Chambers and Partners’ Post

Legal modernization is the way forward. Eager to delve into the revisions incorporating the suggestions of the Standing Committee.

This judgment is particularly interesting in the context of the public service. For example, what if serious allegations are made against public sector employees, where there is a substantial degree of public interest in perpetrators being held to account? Do unacceptable delays caused by incompetent public officials negate the interests of the public in having justice applied? We discuss these issues in Worklaw's latest subscriber newsflash.

I'm excited to share that my case commentary on the landmark judgment "Anoop Baranwal v. Union of India" (2023) has just been published on Naya Legal website! 🎉 In this significant judgment, the Supreme Court of India addressed the crucial issue of the independence of the Election Commission. 🏛️ A big thank you to the Naya Legal team for providing this platform for legal professionals to share insights and knowledge. Check out the full commentary here: https://lnkd.in/gbDW4zbh #LegalUpdate #CaseLaw #IndianLaw #NayaLegal #LegalAnalysis

With the revised #CriminalLawBills set to be discussed in #Parliament, P39A's Anup Surendranath and Zeba Sikora point to their failure to address systemic injustices, and highlight the adverse impact of expanded #police powers & vague offences on civil liberties. The Indian Express Read our analysis of key changes between the two versions of the Bills: https://bit.ly/3tfT7Cu Our substantive analyses of the Bills: 🔹 Bharatiya Nyaya Sanhita Bill, 2023: https://bit.ly/3GNPh6t 🔹 Bharatiya Nagarik Suraksha Sanhita Bill & Bharatiya Sakshya Bill, 2023: https://bit.ly/3RHlVgr #law #justice #criminaljustice #criminallaw #criminaljusticereform #legalreform

The-Constitutionality-of-West-Bengals-Anti-Rape-Laws India’s rank of 128 out of 177 countries in the 2023 Women, Peace, and Security Index highlights ongoing concerns regarding women’s safety. With a 12.9% rise in crimes against women from 2018 to 2022, this issue is more pressing than ever. In response to public outcry, West Bengal has introduced the Aparajita Woman and Child Bill, which proposes stronger protections for women and children, including harsher penalties for rape and mandatory death sentences in extreme cases. But here's the catch – is a mandatory death sentence constitutional? The answer isn't simple. While the Supreme Court upheld the death penalty as an alternative punishment in Bachan Singh v. State, it was clear that judicial discretion is essential. In Mithu v. State of Punjab, mandatory death sentences were declared unconstitutional, as they deprived courts of the ability to consider individual circumstances and the accused's right to a fair hearing. West Bengal’s intentions are commendable, but we must ask whether stripping away judicial discretion is the best way to ensure justice. As we move forward, it’s crucial to balance strong legal action with fairness and constitutional safeguards. Let’s work toward laws that protect and empower while upholding the integrity of our legal system. Abhishek Charan Deepali Suri https://lnkd.in/gKvmuzsF #Justice #ConstitutionalLaw #WomensRights #LegalReform

#News | The Hinduja family, with roots in India, faced allegations in Geneva for illegal activities, including exploitation and human trafficking. Prosecutors revealed severe labor law violations, with workers forced to work up to 18 hours a day for minimal pay. Prakash Hinduja, a Swiss citizen since 2000, also faces a separate tax case. #RealtyNXT #HindujaFamily #GenevaCourt #HumanTrafficking #LaborExploitation #SwissLaw #GenevaProsecutors #WorkerRights #LegalNews #PrakashHinduja #TaxCase #LaborViolations

The Delhi High Court has dismissed a plea filed by Trinamool Congress (TMC) leader Mahua Moitra to restrain the Enforcement Directorate (ED) from sharing any information with the media about an ongoing investigation against her for alleged violations of the Foreign Exchange Maintenance Act, 1999 (FEMA). To read full article, click link below 👇 https://rb.gy/j5xj3a . . Lawstreet Journal #lsjjudiciary #lawstreetj #DelhiHighCourt #MahuaMoitra #TMCLeader #EDInvestigation #FEMA #LegalNews #CourtDecision #MediaRestraint #LegalUpdate #EnforcementDirectorate #LegalMatters #FEMAViolations #PrivacyRights #LegalChallenge #CourtDismissal #IndianJudiciary #india #legalnews

Lawyer Fatty Speaks on Arrest of UDPs Lamin Dibba By Lawyer Abdoulie Fatty Ebrima Dibba informed me yesterday that he was charged with sedition. I'm reliably informed that he'll be taken to court tomorrow. At 00:30, he would have been in custody for 72hrs, the max period allowed by the constitution. A second longer will be unconstitutional and unlawful. I believe that his arrest and detention are politically motivated, aimed at suppressing the opposition & stifling dissent. All of us must be outraged by this. The police are alarmingly weaponising the law to target critics & the opposition. Silence is complicity. We must all condem these tactics. CSOs and influential people must speak up. This must not be seen as an UDP issue but a deliberate & systemic attack on our democracy and fundamental rights & freedoms. We have to be consistent in our condemnations. All of us must speak up and loud against this dictatorial tendency. If Dibba is detained a minute longer than 72 hours, we will sue the IGP for unlawful detention and a flagrant violation of his Chapter IV fundamental rights and freedoms. The TRRC dedicated a whole theme to these sort of egregious conduct by the state. https://lnkd.in/e2KZdkcz

The Union Law Ministry has accepted the suggestion made by the department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice last year to establish regional benches of the Supreme Court across India. The Committee on February 6 submitted a report on the action taken on its 133rd report titled Judicial Processes and their Reforms. #SupremeCourt #supremecourtofindia #apexcourt #ministryoflawandjustice

I wrote for the Deccan Herald on 19 December 2023 on the indispensable nature of political parties and the need for their regulation in India. Please read the piece here Vidhi Centre for Legal Policy #constitutionofindia #indianpolitics #politicalparties