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President of India has appointed Justice Antony Dominic, senior-most Judge of Kerala High Court, as the Acting Chief Justice of Kerala High Court with effect from 6th  November, 2017 consequent upon the retirement of present Chief Justice Justice Navaniti Prasad Singh. … [Read more...] about Justice Antony Dominic Appointed As Acting Chief Justice Of Kerala HC [Read Notification]

In Babu Bhai vs State of Gujarat (2010), the Supreme Court stated as follows: “………Not only fair trial but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. Where non-interference of the court would ultimately result in failure of justice, the court must interfere. In such a situation, it may be in the interest of justice that independent agency chosen by the High Court makes a fresh investigation……….” … [Read more...] about #WheresTheDNA: DNA Evidence: Right To Fair Investigation And Trial

During a recent hearing, the Court took note of an earlier order passed in April this year, wherein it had directed that the prescription be placed in public domain and be widely publicized. It further noted that the impugned notification had been premised on the report of an expert body, in order to ensure that the children attend age-appropriate classes. … [Read more...] about Delhi HC Upholds Upper Age Limit For Nursery Admissions In Schools [Read Judgment]

The question is why so much opaqueness comes to surround the appointment and transfer processes of the judges of the higher judiciary. The answer lies in the functioning of the collegium system. The collegium system is the innovation of the SC. The Constitution has no provision providing for the collegium system. The SC through the interpretation of Article 124 of the Constitution invented the ‘collegium system’, which gradually turned out to be fully opaque and non-transparent. The Constitution under Article 124 and 217 tries to balance the role of executive and judiciary in the appointments and transfers in the higher judiciary- Supreme Court and High Courts. These provisions in the original text of the Constitution provided that judges in the higher judiciary will be appointed and transferred by the President of India in consultation with the Chief Justice of India and ‘with such of the judges of the Supreme Court and of the High Courts in the States as the … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done

DNA analysis for a criminal investigation uses highly sophisticated scientific equipment – first a DNA molecule from the suspect is disassembled and selected segments are isolated and measured. Then the suspect’s DNA profile is compared with one derived from a sample of physical evidence to see whether the two match. If a conclusive non-match occurs, the suspect may be eliminated from consideration. If a match occurs, a statistical analysis is performed to determine the probability that the sample of physical evidence came from another person with the same DNA profile as the suspect’s. Juries use this statistical result in determining whether a suspect is guilty or innocent. … [Read more...] about #WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended