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Due Process

Comprehensive coverage, analysis, and breaking news on due process.

Deportation sans law: International and domestic legal framework on compensation in cases of wrongful expulsion – Part 4

Deportation sans law: International and domestic legal framework on compensation in cases of wrongful expulsion – Part 4

Editor's Pick•17 Feb 2026

Deportation sans law: International and domestic legal framework on compensation in cases of wrongful expulsion – Part 4

Fourth part of the five-part series examining the forcible expulsion of Indian citizens to Bangladesh based on unverified suspicions of illegal migration, conducted without due process

South Asia Human Rights Documentation Centre

Staff Writer

Latest in Due Process

Deportation sans law: Compensation in cases of forced expulsion – Part 3

Law and Citizenship•11 Feb 2026

Deportation sans law: Compensation in cases of forced expulsion – Part 3

Third part of the five-part series examining the forcible expulsion of Indian citizens to Bangladesh based on unverified suspicions of illegal migration, conducted without due process

Deportation sans law: Collective expulsion and non-refoulement – Part 2

Law and Citizenship•7 Feb 2026

Deportation sans law: Collective expulsion and non-refoulement – Part 2

Second part of the five-part series examining the forcible expulsion of Indian citizens to Bangladesh based on unverified suspicions of illegal migration, conducted without due process

Deportation sans law: Indian citizens forcibly expelled to Bangladesh – Part 1

Law and Citizenship•3 Feb 2026

Deportation sans law: Indian citizens forcibly expelled to Bangladesh – Part 1

First part of the five-part series examining the forcible expulsion of Indian citizens to Bangladesh based on unverified suspicions of illegal migration, conducted without due process

Twelve years after the Maruti Manesar violence, workers navigate a State-Corporate maze to assert for reinstatement, fair wages

Leaflet Reports•4 Jan 2026

Twelve years after the Maruti Manesar violence, workers navigate a State-Corporate maze to assert for reinstatement, fair wages

A November 2025 judgment of Gurugram’s labour court captures a forgotten history of a dangerous state and corporate nexus, nation-building at the cost of workers dignity, and a labour movement that refuses to die.

The Rohingya question before the Supreme Court of India

Law and Citizenship•18 Dec 2025

The Rohingya question before the Supreme Court of India

With a batch of petitions seeking to answer whether Rohingyas are refugees, and a habeas corpus enquiring about the custodial disappearance of five people in May, the Court in January must address crucial issues on the fate of the world’s most persecuted minority in India.

Judgment Summary: Surendra Koli’s acquittal in Nithari killings after 16 years on death row, and why curative jurisdiction remains crucial

Supreme Court•12 Nov 2025

Judgment Summary: Surendra Koli’s acquittal in Nithari killings after 16 years on death row, and why curative jurisdiction remains crucial

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.

Judgment Summary: SC rules written grounds of arrest ‘must’ be furnished if police already in possession of documentary material establishing cogent basis for arrest

Criminal Justice•7 Nov 2025

Judgment Summary: SC rules written grounds of arrest ‘must’ be furnished if police already in possession of documentary material establishing cogent basis for arrest

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.

Supreme Court’s Zainul judgement evolves the standards of conviction under Unlawful Assembly

Criminal Justice•6 Nov 2025

Supreme Court’s Zainul judgement evolves the standards of conviction under Unlawful Assembly

With 947 hate-related incidents reported between June 2024 and June 2025, Indian courts have increasingly faced the challenge of separating genuine perpetrators from innocent bystanders in cases of collective violence.

A complete judgment summary: Supreme Court lays down safeguards against summoning lawyers representing accused by investigating agencies

Due Process•3 Nov 2025

A complete judgment summary: Supreme Court lays down safeguards against summoning lawyers representing accused by investigating agencies

Our summary of the Supreme Court's 78 page judgment, which practitioners have claimed "has far-reaching implications for the future".

Supreme Court issues notice to Union on Sonam Wangchuk’s wife’s plea against detention

Leaflet Reports•7 Oct 2025

Supreme Court issues notice to Union on Sonam Wangchuk’s wife’s plea against detention

Senior Advocate Kapil Sibal, appearing for Angmo, argued that the detention was illegal under Article 22 of the Constitution as the grounds of detention had not been furnished to the family.

‘The weight of a false confession’: Abdul Wahid Shaikh on the regime of horrors of Maharashtra’s Organised Crime Act

Criminal Justice•3 Oct 2025

‘The weight of a false confession’: Abdul Wahid Shaikh on the regime of horrors of Maharashtra’s Organised Crime Act

Acquitted after nine years in prison in the 2006 Mumbai train blasts case, a prison rights activist reflects on the one piece of evidence that stood above all else: confession under Section 18 of MCOCA, and all that was taken from him.

Gods in the rubble: How law orchestrates the erasure of working-class religious life in neoliberal India’s cities

Religion•29 Sept 2025

Gods in the rubble: How law orchestrates the erasure of working-class religious life in neoliberal India’s cities

In June, bulldozers razed down a Kali temple in Bhoomiheen camp in Delhi. Selective application of zoning laws, nuisance doctrines, environmental norms and master plans have enabled demolition of mazārs, dargāhs and wayside shrines of working class devotees - clipping away the last remnants of citizenship entitlements for the poor across India’s cities.

A deep-dive into India’s legal regime on political accountability and the 130th Constitution Amendment Bill

Explainer•26 Sept 2025

A deep-dive into India’s legal regime on political accountability and the 130th Constitution Amendment Bill

Almost half of our legislators have criminal records. But can the solution to this be a constitutional amendment that potentially erodes constitutional safeguards? In this explainer, we break down the debate in the simplest terms.

Why Delhi’s bar associations have strongly opposed LG’s designation of video conference rooms in police stations as places to record evidence

Leaflet Reports•23 Aug 2025

Why Delhi’s bar associations have strongly opposed LG’s designation of video conference rooms in police stations as places to record evidence

Speaking to The Leaflet, senior counsel Rebecca John said that cross-examination, by its nature, is meant to be a physical exercise and the LG’s move was a “travesty of justice”.

On misuse of criminal proceedings to settle civil disputes: A critical SC verdict from last year that missed our attention

Criminal Justice•11 Aug 2025

On misuse of criminal proceedings to settle civil disputes: A critical SC verdict from last year that missed our attention

When procedural abuse becomes an institutional habit, who ultimately pays the price? The SC’s 2024 decision in Tushar Rajnikantbhai Shah gave some important answers.

Punjab & Haryana Bar Council Privilege Committee summons 16 advocates, two senior advocates, amidst bench hunting allegations

Leaflet Reports•8 Aug 2025

Punjab & Haryana Bar Council Privilege Committee summons 16 advocates, two senior advocates, amidst bench hunting allegations

The committee is of the prima facie view that there could be foul play on behalf of advocates appearing for real estate builder Roop Bansal.

The nuns, the State, and the machinery of suspicion: An account

Due Process•7 Aug 2025

The nuns, the State, and the machinery of suspicion: An account

The recent arrest of two nuns in Chhattisgarh under anti-conversion and NIA laws reveals the fictional limits of the Indian State’s persecution of religious freedom, all at the cost of due process.

When public outcry fills the gaps justice leaves behind

Due Process•1 Aug 2025

When public outcry fills the gaps justice leaves behind

The withdrawal of Vikas Barala’s appointment as a law officer, after outcry over a pending criminal matter daringly filed by the survivor showed that, where the accused quietly becomes the authority, public attention can fill the gaps of constitutional necessity .

The Vikas Barala case raised larger questions on how we appoint our law officers and what constitutional ethos demands

Opinion•30 Jul 2025

The Vikas Barala case raised larger questions on how we appoint our law officers and what constitutional ethos demands

The appointment of Barala, who is facing criminal charges in a stalking case, and its subsequent withdrawal reveals clearly an institutional architecture that is vulnerable to politicisation.

Justice Varma’s writ is an occasion for the judiciary to hold mirror to what it has become

Leaflet Reports•26 Jul 2025

Justice Varma’s writ is an occasion for the judiciary to hold mirror to what it has become

Justice Varma’s writ petition seeks not fairness, but a do-over — and bypasses the process he already partook in. At the heart, at stake is the judiciary’s integrity and the faith of thousands of litigants who knock on the court’s door.

“Police’s arrival instigated the mob”: At Delhi’s Palestine solidarity event, chaos, police unaccountability and the wages of India’s corrupted stance on Israel

Leaflet Reports•26 Jul 2025

“Police’s arrival instigated the mob”: At Delhi’s Palestine solidarity event, chaos, police unaccountability and the wages of India’s corrupted stance on Israel

A peaceful pro-Palestine rally at Delhi’s Nehru market was rocked by a hyper-nationalist mob of intruders. As tensions escalated, Delhi police first stood by and watched, and then closed in on the protestors to detain and charge them. One reporter saw it all.

A High Court directive curbing automatic remand for social media posts lays bare the persistent gaps in law and enforcement

Criminal Justice•17 Jul 2025

A High Court directive curbing automatic remand for social media posts lays bare the persistent gaps in law and enforcement

The Andhra Pradesh HC’s recent circular, which directs judicial magistrates to comply with the SC decisions in Pratapgarhi and Arnesh Kumar, is a welcome move, but exposes faultlines.

Certain thoughts on the rule against bias vis-a-vis the Arbitration Act

Role of a Judge•15 Jul 2025

Certain thoughts on the rule against bias vis-a-vis the Arbitration Act

The Schedule of the Arbitration Act comprehensively addresses concerns of bias. But there are rare and exceptional circumstances when a departure can be concerned, and while a 2023 Delhi HC verdict illustrates that, it should not treated as a general standard.

On the voter list revision in Bihar, has the ECI forgotten its duty?

Due Process•14 Jul 2025

On the voter list revision in Bihar, has the ECI forgotten its duty?

On July 10, the SC asked ECI to “consider” including the Aadhar, EPIC and ration cards in its list of documents on the intensive revision of voter lists. On a macro-scale, the ECI’s move in Bihar, which disenfranchises lacks of voters from marginalised communities, is an effacement of due process, and its integrity as a fourth-branch institution.

A Muslim ragpicker’s lynching in Karnataka post-Pahalgam raises questions on laxity, delays in investigation: New PUCL, ACPR, AILAJ report calls to enforce Tehseen Poonawalla directive

Leaflet Reports•4 Jul 2025

A Muslim ragpicker’s lynching in Karnataka post-Pahalgam raises questions on laxity, delays in investigation: New PUCL, ACPR, AILAJ report calls to enforce Tehseen Poonawalla directive

A new fact-finding report by PUCL, ACPR and AILAJ Karnataka finds crucial lapses in investigation into the mob lynching of Mohd Ashraf. In Dakshin Kannada’s communally volatile atmosphere, the demand for a fair enforcement of the SC’s mob-lynching guidelines becomes crucial.

Some insights from the US strikes in Iran: Aggression and the limits of self-defence

International Law & World Affairs•28 Jun 2025

Some insights from the US strikes in Iran: Aggression and the limits of self-defence

Since the US military aircraft attacks on three Iranian nuclear facilities last week, international law experts have been split on whether there was a violation of international law. A close examination of the attack makes clear that they constituted ‘aggression’, an aggravated form of ‘use of force’, and hence the U.S.’s position of portraying the attacks as self-defence is largely untenable.

World Organization Against Torture flags India as “high risk” country for police torture: Some reflections

Explainer•26 Jun 2025

World Organization Against Torture flags India as “high risk” country for police torture: Some reflections

On the UN’s International Day in Support of Victims of Torture, we reflect on a recent report by a global alliance of anti-torture organisations which scored India as ‘high risk’ overall. Between India’s refusal to ratify the Convention Against Torture and the downgrading of the NHRC, the country is facing a critical moment in its human rights stature.

‘Subjecting advocate in a case to beck and call of investigating agency untenable’: SC slams practice of investigation agencies summoning lawyers, notes threat to justice administration

Leaflet Reports•25 Jun 2025

‘Subjecting advocate in a case to beck and call of investigating agency untenable’: SC slams practice of investigation agencies summoning lawyers, notes threat to justice administration

The Court’s observations come amidst widespread condemnation of ED summoning two senior advocates. The bench framed two primary issues and also sent the matter to the CJI's bench for appropriate orders.

Editorial: We released the Justice Varma probe report. The real question is what must follow now?

Judicial Accountability•23 Jun 2025

Editorial: We released the Justice Varma probe report. The real question is what must follow now?

On the top of our mind should be a sustained campaign for impeachment and prosecution, all through due process. But from a big picture perspective: how do we make sense of eroding public faith in the judiciary, and can we do so without bringing to question the wider conditions of democratic backsliding under this government?

All India Lawyer’s Association for Justice revives demand for in-house inquiry against Justice Shekhar Yadav, seven months after hate speech

Leaflet Reports•18 Jun 2025

All India Lawyer’s Association for Justice revives demand for in-house inquiry against Justice Shekhar Yadav, seven months after hate speech

A recent report has suggested that the SC stopped short of an in-house inquiry against Justice Yadav after the Rajya Sabha Secretariat claimed exclusive jurisdiction. A progressive lawyer’s body has now revived a long-stalled push to initiate enquiry and demand unconditional apology from the Allahabad HC judge.

What RTI data reveals about custodial torture, lack of CCTV facilities in Tamil Nadu’s police stations

Due Process•12 Jun 2025

What RTI data reveals about custodial torture, lack of CCTV facilities in Tamil Nadu’s police stations

While the Tamil Nadu police has been consistently lauded as among the best in the country, recent RTI information revealed that in 2024, three hundred inmates entered prison with broken limbs, petty offenders were more vulnerable to custodial torture and police stations rarely had CCTV facilities.

Prison overcrowding in India is truly the story of overwhelming systemic apathy

Criminal Justice•11 Jun 2025

Prison overcrowding in India is truly the story of overwhelming systemic apathy

The India Justice Report, 2025 notes that more than half the jails in India are overcrowded, with nearly 176 prisons housing as many inmates as four times their sanctioned capacity. At the base of the issue are abuse of arrest powers in disregard of the criminal laws, delayed investigations and a government push for decongestion that is only rhetorical.

A case for reforming the law on sanction for prosecution

Criminal Justice•6 Jun 2025

A case for reforming the law on sanction for prosecution

The law laid down by the Supreme Court on sanction for prosecution is inherently contradictory, the outcome of each decision at the mercy of the precedent relied upon. Despite reforms to the criminal laws, an archaic provision rooted in a colonial procedure survives, and in disharmony with our constitutional scheme.

Madhya Pradesh’s death penalty proposal for forced conversions shuns the judiciary’s principled stand on both capital punishment and conversions

Due Process•4 Jun 2025

Madhya Pradesh’s death penalty proposal for forced conversions shuns the judiciary’s principled stand on both capital punishment and conversions

In March, the Madhya Pradesh chief minister proposed to amend MP’s existing anti conversion law to include the death penalty. The proposal not only belittles the high threshold of the rarest of rare doctrine, but also further emboldens the constitutionally contested anti-conversion laws.

Jai Bhim Nagar demolitions and the doctrine of unconstitutional state of affairs

Due Process•15 May 2025

Jai Bhim Nagar demolitions and the doctrine of unconstitutional state of affairs

The doctrine of unconstitutional state of affairs, originated in Colombia, pushes to examine constitutional violations at a more structural, rather than individual level. Could invoking the principle be the most effective answer to the systemic and collusive injustice in the Jaim Bhim Nagar demolitions case?

State of satire or satire of the State?: Notes on the FIR against ‘Ms. Medusa’

Due Process•1 May 2025

State of satire or satire of the State?: Notes on the FIR against ‘Ms. Medusa’

Despite the Supreme Court’s recent observation in Imran Pratapgarhi’s case requiring the investigating officer, before filing an FIR, to conduct a preliminary enquiry to ascertain prima facie case, the FIR against ‘Ms Medusa’ for her satirical videos repeats a very similar script

Supreme Court’s indication for deadline on disqualification petitions would reinforce the Tenth Schedule and democratic accountability

Supreme Court•22 Apr 2025

Supreme Court’s indication for deadline on disqualification petitions would reinforce the Tenth Schedule and democratic accountability

Laying down timelines and checking inordinate delays in the Telangana Speaker’s case could be a crucial check by the Supreme Court

From minority rights to autonomy under the Fifth Schedule, the Waqf (Amendment) Act fails the scrutiny of constitutional morality

Religion•11 Apr 2025

From minority rights to autonomy under the Fifth Schedule, the Waqf (Amendment) Act fails the scrutiny of constitutional morality

The legislation potentially threatens the guarantees enshrined under Articles 26, 25, 21, and 14 and also the procedural safeguards supplied by the Fifth Schedule

Standing by the Bar

Supreme Court•2 Apr 2025

Standing by the Bar

On April 1, when a bench of Justices Bela Trivedi and Satish Sharma lambasted a young AOR who was previously directed to embarrassingly show his travel tickets for absence in an earlier hearing, members of the SCBA and SCAORA stood firmly by their colleague. In India, where the Bar and the Bench remain in a hierarchical, unequal arrangement, this was a crucial moment of resistance