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In its over 140 page judgment, summarised here, the Court distinguished two sets of reliefs based on the alleged roles assigned to each of the seven individuals in the 2020 Delhi riots.
Sadeeq Sherwani
Staff Writer
India’s refusal to accept individual complaints under the ICCPR leaves political prisoners without international recourse, unless civil society chooses to act.
As petitioners gear up for rejoinder arguments, we bring to you the complete rundown of the arguments advanced by the Delhi Police to oppose the grant of bail to the Petitioners.
On the midnight of September 8, 2014, I waited on the pavement outside Justice H.L. Dattu’s residence, as the jailers in Meerut Jail made preparations for Surendra Koli’s hanging. It was a race against time, a struggle against an irreversible miscarriage of justice.
In practical terms, the Supreme Court’s ruling in Mihir Rajesh Shah (2025) may slow down the mechanical pace of arrest - but that is the price of constitutionalism.
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 Delhi Police, in its affidavit opposing the bail pleas, described the February 2020 violence as a “deep-rooted, premeditated and orchestrated conspiracy.”
The Court will continue hearing the case on November 6, Thursday.
In its affidavit, the police described the violence as a “deep-rooted, premeditated and orchestrated conspiracy.”
The petition notes that Wangchuk’s decades of contributions to education, innovation, and green technology have strengthened, not undermined, India’s interests.
More than seven decades after independence, the State and its institutions appear strikingly detached from the ethos of transformative constitutionalism—nowhere more evident than in their continued reliance on and justification of the preventive detention regime.
Detaining a person under preventive detention laws is an exception to the usual process of taking a person into custody under the relevant law for an alleged crime. As Sonam Wangchuk’s wife - Gitanjali Angmo - is supplied with a copy of his detention order, we do a deep dive on grounds of detention under preventive detention laws.
In MNLU Nagpur, a survivor received no justice despite two consecutive findings that she was sexually harassed on her college grounds. Across India’s NLUs, patterns of anti-sexual harassment law non-compliance and retraumatisation of survivors repeat over and over.
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.
Going forward, reimagining migrant safety as a constitutional and human rights obligation, rather than a matter of state discretion, is essential, achievable only through co-operative federalism.
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.
“Why is the trial not going on, and for how many years can a person be kept in custody without trial?” the bench asked.
A November 2024 office memorandum of the Ministry of Social Justice and Empowerment makes NFSC eligibility conditional upon NAAC accreditation of the student’s previous university. The SC formed National Task Force must recognise this as a glaring violation of the Court’s own precedents.
The Court’s dismissal of a plea to include women workers in political parties under the POSH law, relegating it to the legislature, starkly contrasts the disruptive legacy of the Vishakha judgement.
The Delhi High Court on September 2 had rejected the bail pleas of Sharjeel Imam, Umar Khalid, and seven others in an order that has been widely critiqued, provided the prolonged period of incarceration.
The Court’s directive to the Union government, in the Samay Raina case, to have a guideline to regulate ‘commercial speech’ can have a chilling effect on speech, which is inconvenient for the political establishment. For the disability movement, this is a moment to reflect on the limits of carceral disability justice.
The Court has issued notice in Shah’s appeal to a June 12 order of the Delhi HC which had refused to grant bail to the Kashmiri leader noting the possibility of re-engaging in unlawful activities and influencing witnesses.
Release of the Delhi riots conspiracy prisoners, who continue to face incarceration for five plus years without a trial, is no longer a legal issue. It is a test of this nation's moral conscience.
The Court also asked the Union government to place before it the draft guidelines to regulate online content and ensure that the dignity of all communities is safeguarded.
Who are the residents, and who are the encroachers? Across informal settlements in India’s urban centres, ceaseless demolitions, combined with judicial complicity, have emerged as means of engineering working class populations out of the electoral process. In response, the affected have invoked their suffrage.
Theoretically, adult suffrage under Article 326 of the Constitution is decoupled from housing status, ensuring that the right to vote cuts across social divisions. But the recent spate of demolitions without rehabilitation and the corresponding weaponisation of Form 7 has birthed a mechanism to purge the poor from democratic participation.
The petition argues that under the BNS even as the language has been altered, the substantive content of the infamous Section 124A of the IPC remains intact.
Thirteen years since its enactment, the POCSO Act has emerged as a double-edged sword, punishing young men for consensual relationships. Now a Supreme Court challenge has ushered a chance for reform.
A recent central government report finds, abysmally, that registration of cases under the Protection of Civil Rights Act fell down to only 13 in 2022, as several states said they had ‘NIL’ information of the law’s implementation.
Tackling the perils of digital misogyny head on, the court’s decision acknowledges that gendered-abusive words, such as ‘r***i’, are a way to reassert male dominance.
Despite progressive changes introduced by the MTP Act, procedural rigmarole and biases remain obstacles to access. A case study by CEHAT raises the most important questions.
The High Court’s decision, while noting the non-existence of employer-employee relationships, fails to take account of the changing nature of the workplace.
Editor’s note: Exactly four years ago today, Fr. Stan Swamy died in judicial custody due to medical negligence in what many objectively term as an ‘institutional killing.’ Recalling his life and legacy dedicated to the Dalit and Adivasi rights movements, fifteen friends, warped themselves in the Bhima Koregaon case, some released, some still incarcerated, are today observing a one day hunger strike. Activist and poet P. Varavara Rao, ailing through ill health, also stands in solidarity and spirit. Below are their reasons.
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.
With its enactment, the Code on Social Security formalised the exploitative disguised employment relationship between digital platforms and platform workers. Despite Section 114 of the Code, which provided for framing “suitable welfare schemes”, and the e-Shram portal, the promise of social security for India’s platform workers remains unfulfilled.
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.
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.
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.
Despite its critical importance, the right to freedom of thought (‘FoT’) remains underdeveloped in both law and discourse. As social media and advertising groups exploit the limits of our regulations around mental autonomy, a revival of debate and discourse on FoT is crucial.
Editor’s note: Today was the final working day of Justice Abhay Sreeniwas Oka, as he sets in to retire following a tenure of 3 years and 9 months at the Supreme Court. On this event, we reproduce this ode to Justice Oka, authored between advocates Mohammed Afeef and Basawa Prasad Kunale with inputs from Arvind Narrain, on the eve of his elevation to the top Court, originally published in August 2021.