Musings on India, the law, and policy
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 [...]
Kudos to Arun for his excellent posts on the Mumbai terror attacks. (Parts I, II and III here) The Lok Sabha today passed the bills calling for the setting up of the National Investigative Agency (NIA) and the Amendment to the UAPA calling for tougher laws to tackle terrorism. Ironic how it took a 26/11 [...]
Posted in Constitution, Court, Democracy, Human Rights, Politics, Rights, Terrorism, Uncategorized on Dec 16th, 2008
Apologies for this delayed post. However, quite fortunately, the last Part of this three-pronged series coincides with two seminal events/publications. 1. CJI K.G. Balakrishnan’s piece on “Terrorism, rule of law and human rights” in The Hindu (Opinion Page). 2. The Union Cabinet’s nod for NSA Amendments and a new Investigation Agency. KGB’s write-up/analysis of our [...]
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 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 [...]
Posted in Uncategorized on Dec 8th, 2008
The Chief Justice, KG Balakrishnan announced today that free legal aid would be given to all the victims of the terrorist attacks on 26/11. This has come as a welcome move from the president of the National Legal Services Authority (NALSA). We know that the Indian Constitution under article 39 A guarantees the right to [...]