Supreme Court Dismisses Kejriwal's Plea Against Defamation Case Filed by Gujarat University
On October 21, 2024, the Supreme Court dismissed Arvind Kejriwal’s petition, challenging a defamation case over remarks about Prime Minister Narendra Modi’s educational qualifications. A Bench led by Justice Hrishikesh Roy cited consistency, noting it had rejected a similar plea by AAP leader Sanjay Singh in August. Kejriwal's lawyer, A.M. Singhvi, argued the complaint lacked proper filing under the law, but the court left these arguments for the trial court. The defamation case, filed by Gujarat University Registrar, accuses Kejriwal of making defamatory statements.
Supreme Court Dismisses Plea to Remove 'Socialist' and 'Secular' from Constitution
On October 21, 2024, the Supreme Court rejected a public interest litigation seeking to remove the terms 'socialist' and 'secular' from the Preamble of the Constitution. A bench led by Justices Sanjiv Khanna and PV Sanjay Kumar emphasized that both concepts are integral to the Constitution’s basic structure. The petitioners, including BJP leader Subramanian Swamy, argued that the terms were introduced without debate during the 1976 Emergency. Justice Khanna reiterated that secularism and socialism are interpreted within the Indian context and are essential to the Constitution's equality and fraternity principles.
Supreme Court Questions Assam Police Over Alleged ‘Fake Encounters’
On October 23, 2024, the Supreme Court raised concerns about whether Assam Police targeted a specific community through allegedly staged encounters. The bench, comprising Justices Surya Kant and Ujjal Bhuyan, was hearing a plea from petitioner Arif Jwaddar, who claimed over 80 staged gunfights have taken place since May 2021, resulting in 28 deaths and 48 injuries. The court expressed dissatisfaction with the slow progress of investigations and suggested that such matters should not take years to resolve. The case was listed for further hearing on November 26, with the court requesting details on 171 encounter cases.
Supreme Court Extends Malayalam Actor Siddique’s Pre-Arrest Bail in Rape Case
The Supreme Court, on October 22, 2024, extended Malayalam actor Siddique’s pre-arrest bail by two weeks in connection with a rape case. The bail, initially granted on September 30, required the actor to cooperate with the investigation. The complaint, filed on August 19, accused Siddique of raping an actress in 2016. The court questioned the eight-year delay in filing the complaint during the hearing. The complainant's counsel explained that it took time for her to gather the courage to report the incident. Siddique has denied the allegations, calling them part of a harassment campaign against him.
Supreme Court Delays Marital Rape Hearing, New Bench to Decide
The Supreme Court has postponed the hearing on petitions challenging the immunity granted to husbands in marital rape cases for four weeks. The delay comes as Chief Justice DY Chandrachud is set to retire next month, and the court acknowledged that the case's arguments could not be completed during his tenure. The case, which questions the validity of a legal exception protecting husbands from rape charges, will now be taken up by a new bench after the Diwali break.
Supreme Court Issues Directives to Strengthen Free Legal Aid for Prisoners
The Supreme Court has issued new directives to enhance free legal aid services for prisoners, emphasizing the importance of equal access to justice. A bench of justices Bhushan R Gavai and KV Viswanathan underscored that free legal aid is a fundamental right under Article 21, ensuring no prisoner is deprived of legal assistance. The court called for increased awareness, recommending creative outreach methods like street plays and public notices. It also highlighted gaps in the current system, urging immediate action to release eligible prisoners and improve legal aid efficiency.
Supreme Court Overturns Delhi High Court's Bail Condition for Accused to Reside in Delhi During Trial
The Supreme Court has set aside a condition imposed by the Delhi High Court that required an accused to reside in Delhi during the trial. The apex court held that such a condition was unnecessary and overly restrictive, emphasizing that bail conditions should not be excessively harsh or punitive. The decision reaffirms the principle that while conditions may be imposed to ensure the accused's presence during trial, they must remain reasonable and not unnecessarily infringe on personal freedom.
Supreme Court Grants Bail to Accused Held for Six Months in Attempted Murder Case
The Supreme Court has granted bail to an accused who has been imprisoned for the past six months on charges related to attempted murder and violations under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. The decision came after the accused challenged the Rajasthan High Court's denial of bail. The Court noted that the accused had no prior criminal record and that the SC/ST Act charges appeared to be added as a pressure tactic. The Supreme Court emphasized the importance of balancing personal liberty with community security, directing the accused's release under conditions set by the Trial Court.
Supreme Court Calls for Sensitivity in Cross-Examination of Child Victims
The Supreme Court of India criticized the harsh cross-examination methods used against a 4-year-old girl in a sexual assault case. During the proceedings, the child faced nearly 150 questions, most of which were irrelevant. Justices Abhay S. Oka and Augustine George Masih emphasized the need for lawyers to show compassion when questioning vulnerable witnesses. The ruling highlights the importance of protecting young victims’ emotional well-being while ensuring justice is served in legal cases involving children.
BCI Expels 107 Fake Advocates from Delhi Roll to Maintain Legal Integrity
In a decisive action to uphold the integrity of the legal profession, the Bar Council of India (BCI) has removed 107 fake advocates from the Delhi roll. This move follows investigations that revealed these individuals had falsely registered as lawyers, undermining public trust in the legal system. The BCI's efforts aim to ensure that only qualified and legitimate advocates represent clients, reinforcing accountability within the profession and safeguarding the legal framework in India.
