Sushant Kumar. The Supreme Court, on Monday (July 20) adjourned the plea seeking for the quashing of an FIR filed against Journalist Vinod Dua, at the request of Solicitor-General Tushar Mehta, appearing on behalf of the Himachal Pradesh police. It has been listed for further hearing on the next Monday, July 27. Consequently, the Apex… Continue reading Supreme Court adjourns Journalist Vinod Dua’s plea on SG’s request, extends Interim Protection
Akanksha. The Kerala High Court held that it is absolutely permissible for the Investigation Officer to file the final report against one accused. He is not expected to wait till the other accused is arrested. Justice Ashok Menon, while hearing the case, observed: "It is not possible to accede or subscribe to this extreme stand.… Continue reading Kerala HC: Under S.173 CrPC, Police Can File Final Report Against One Accused And Conduct Further Investigation Against Others
Sushant Kumar. The UP Police registered an FIR against The Scroll Executive Editor Supriya Sharma in relation to a report titled "In Varanasi village adopted by Prime Minister Modi, people went hungry during lockdown". Mala Devi, a resident of Varanasi's Domari village, complained that Sharma misrepresented her comments and that she has made fun of her… Continue reading Editors Guild Terms Registration of FIR against Supriya Sharma as Unjustifiable and Reprehensible
-By Avani Malhotra* Introduction The word “Forthwith” is not defined in the Criminal Procedure Code,1973(Cr.P.C.). As per the Cambridge Dictionary, the word “Forthwith” means “immediately”. Section 157 of Cr.P.C defines the procedure for investigation. “Investigation” according to “Section 2(h) of the Code of criminal procedure, 1973 includes all proceedings for collection of evidence conducted by… Continue reading Is Delay in Forwarding an FIR to Magistrate a Ground to Acquit the Accused?
-By Raja Reeshav Roy* “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” - Montesquieu The Supreme Court of India in a largely unprecedented gesture agreed to hear an urgent plea filed by journalist Vinod Dua on 14th June 2020 which was… Continue reading Multiple FIRs for the Same Occurrence- Abuse of Process or Curtailment of Free Speech
Sushant Kumar. The Supreme Court on Sunday (May 14, 2020) granted interim protection to journalist Vinod Dua until the next date of hearing in a case filed against him alleging sedition and perpetrating communal disharmony. The bench comprising Justices UU Lalit, MM Shantanagoudar and Vineet Saran issued notice to the Centre, Himachal Pradesh government and… Continue reading SC grants Interim Protection to Journalist Vinod Dua in Sedition case, refuses to stay investigation
By Saumya Sinha* INTRODUCTION The judiciary is often referred to as the guardian of rights of the people and bears the responsibility of overseeing the proper impartation of justice. To ensure the access to justice to the citizens of the country and supervise the lower courts, the High Courts and the Supreme Court of India… Continue reading QUASHING OF CRIMINAL PROCEEDINGS UNDER SECTION 482: AN ANALYSIS
By Hriti Parekh* INTRODUCTION For the government of most countries it was impossible to recognise the fact that a pathogen, not even visible to human eye would have the ability to bring the most developed nations to their knees and their economies to a complete stand still. It is rightly said that extraordinary times call… Continue reading Covid-19 and the Quandary of FIRs filed under Section 188 of IPC, 1860
-By Sambhav Sharma* Introduction On 24 May 2020, a petition was filed in the Supreme Court under Article 32 of the Constitution of India. It seeks the Supreme Court to issue directions in the manner that no FIR shall be registered against press/journalist/media personnel for the offences relating to hate speech, outraging/wounding religious feelings by… Continue reading Analysis of the Supreme Court Petition Seeking Conditional Bar on FIRs against Media Houses
Sushant Kumar. Relying on the judgement in Jafel Biswal v State of West Bengal, the Supreme Court on May 26, 2020 reiterated that ‘mere delay in sending the report itself cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground’. The Supreme Court bench… Continue reading Section 157 CrPC; Mere delay in forwarding FIR to the Magistrate not a ground for acquittal: SC
Akanksha. A FIR has been filed before Punjab Police against OTT platform Amazon Prime Video and the producers of the webseries 'Paatal Lok' alleging that the series hurt the religious sentiments of the Sikh community. It pertains to the third episode of the series, 'A History of Violence', alleging that it has been intentionally made… Continue reading FIR Filed in Punjab, Alleging Paatal Lok Hurts the Sentiments of the Sikh Community
By Namit Saxena.
In this piece, the author has analysed the petition filed by Arnab Goswami under Article 32 of the Indian constitution seeking inter alia among other reliefs, quashing of FIRs/complaints, the listing of this petition and the order passed by the Supreme Court.