Musings on India, the law, and policy
Posted in Constitution, Human Rights, india, Terrorism on Dec 15th, 2008
Ram Jethmalani stated that no lawyer should deny legal aid to Kasab, the lone terrorist apprehended in the Mumbai attcks, and that doing so would be a denial of justice. The noted lawyer has made a point in this regard. Apart from having a constitutionally guaranteed right to legal aid, the Advocates Act forbids a [...]
Posted in Constitution on Dec 14th, 2008
In September, the Virginia Supreme Court ruled that the State law that prosecuted those involved in sending spam emails was unconstitutional and in violation of the 1st Amendment of the Constitution that guaranteed free speech. The judgment used a rationale that doesn’t make much sense to me ; “As Justice (G. Steven) Agee said in [...]
Posted in Constitution, Court, india on Dec 12th, 2008
With each passing day, my conviction that the Supreme Court of India has gone beserk in its handling of issues gets confirmed to a greater degree. What was the Court thinking when it admitted the PIL by Soli Sorabjee asking the centre to implement rules for better equipment and reforms to the police ? The [...]
Posted in Constitution, Democracy, india on Dec 6th, 2008
With the terrorist attacks in Mumbai, a lot of people are expressing their disgust agains the politics in print and web media. As an outcome, people are discussing a certain “Article 49-O” in the Indian Constitution that apparently gives the right not to vote. Most of these people do not have a legal background and [...]
Posted in Uncategorized on Dec 6th, 2008
Justice KT Thomas in his speech has stated that the results of the Narco- analysis test cannot be considered as evidence before a court of law. He states that such tests are “inhuman and barbarian’’ and the evidence collected from this test could not be considered as full of truth. Wonder if this would have [...]
Posted in Constitution, india on Nov 26th, 2008
If a person is sent to jail then even if he is subsequently released, his reputation may be irreparably tarnished. this then is violative of Article 21 of the Constitution. The above ratio in Deepak Bajaj v. State of Maharashtra adds to the series of ridiculous judgements that the Court has been giving off late. [...]