Bending the Law Behind Bars — Legal Conundrum of Jailed-Candidates Contesting Elections in India
by Aditya Bharat Manubarwala* and Romit Nandan Sahai**
UAPA
Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim
Mere allegations of affiliation with Dawood Ibrahim do not attract the application of Section 20 of the UAPA; mere sharing of pictures of NDPS-prohibited substances does not attract the provisions of the NDPS.
Explained | Supreme Court’s verdict on retrospective applicability of CrPC in Jammu & Kashmir
Supreme Court said that while we are holding that the requirement of an authorization or an empowerment is mandatory for conveying a complaint, it being at the conclusion of investigation, would not preclude the investigating agency from complying with it thereafter.
Bombay HC disallows prosecution of alleged affiliates of a banned organisation for MCOCA charges due to delay in taking of cognizance by Trial Court
The Court noted that cognizance of the offence was not taken by the Trial Court as stipulated by Section 2(d) of the MCOCA, therefore, the accused persons could not be prosecuted on the charges of S. 3 MCOCA.
Read why Supreme Court sets aside Madras HC bail order granting bail to PFI Members in UAPA case
“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”
Preserving Foundational Rights: Supreme Court Reaffirms Importance of Informing Accused of Grounds of Arrest in UAPA Offences
by Vasantha Rajasekaran† and Harshvardhan Korada††
Delhi High Court grants bail to student activist Sharjeel Imam in Sedition and UAPA Case
Sharjeel Imam would, however, continue to remain in custody due to his alleged involvement in the 2020 Delhi riots larger conspiracy case.
Delhi High Court denies bail to alleged NSCN-IM member in terror funding case
The Delhi High Court says that being a government employee, the appellant cannot be permitted to be free by merely contending that the accounts, though in his name, were being managed by the co-accused.
SC sets aside Madras HC order granting bail to PFI Members accused of anti-national activities and Islamic rule agenda, etc.; Directs surrender before NIA
“National security is always of paramount importance and any act in aid to any terrorist act — violent or non-violent is liable to be restricted.”
Supreme Court sets aside arrest and remand of NewsClick chief editor Prabir Purkayastha in UAPA case
The Right to Life and Personal Liberty is the most sacrosanct fundamental right guaranteed under Articles 20, 21 and 22 of the Constitution of India. Any attempt to encroach upon this fundamental right has been frowned upon by this Court in a catena of decisions
Bail or Jail | A quick view of top Bail cases in April 2024
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.
[2008 Delhi Serial Bomb Blasts] Delhi HC dismisses plea of three members of “Indian Mujahideen” group against the order denying them bail
Appellant along with other associates, is alleged to have hatched conspiracy of serial blasts in Delhi, resulting in explosions causing killing of 26 people and injury to 135 people.
[Delhi Riots] ‘Aspects related to riot-like violence, burning of Delhi openly discussed in meetings’; Delhi High Court denies bail to Salim Malik
In the meetings dated 20-2-2020 and 21-2-2020 at Chand Bagh and again on 22-2-2020 and 23-2-2020, there were talks of finances, arranging arms, procuring of petrol bombs for killing of people and arsoning of property and destruction of CCTV installed in the area.
HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Arrest of Arvind Kejriwal; AMUL as ‘Well-Known Trade mark’; Puthiyakavu Temple blast; and more
A quick legal roundup to cover important stories from all High Courts this week.
Read why Allahabad HC granted bail to Siddique Kappan’s co-accused Masood in UAPA Case
Allahabad High Court noted that Masood has been languishing in jail since 05-10-2020. Further, it said that there is not even a prima facie case, establishing the complicity of Masood and the nature and gravity of charges and the absence of criminal history on his part require his release on bail.
Supreme Court finds HC judgment prima facie well-reasoned; refuses to stay acquittal of GN Saibaba and others
Supreme Court, while refusing to interfere with the acquittal order, also pointed out the fact that all 6 people had been acquitted twice by the different Benches of Bombay High Court.
Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC
Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”
Supreme Court adjourns Umar Khalid’s bail plea in Delhi Riots case to January 24
Supreme Court said that no further adjournment shall be granted on the next hearing.