The Leaflet
Comprehensive coverage, analysis, and breaking news on criminal justice.
Six years after a father and son were brutally tortured and killed in custody, a trial court has finally convicted nine Tamil Nadu policemen. But amidst a breakdown of accountability institutions across India, what does the future of custodial violence in India look like?
Grace Anu
Staff Writer
In its 598 page judgment delivered last week, which discharged Arvind Kejriwal and 22 other accused, a Delhi court ruled that the evidence did not inspire “grave suspicion”, failing to make a prima facie case.
Following a bold order by a CJM to register FIRs against police officers accused of killing civilians in the 2024 Sambhal violence, questions linger around a transfer, a High Court stay, and the tensions of criminal procedure.
In their differing verdicts earlier this week on prior government approval to investigate corruption by public servants, Justices K.V. Viswanathan and B.V. Nagarathna explored to what extent reading down an unconstitutional statutory provision was permissible.
A close reading of the Delhi High Court’s suspension of sentence in the Unnao rape case highlights the risks of resolving statutory meanings at the interim stage.
In its judgement, coming only a day after its decision in the Delhi riots case, the Court noted that prolonged incarceration of undertrials converts pretrial detention into a form of punishment.
The application seeking provisions of the Madhya Pradesh Sudharatmak Sevayen Evam Bandigrah Adhiniyam, 2024 to be struck down argues that it contravenes the Sukanya Shantha (2024) decision.
The acquittal brings to fore the immense significance of the Supreme Court-innovated extraordinary jurisdiction of curative, specifically in cases concerning life and liberty and death penalty.
The Bench held that if the time frame for supplying the grounds of arrest in writing is not adhered to, the arrest would be rendered illegal, entitling the release of the arrestee.