Indian Judicial System

[uddu]

Supreme Court Grants bail to Sassoon Hospital ex-head of forensics Dr. Ajay Taware, the KEY FIGURE who helped the Pune Porsche teenager family to get blood samples switched

Bail can be given if there is undue delay in filing of charge sheet by the police. Depending on the gravity off offence & punishment possible, charge sheet is to be filed within 60-90 days. After which the accused or accomplices can seek bail. A lot of people are under the impression that others can be locked up for years without any reason.

Bail should be based on lack of proof. Especially in this case, when the proof is that good, bail is injustice done to the society and the common man. Bail is the norm has set out all the criminals back into the society and the common man will suffer, murder, mayhem, corruption all kind of crimes until the hizzoners take their own sweet time and give the verdict. Justice delayed and justice denied and more injustice done to society with more crimes. People has lost faith in the Judiciary as the last resort of Justice. The time is not that far, when the people will start delivering justice rather than send the criminals in to the hands of Police and judiciary. None in the Judiciary understands the implication of eroding public faith in them.

Also it's high time that the Government ensures that murdering a woman in Indian society is punishable by death. The complete disregard for woman's safety and bail is the norm has caused the Indian society especially the woman to suffer horrible crimes. There is nothing stopping the Government from ensuring death penalty to crimes against woman especially murder of a woman. The rarest of the rarest argument has made is so common that the brute barbaric crimes are now the commonest of common and is not inviting death penalty. Atleast the punishment for murdering a woman should be death. The expansion of death penalty to include more ways of implementing the death penalty other than hanging to death also need to be looked into and implemented.

[Sachin]

Bail should be based on lack of proof. Especially in this case, when the proof is that good, bail is injustice done to the society and the common man.

That is not how the justice system works in India (and may be across the world as well). Here if you see, the person was remanded into judicial custody (sub-jail) even without absolute proof of his alleged crime. This was done to ensure that he does not get a chance to threaten witnesses or interfere in the police investigation in any manner. But the police also cannot indefinitely delay the investigation, and hoping that their suspect/accused (who has not been found guilty) would just remain in prison. If the proof was good, don't know why the police did not file the charge sheet and the trial started. Just for argument sake, if a person is put behind bars as a remand prisoner for 1-2 years and in the trial the court finds he is not guilty, what would be the position of the man? Please note; it is not that all Indian laws are weak. Take for example; NSA under whose provisions folks like Sharjeel Imam, Umar Khalid and now that Wangchuk chap are all behind bars, with very limited chances of bail.

[tandav]

In India Courts routinely take 3-4 weeks after final hearings to pass written judgements. It is in this interregnum where there is tremendous scope for foul play. Based on court hearings one would assume one litigant had won the matter but 4 weeks later the judgement would yield a surprise.

[Sachin]

Based on court hearings one would assume one litigant had won the matter but 4 weeks later the judgement would yield a surprise.

One more thing to note. Unless one is an actual practising lawyer and have ready access to court related documents, people usually get updates from the main stream media. Main Stream Media journalists are most often clue less on judicial proceedings and have their own bias. One usual practise is to report the "oral observations" of the judicial bench. Based on this, often assumptions are made (that one party has been found guilty or the most likely verdict). But in the final written judgement it would be some thing else. And it is only the written judgement which has the authority of law, and all actions are done based on the written judgement.

[tandav]

It takes years to get to final judgement stage post which there is a unknown amount of time to get a judgement. This type of delay of 4 weeks from time to hear litigants in court and to finally write the final judgement must be unique in the world. Nowhere else I think such a time lapse is allowed. I do not see why this time is required and whether this type of time to justice is even legal. In USA the Jury return a Guilty / not guilty verdict and Judge passes sentence right then and there. From time to hear matter and get judgement ~ 4 weeks maximum

[Sachin]

It takes years to get to final judgement stage post which there is a unknown amount of time to get a judgement. In USA the Jury return a Guilty / not guilty verdict and Judge passes sentence right then and there.

We may have to understand how the judicial systems in both countries work, and also the volume of cases which lands up at every court (in India and US). From my observation, it is the trials done at the level of Sessions Court (which means offence tried would have 7+ years of imprisonment or death sentence) which lead to inordinate delays. This is basically due to the complex requirements in such trials, and also provisions of appeals at High Court and Supreme court. At the magistrate's courts the trial and sentencing is usually faster. So when we say in US the jury returning a verdict and judge passing the sentence right then & there, we must also understand what type of case he was hearing. And once that verdict is given, are there provisions for appeal, and if yes how long does it take to be completely heard (by US State Supreme Courts or Federal Supreme Courts - based on the offences). PEW Research.org web site says that "the average time between sentencing and execution in the U.S. has increased sharply since the 1980s. In 1984, the average time between sentencing and execution was 74 months, or a little over six years, according to BJS. By 2019, that figure had more than tripled to 264 months, or 22 years. The average prisoner awaiting execution at the end of 2019, meanwhile, had spent nearly 19 years on death row.".

I am not saying Indian judiciary is super fast or efficient. But we must also understand how the whole justice system works in India (which is a more populous country than US), and also the Justice system followed is one established by a much more smaller country which can be criss-crossed in a day's time.

[uddu]

https://x.com/i/status/2032045215968886865
@OpIndia_com
Death penalty for a rape convict who ripped apart the vagina of a 5-year-old girl for 'penetration' has been stayed.

The Supreme Court has now ordered the police to produce his records, his behaviour inside the jail, and a report on his psychological evaluation.

https://x.com/MeghUpdates/status/2031936875594989869
@MeghUpdates
BIG! Supreme Court STAYS execution of DEATH PENALTY of a man convicted for rape & murder of a 5-year-old girl in MP.
— Court seeks psychiatric evaluation & prison conduct report
— Appeal against death sentence to be heard
— MP HC had earlier termed it a “rarest of rare” case

[Sachin]

On the death sentences and it being actually carried out. My observation is as follows.
1. The guilty should have actually done some gruesome crime, and the prosecution has a strong case & evidence.
2. There has to be a wide spread angst among people (which at times can also be orchestrated by the media, to show a larger than life impact) on the crime/incident and anger against the perpetrators.
3. The guilty/condemned men would usually be from the "majority" community, who often remain true their faith (irrespective of the crime they committed).
4. The guilty are most often poor (so paying for expensive lawyers is ruled out), and not part of any organised religion which can get religion based NGOs to provide legal aid, or do media campaign (and try getting sympathies of the people).
5. The guilty people often show no signs of remorse, and may even make more nastier statements (which the media outlets can amplify).
6. The government of the day also sees real tangible benefit in carrying out the execution. Benefits include swaying of voters to their own side, or showing the government as very strong & committed when it comes to national security or maintaining law & order etc.

NOTE: The points are applicable in normal crime cases involving heinous crimes (murder, rape, murder + rape etc.) No. 6 may become paramount and over-rule #3, #4, #5 in situations where issues of patriotism, or public angst on national security gets involved.

[uddu]

@ARanganathan72
The Supreme court respects all religions but mocks only one.

Off the Record, on @LawBeatInd with @LegalTalwar:
Is India’s Justice System Failing? Dr. Anand Ranganathan Speaks | Mic Open with Sanya Talwar
In this episode of Mic Open, Off The Record, Dr. Anand Ranganathan joins Sanya Talwar for a candid conversation on the state of India’s justice system.

From the staggering backlog of 54 million pending cases to the debate around the collegium system and judicial appointments, Ranganathan argues that justice remains India’s most important yet most neglected institution.

He speaks about:
• Judicial pendency and court vacations
• Why judges appointing judges raises concerns
• Free speech absolutism and its limits
• Contempt law and whether it should be repealed
• The role of constitutional morality and judicial courage
• Ambedkar, reform, and ideological pressures in law

Calling justice “the greatest invention of humanity,” Ranganathan makes the case that India must urgently rethink how its legal system functions.

This episode of Mic Open, Off The Record is a wide-ranging discussion on accountability, institutional reform, and the future of the judiciary.

Chapters:

0:00 Introduction – Dr. Anand Ranganathan on Mic Open: Off the Record
2:17 Why Law Should Be Treated Like a Scientific Discipline
4:46 “Justice Is Humanity’s Greatest Invention” – Philosophical View
7:00 India’s Judicial Crisis: 5.4 Crore Pending Cases & Judge Shortage
9:26 Court Vacations, Vacancies & Why Justice Delivery Is Failing
11:53 Judicial Accountability: Are Judges Shielded from Scrutiny?
14:04 The Collegium System – Why Judges Appointing Judges Is Problematic
16:40 Nepotism in the Judiciary & The Case for Merit-Based Selection
18:54 Political Interference in Judicial Appointments – Historical Examples
21:15 Religious Double Standards in Court Decisions
23:40 Sabarimala Debate: Faith vs Equality in Constitutional Law
25:55 Shah Bano Case & Vote Bank Politics in Legal Decisions
28:09 Menstruation, Religion & Constitutional Rights
30:42 Judicial Consistency and Selective Intervention in Religious Practices
32:57 Ambedkar, Social Reform & Selective Quoting in Public Discourse
35:14 Free Speech Absolutism – Where Should the Limits Be?
37:45 Hate Speech, Blasphemy Laws & Judicial Interpretation
39:46 Constitutional Morality vs Democratic Will
42:17 Judicial Activism vs Judicial Restraint
44:59 Contempt of Court Laws – Reform or Repeal?
46:00 Media, Protests & Public Debate on the Judiciary
47:00 Closing Remarks

[tandav]

https://arekay.substack.com/p/the-supre ... dia-has-no
NCERT Textbook case. Authors Blacklisted, Chapter Expunged, No due process followed. It is clear that institutions that uphold the rule of law seem to be above the rule of law and above criticism.

https://arekay.substack.com/p/i-wrote-a ... corruption
Court Judges and Advocates wrote to the students University to pull down the first URL.

[uddu]

https://x.com/i/status/2036769438213792138
@divya_gandotra
A final-year law student, Rishi Kumar from Tamil Nadu National Law University, refuses to delete his blog criticising the Supreme Court… despite pressure from his own university.

Why?

Because the administration allegedly received calls from advocates, judges, and others claiming the post harms the institution’s “reputation.”

The blog titled “The Supreme Court of India Has No Spine” questioned the court’s decision to ban an NCERT textbook chapter on judicial corruption.

But here’s the real issue:
A law student is being told to silence himself… for expressing a legal opinion.

His response?

Clear and powerful:
“My opinions are mine… you do not own my voice or my conscience.”

He even said he’s ready to face disciplinary action rather than back down.

This isn’t just about one blog.

This is about academic freedom vs institutional pressure.

If law students… the future of the judiciary are discouraged from questioning the system,
then who exactly is allowed to question it?

Criticism of institutions ≠ disrespect.
Silencing criticism = weakening democracy.

[uddu]

https://x.com/i/status/2037506956529897828
@ShefVaidya
This is huge. Hope SC upholds this too! I am sick and tired of being told five times a day that ‘there is only one true God’

[uddu]

https://x.com/swati_gs/status/2038890738134786119
@swati_gs
22-year-old man impregnated 16-year-old girl

Meghalaya high court has allowed the man go scot-free, permitting that POCSO case against him be quashed

Why?

Because he married the girl and now court is calling it adolescent relationship, invoking ‘Romeo-Juliet’ jurisprudence

—-

A lobby wants to legally lower age of consent to 16 so that impregnating 16-year-old girls will not attract POCSO in the first place and such cases won’t have to go to court

They are claiming it would be a step towards child rights

[Sachin]

Because he married the girl and now court is calling it adolescent relationship, invoking ‘Romeo-Juliet’ jurisprudence

This 'Romeo-Juliet Jurisprudence' etc is not written down in any Indian law, including the POCSO Act. The biggest problem is the rights of interpretation given to the judicial courts, and this leads to new fancy theories or even various High Courts of the states giving different verdicts for the same problem. Democratically elected governments at state and union levels just seem to be incapable of acting against this misuse of interpretations.

[uddu]

https://x.com/i/status/2041462099495493770
@swati_gs
Here, I corrected the framing of this verdict:

'Madhya Pradesh high court has rejected a woman's plea that her husband be booked for bringing in a second wife and forcing her to give divorce to him without any claim of maintenance (khula), for not being able to bear a child

'The court gave the verdict because the woman being Muslim who did nikah as per Muslim law, does not have the right to invoke punishment for bigamy against her husband the way Hindu, Buddhist, Sikh and Jain women have

'That is because while Hindu society agreed to treat polygamy as a social evil against women, Islamic society refused, as all mullahs ganged up when it was proposed because Sharia is by men and for men with built-in religious permits for women exploitation'

https://x.com/LiveLawIndia/status/2041355199441510758
@LiveLawIndia
'Second' Marriage By Muslim Man Not Bigamy U/S 494 IPC; Islam Permits Polygamy: #MadhyaPradeshHighCourt

[uddu]

https://x.com/i/status/2041239911291089327
@abhijitmajumder
HUMILIATING.
I have never seen a chief secretary of a state being publicly scolded like this by the topmost judges of the country.
Watch West Bengal CS get a tongue-lashing like a last-bencher from the CJI and the chief justice of Calcutta HC over attack on judges in Malda.