The recent spate of attacks against members of the Indian community in Australia has spawned numerous allegations of racial abuse and discriminatory practice; the Australian Government is currently under immense pressure to bring such perpetrators to justice. The Indian media has whipped up a storm, devoting several hours of airtime to the matter; quite understandably, [...]
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Posted in Constitution, Court, Rights on Feb 28th, 2009
The papers today write about a petition filed in the Supreme Court stating that the ‘Right to Property’ must be brought back to the Constitution thus reversing the 44th Amendment of the Constitution that removed this right. This is an interesting development; especially after the case of IR Coelho v. State of Tamil Nadu, where [...]
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Posted in Uncategorized on Jan 5th, 2009
” Fairness in investigation as also trial is a human right of an accused. The State cannot suppress any vital document from the court only because the same would support the case of the accused.” The above is part of the judgment of the Supreme Court in SD Kohli v. State of Maharashtra. In the [...]
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Posted in Court, Human Rights, india on Dec 17th, 2008
Continuing from my previous post, it is high time that the case of Kartar Singh v. State of Punjab, (1994) 3 SCC 569, be revisited by the Supreme Court. This I say, in light of the recent amendments to the Unlawful Activities and Prevention Act (UAPA). The Constitutionality of the most anti- terrorist laws is [...]
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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 [...]
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Posted in Uncategorized on Dec 11th, 2008
Noted legal scholar Martha Nussbaum wrote a post on the Univ of Chicago Law School Blog terming the Mumbai Attacks a cloud over India’s muslims. Her post makes some sense and as a believer of free speech, she has the right to do so. Her article focusses on the fact that terrorism in India is [...]
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