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The Orissa high court’s division bench of S. Talapatra* and Savitri Ratho, JJ has adjudicated while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact in Nesar Ahmed Khan v. State of Orissa (2001 CriLJ 3279)

Facts of the Case

In the current case, the petitioner’s sister, as well as her daughter and son-in-law (Opposite Parties), have been imprisoning and holding against her will the petitioner’s underage daughter, who is around 12 years old. Despite many requests, the father of the youngster was unable to see his daughter. He had reported the incident to the relevant police station as well as to the Child Welfare Committee (CWC), but the authorities made no follow-up moves. The petitioner had gone to the police station on September 12, 2015, to request the release of his little daughter from unlawful detention. The Police didn’t do anything, though. The Police were instructed to open a case and begin an inquiry after the petitioner later filed a complaint with the Rourkela Sub-Divisional Judicial Magistrate’s Court. On March 25, 2016, the petitioner also wrote a letter of appeal to the Sundargarh Child Welfare Committee’s chairperson. The Investigating Officer further said that the child was imprisoned against his will in Phulwari Sharif in Patna. On August 22, 2016, a search warrant was granted, however the door was locked when the investigating officer went to the location. 

Judgment

According to the Court, the parties have agreed that there is no practice in Mohammedan Law that is comparable to adoption as it is recognized by Roman and Hindu law. The Juvenile Justice (Care and Protection of Children) Act, 2000 (the “JJ ACT”), upon which the Opposing Parties had relied, was declared by the Court to be a secular provision. According to the JJ Act, the major goal of adoption, the Court further stated, is the rehabilitation of orphaned, abandoned, or relinquished children. The court further stated that a particular time limit had been set down in the JJ Act for the parents of the children who had been turned over to the authorities to rethink handing back custody. The Court reviewed Article 226(2) of the Indian Constitution and stated that any High Court with jurisdiction over the territories where the cause of action, wholly or in part, arises may exercise the power conferred by clause (1) to issue directions, orders, or writs to any Government, authority, or person, even if the seat of such Government or authority or the residence of such person is not within those territories. farther, the Court stated that if the cause of action is completely or partially based on the use of such power, this extends the Court’s authority even farther than its geographical jurisdiction.  The Court noted that the care of the minor child was subject to being characterized as illegal detention in the absence of adoption. The Court ruled that even a familial link, as had been contended, was insufficient to deny the parents custody of their child, and that the detention of the kid was being attempted to be justified under the guise of an adoption that neither existed in reality nor was permitted by law. The opposing parties are one of the crucial considerations that the court needs to take into account, and the court was aware that emotional bonds had formed as a result of the little daughter’s prolonged stay. The court also mentioned how well-cared for the kid was by the opposing parties. 

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JUDGEMENT REVIEWED BY HARSHEEN KAUR LUTHRA, RGNUL, PUNJAB

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Ishwarappa Mahalingappa Kolhar vs Director Of Technical Education

29 May, 2023

Bench: S.Vishwajith Shettypresided Bysvsj

 

Introduction:

In a recent case that came before the Indian courts, a retired professor, who had dedicated his life to teaching, sought justice for the delayed settlement of his pension arrears. The professor approached the court under Article 226 of the Constitution of India, invoking the powers of the judiciary to secure his rightful entitlements. After a long legal battle, the court issued a directive to the concerned authorities to consider the professor’s representation expeditiously. This blog delves into the professor’s struggle, the court’s ruling, and the significance of justice in pension matters.

The Professor’s Plight:

The petitioner, a retired professor, had served as an Assistant Lecturer in a renowned college since 1967. However, despite a government order issued in 1983 regarding the pay fixation of teaching staff, the petitioner’s case was not addressed. Frustrated by the lack of action, the professor filed a writ petition in 2003 seeking the implementation of the 1983 resolution and the designation of his post as a lecturer. Fortunately, in 2010, the court ruled in his favor, acknowledging his entitlement to all benefits, including monetary compensation according to the AICTE Scale.

The Delayed Pension Arrears:

Following the court’s judgment, the concerned college authorities submitted a report on the petitioner’s pay fixation, which was subsequently approved by the relevant government authority in 2012. However, the arrears owed to the petitioner, who had retired in 2000, were not disbursed until June 2013. The petitioner’s counsel argued that such a significant delay warranted the application of interest on the outstanding amount. To support their claim, a representation was made in 2012, invoking applicable circulars, but remained unconsidered.

 

Court’s Observations and Decision:

During the proceedings, the respondents did not dispute the petitioner’s claim that his representation for interest on delayed pension arrears had remained unaddressed. After considering the facts and circumstances, the court refrained from granting immediate relief in the form of direct payment of arrears. However, it emphasized the need for the competent authorities to expedite the consideration of the petitioner’s representation.

The court recognized the petitioner’s long wait for settlement of his dues, extending over ten years, and deemed it necessary to issue a directive for the expeditious consideration of the representation. The court directed the second respondent, the competent authority, to take up the matter within three months from the date of receiving a certified copy of the court’s order.

The Pursuit of Justice:

The court’s ruling is a significant step toward ensuring justice for retired employees who face delays in receiving their entitled pension arrears. The case highlights the importance of timely disbursement of pension benefits, as these funds are essential for retired individuals to sustain themselves and maintain their quality of life.

While the court recognized the petitioner’s plight and provided a directive for speedy resolution, the struggle for pension justice continues for many retired individuals across the country. It underscores the need for efficient administrative mechanisms to handle pension matters promptly and to address grievances in a timely manner.

Conclusion:

The retired professor’s fight for justice in securing his pension arrears serves as a reminder of the challenges faced by many retirees in obtaining their entitled benefits. The court’s decision to expedite the consideration of the petitioner’s representation signifies a small victory in the pursuit of justice. However, it is imperative for the concerned authorities to address such issues promptly, ensuring the timely and rightful disbursement of pension arrears. Only then can retired individuals enjoy the peace of mind and financial stability they deserve after a lifetime of service.

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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR

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Introduction:

Sedition laws in India have long been a subject of intense criticism and scrutiny, as they continue to provoke heated debates regarding their compatibility with democratic principles and the protection of fundamental rights. Rooted in the colonial era, these laws have faced mounting opposition for their potential to stifle dissent and curtail free speech, prompting a closer examination of their provisions and their impact on individual liberties.

Enshrined in Section 124A of the Indian Penal Code, the sedition laws aim to criminalize acts that incite violence, disturb public order, or seek to overthrow the government through unlawful means. However, critics argue that the broad and vague language of the legislation has been prone to misuse, allowing authorities to target individuals for expressing dissenting opinions or criticizing government policies, thus infringing upon their right to freedom of expression.

This article seeks to shed light on the criticisms surrounding sedition laws in India, exploring the various concerns raised by legal experts, activists, and scholars alike. We delve into the contention that these laws are frequently employed as tools of repression, silencing voices of opposition and stifling legitimate dissent. Critics argue that the overuse and abuse of sedition charges not only undermine the democratic fabric of the nation but also hinder open dialogue and impede the growth of a vibrant civil society.

By critically examining the criticisms surrounding sedition laws in India, the aim is to stimulate informed discussions about the need for legislative reforms that uphold the principles of democracy, protect individual liberties, and foster an environment conducive to open dialogue and constructive dissent.

Criticisms:-

 

Sedition laws in India have been subject to widespread criticism and controversy due to their potential infringement upon freedom of speech, expression, and dissent. Here are some key reasons why these laws have faced substantial backlash:

1. Ambiguous and Vague Language:

One of the primary criticisms revolves around the vague and ambiguous language employed in the sedition laws. The provision under Section 124A of the Indian Penal Code criminalizes acts that attempt to incite violence, disturb public order, or overthrow the government by illegal means. However, the lack of clear definitions and subjective interpretation often allows authorities significant leeway in determining what constitutes seditious activity. This broad interpretation has led to concerns of misuse and abuse, with dissenting voices being targeted and silenced under the pretext of sedition.

1. Suppression of Dissent:

Critics argue that sedition laws have frequently been employed as tools to suppress legitimate dissent and criticism of the government or its policies. Activists, journalists, students, and individuals expressing dissenting opinions have often found themselves facing sedition charges, leading to self-censorship and a chilling effect on freedom of expression. The fear of being branded seditious hampers open dialogue, democratic discourse, and the ability to hold those in power accountable.

1. Violation of Freedom of Speech:

 Sedition laws have been seen as contradictory to the fundamental right to freedom of speech and expression enshrined in the Indian Constitution. The right to express dissenting opinions, criticize the government, or engage in peaceful protests is considered essential in any democratic society. However, the sedition laws, with their wide scope and potential for misuse, create an atmosphere of fear, curbing the exercise of this fundamental right.

1. Incompatibility with International Standards:

India is a signatory to international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR), which emphasizes the importance of protecting freedom of expression and opinion. Critics argue that sedition laws in India fail to meet the standards set by these international agreements, as they unduly restrict the right to express dissenting views and infringe upon individual liberties.

1. Arrests and Harassment:

 Instances of arrests and harassment under sedition charges have drawn significant public attention and fueled the criticism against these laws. High-profile cases involving activists, journalists, and students facing sedition charges have sparked outrage, with concerns raised about the misuse of the law to stifle legitimate voices of opposition and dissent.

Potential for misuse:-

One of the key issues with sedition laws in India is their potential for misuse and abuse. The law defines sedition as any act or speech that brings or attempts to bring hatred, contempt, or disaffection towards the government or the state. This broad definition allows for wide interpretation and subjective application, leaving room for authorities to target individuals who voice criticism or raise dissenting opinions, often under the guise of maintaining national security.

Protesters and activists have frequently found themselves at the receiving end of sedition charges. For instance, the arrest of prominent activists like Binayak Sen, Arundhati Roy, and Sudha Bharadwaj under sedition charges has raised concerns about the freedom of expression in the country. These individuals, known for their advocacy of human rights and social justice, were targeted for their criticism of government policies or support for marginalized communities. Such arrests not only curtail their individual freedoms but also send a chilling message to others who may be hesitant to speak out against perceived injustices.

Comedians and satirists have also faced the wrath of sedition laws in India. Their comedic performances and satirical expressions, intended to highlight social and political issues through humor, have sometimes landed them in legal trouble. One notable case involved the arrest of stand-up comedian Munawar Faruqui, who was accused of making derogatory remarks about Hindu deities during a performance. Although Faruqui’s arrest was eventually deemed unlawful by the judiciary, it served as a stark reminder of the potential consequences faced by artists who challenge the establishment through their craft.

The misuse of sedition laws not only stifles free speech but also undermines the democratic values that India upholds. It creates an atmosphere of fear and self-censorship, where individuals and groups may refrain from expressing their opinions openly due to the fear of legal repercussions. The ability to question and criticize the government is a vital component of a healthy democracy, and sedition laws should not be employed as a means to suppress this fundamental right.

There have been calls from various quarters to reassess and reform the sedition laws in India. Suggestions range from narrowing down the definition of sedition to ensuring strict safeguards and judicial oversight before initiating sedition cases. Such reforms could help strike a balance between safeguarding national security and preserving the right to freedom of expression, thus preventing the laws from being misused to muzzle dissent and silence voices in the country.

Case Laws:-

 

1. Kedar Nath Singh v. State of Bihar (1962):

This case is considered a landmark judgment on sedition in India. The Supreme Court held that Section 124A of the Indian Penal Code, which deals with sedition, is constitutional but clarified that mere criticism of the government or expressing unpopular views would not amount to sedition unless it incites violence or creates public disorder.

1. Balwant Singh v. State of Punjab (1995):

The Supreme Court, in this case, held that raising slogans in support of a separate state did not amount to sedition unless there was a call for violence or public disorder. The court emphasized the importance of distinguishing between the mere expression of a thought and an actual incitement to violence.

1. Arup Bhuyan v. State of Assam (2011):

 In this case, the Supreme Court ruled that in order to constitute sedition, there must be a direct incitement to violence or public disorder. Mere membership in an organization with secessionist demands or expression of strong views against the government would not amount to sedition unless there is a call for violence.

1. Shreya Singhal v. Union of India (2015):

 While not directly related to sedition, this case is significant as it dealt with the constitutional validity of Section 66A of the Information Technology Act, which criminalized online speech. The Supreme Court struck down Section 66A, stating that it was unconstitutional and violated the right to freedom of speech and expression.

1. Binayak Sen v. State of Chhattisgarh (2011):

Although not a sedition case, this case highlights the criticism of the misuse of sedition charges. The Supreme Court granted bail to Binayak Sen, a human rights activist who was charged with sedition, emphasizing the need for evidence to establish the intention to create public disorder or incite violence.

Conclusion:

Recognizing these criticisms, the Law Commission of India, in its 2018 report, recommended a reevaluation and reconsideration of the sedition laws. The report emphasized the need to narrow down the scope of the provision, ensure clarity in its language, and safeguard freedom of speech and expression.

These criticisms reflect the growing concern about the balance between national security and individual rights in the context of sedition laws in India. The calls for reform or repeal of these laws underscore the importance of revisiting and redefining the legislation to align with democratic principles and protect citizens’ constitutional rights.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

ARTICLE  BY SHREEYA S SHEKAR

References:-

 

1. Singh, P. (2020). Sedition Law and Freedom of Expression in India. Journal of Indian Law and Society, 11(1), 76-95.
2. Chaudhary, G. (2019). Sedition Laws in India: A Colonial Hangover? Journal of Law, Social Justice and Global Development, 22(1), 113-134.
3. Law Commission of India. (2018). Consultation Paper on Sedition. Retrieved from https://main.sci.gov.in/pdf/LU/ALLAHABAD/2018/05212018.pdf
4. Basu, S. (2017). Freedom of Speech and Sedition in India: Constitutional and Comparative Perspectives. International Journal of Constitutional Law, 15(1), 293-321.
5. Roy, A. (2016). Sedition and the Constitution: A Critical Analysis. Economic and Political Weekly, 51(9), 21-24.
6. Bhat, A. (2014). Sedition and the Constitution: An Analysis of Recent Cases. Indian Journal of Constitutional Law, 8(2), 179-198.
7. Verma, S. (2012). Sedition Law in India and Freedom of Expression. NUJS Law Review, 5(1), 255-277.
8. Chakrabarti, S. (2007). Sedition Laws in India: A Tool for Repression. Economic and Political Weekly, 42(30), 3116-3120.
9. National Campaign for Repeal of Sedition Law (NCRSL). (n.d.). Retrieved from http://repeal-sedition-law.in/
10. Amnesty International India. (n.d.). Sedition Law in India. Retrieved from https://amnesty.org.in/sedition-law-in-india/

 

Sunil Kumar vs The State Of Karnataka

23 May, 2023

Bench: Hon’ble Krishna S.Dixit

 

Introduction:

In the Indian legal system, externment orders hold significant implications for personal liberty, as they restrict individuals from residing within a specific area. This blog examines a specific case, Sunil Kumar v. The State of Karnataka, where the petitioner challenges an externment order issued against him. The blog delves into the arguments presented, the court’s decision, and the broader impact of such orders on individual rights, particularly in relation to Article 21 of the Constitution of India.

Background of the Case:

The petitioner, Sunil Kumar, filed a writ petition under Articles 226 and 227 of the Constitution of India, seeking to quash the externment order issued against him. The impugned order was dated 07.03.2023 and bore number MAG (EXILE) VIVA.500/2021-22. The petitioner challenged the order on the grounds that it did not reflect a due application of mind and infringed upon his constitutionally guaranteed personal liberty under Article 21.

Articles

Article	Content
21	No person shall be deprived of his life or personal liberty except according to procedure established by law
226	Gives High Courts the ability to issue instructions, orders, and writs to any person or authority, including the government
227	Gives High Courts the power of superintendence over all courts and tribunals in the territory over which they have jurisdiction.

Arguments Presented:

The counsel representing the petitioner argued that externment orders cannot be issued in a routine manner, as they have significant implications for personal liberty. They contended that the order in question lacked a proper examination of the material on record and should be invalidated.

Counter-arguments:

The learned Additional Government Advocate (AGA), representing the respondents, opposed the writ petition. The AGA argued that the externment order was justified as the petitioner had a history of being a habitual gambler and had failed to exhibit good conduct even after being provided with Good Conduct Bonds. The AGA further contended that the writ court should not grant any indulgence in such matters.

Court’s Decision and Analysis:

After considering the arguments presented, the court disposed of the writ petition with a stipulation. The court acknowledged the significance of externment orders on personal liberty and recognized that the impugned order should not be enforced immediately if the petitioner executes a Good Conduct Bond within a period of two weeks. However, the court emphasized that failure to execute the bond would render the order enforceable. Additionally, if the petitioner breaches the bond, the bond amount would be forfeited to the State Exchequer.

Implications and Significance:

The court’s decision in this case highlights the balance between personal liberty and the need to maintain law and order. Externment orders are viewed as measures to prevent potential disruptions caused by habitual offenders, but their impact on individual rights must be carefully evaluated. The court’s stipulation regarding the Good Conduct Bond reflects a compromise that allows the petitioner an opportunity to demonstrate good behavior while ensuring that the order remains enforceable in case of any breach.

 

Conclusion:

The case of Sunil Kumar v. The State of Karnataka sheds light on the intricacies surrounding externment orders and their implications for personal liberty. While recognizing the importance of maintaining public order, it is crucial for authorities to exercise due diligence and ensure a fair examination of the material on record before issuing such orders. This case serves as a reminder that individual rights, particularly the right to personal liberty enshrined in Article 21 of the Constitution, should be protected and upheld while maintaining the rule of law.

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JUDGEMENT REVIEWED BY SHREEYA S SHEKAR

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