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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]

“………An accused is entitled to a fair investigation. Fair investigation and fair trial are concomitant to preservation of fundamental right of an accused under Article 21 of the Constitution of India. But the State has a larger obligation i.e. to maintain law and order, public order and preservation of peace and harmony in the society. A victim of a crime, thus, is equally entitled to a fair 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]

Supreme Court of India (SC) recently asked the union government to finalize the Memorandum of Procedure (MoP) for the appointments and transfers in the higher judiciary. Since the Supreme Court’s National Judicial Appointments Commission (NJAC) decision of October, 2015 talks of finalization of new MoP are going on; but union government is insisting on ‘national security clause’. According to the union government, it must have the power to reject any name for appointment in the higher judiciary for reasons of ‘national security’. This would be like giving ‘veto’ to the union government to reject any name recommended by the SC’s collegium. The SC opposed this clause as it is of the view that under the garb of ‘national security’ independence of judiciary might be jeopardized. SC’s collegium wants its own primacy in the appointment and transfer processes. SC’s rejection of this clause seems to be an attempt to make … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done

The admissibility of the DNA evidence before the court always depends on its accurate and proper collection, preservation and documentation which can satisfy the court that the evidence which has been put in front it is reliable. There is no specific legislation which is present in India that can provide specific guidelines to the investigating agencies and the court, and the procedure to be adopted in the cases involving DNA as its evidence. Moreover, some provisions allow examination of person accused of rape by medical practitioner and the medical examination of the rape victim respectively. But the admissibility of these evidences has remained in a state of doubt as the opinion of the Supreme Court and high courts in various decisions remained conflicting. Judges do not deny the scientific accuracy and conclusiveness of DNA testing, but in some cases, they do not admit this evidence on the ground of legal or constitutional prohibition and, sometimes, the public policy. … [Read more...] about #WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended