailing from a family of lawyers and Judges, Justice Nilay Vipinchandra Anjaria took charge as Chief Justice of Karnataka High Court on 25-02-2024.
Rahul Gandhi informed the Delhi High Court that he has taken down the tweet from 2021 that allegedly disclosed the identity and sensitive details about a minor girl.
“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”
The High Court was shocked to find that the Trial Judge have not understood properly what is meaning of the theory beyond reasonable doubt in appreciating the evidence in POCSO cases.
“This case and order will serve as a reminder that general public shall not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment.”
Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.
“Though justice has got to be administered in accordance with the law enacted by the Legislature. The concept of justice is elastic and is imperceptible. There can be no hard and fast line constricting the power of the High Courts to do substantial justice.”
“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”
“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”