-By Aanish Aggarwal* Introduction The Unlawful Activities Prevention Act (‘UAPA’), 1967 was established by the Indian Government for prevention of certain unlawful activities of individuals and organisations, and to also deal with matters related to terrorism. The UAPA became India’s primary act dealing with terrorism and other related activities following the repeal of the Prevention… Continue reading §43D (5) of the Unlawful Activities Prevention Act, 1967 and the Reconstruction of Bail Law
-By Ishaan Gupta* Background The Supreme Court, while hearing the petition on validity of blacklisting of foreign Tablighis, has recently directed the petitioners to approach the individual High Courts to challenge it. This order is based on the Centre’s submission that individual orders had been passed for blacklisting these foreign Tablighis. A recent judgement by… Continue reading Md. Kamueal Islam v. The State: Madras HC’s Interesting Take on the Blacklisting of Tablighis
Akanksha. Justice Jaspreet Singh granted bail to 6 foreign members of Tablighi Jamaat who were the citizens of Kyrgyzstan. Highlighting the fact that the bail application of a foreigner and a citizen is on a same footing before the court of law, the court said, "The law does not permit any differentiation between Indian nationals… Continue reading Allahabad HC grants Bail to Foreign Members of Tablighi Jamat, cites Equal Protection of Law
Akanksha. A single bench of Justice Prathiba M Singh sensitised about the importance of issuing a notice to the victim/complainant/informant and its legal position. She emphasized that District Judges should inform all the presiding officers about the same. The order is a result of the criminal petition filed when hearing was not afforded to the… Continue reading Directions Issued By Delhi HC To Make Sure That Victim Is Issued Notice In All Bail Proceedings Relating To POCSO Cases
-By Rishabh Rai* & Nikhil Ajmera** On 23rd March 2020 a 3-judge bench of the Supreme Court in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION used its power under Article 142 read with Article 141 of the Indian Constitution and passed an order whereby it extended the period of limitation in all the proceedings for… Continue reading Right to Default Bail: Corona Conundrum
-By Mishika Rathore* & Akash Anurag** Introduction The term "bail" is an important part of criminal jurisprudence globally. However, the Code of Criminal Procedure, 1973, does not define "bail". Bail has been best defined in a Madras High Court case as "securing the release of a person under custody on a promise to appear before… Continue reading Contribution to PM Care Fund and Installation of Aarogya Setu App as a Condition for Bail: Som Marandi v. State of Jharkhand- Establishing a Problematic Precedent in the face of a Pandemic
-By Srijan Jha* and Rijul Dubey** Part- II Having discussed the principles behind the application of anticipatory bail in the previous post, this part of the article elaborates two aspects in which the application of s.438 is omitted, i.e. territorial omission, omission from a special crime. i. Territorial Curtailment ofs.438 During emergency, the Uttar Pradesh… Continue reading Anticipatory Bail and the Effect of its Omissions
In this blog series, the authors have discussed various aspects of anticipatory bail. The first part of the series throws light on the bare provision, its omission and interpretation done by the courts. The second part of the series elaborates on two aspects in which the application of s.438 is omitted, i.e. territorial omission and omission from a special crime.