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Cults and Chatter
Name of the Case:
People of the State of California v. Charles Manson, Susan Atkins, Patricia Krenwinkel, and Leslie Van Houten
Parties to the Case:
Petitioner: People of the State of California Respondent: Charles Manson, Susan Atkins, Patricia Krenwinkel, Leslie Van Houten, and other Manson Family members
Nature of the Case:
Criminal case involving charges of conspiracy to commit murder, multiple counts of murder, and criminal association.
Background:
The Manson Family, a cult-like group led by Charles Manson in the late 1960s, carried out a series of brutal murders in California. Manson directed his followers to commit these murders to incite "Helter Skelter," a term he borrowed from a Beatles song and envisioned as a race war. The most infamous killings were the murders of actress Sharon Tate and six others over two nights in August 1969.
Facts of the Case:
August 8-9, 1969: Manson Family members killed actress Sharon Tate (who was eight months pregnant) and four others at her Beverly Hills residence.
August 10, 1969: The group murdered Leno and Rosemary LaBianca in their Los Angeles home.
Manson did not physically participate in the murders but orchestrated them, influencing his followers through manipulation and psychological control.
The killings were carried out with extreme brutality, and phrases written in the victims' blood were left at the scenes.
Issues Raised:
Was Charles Manson legally culpable for the murders he ordered but did not physically commit?
Could the prosecution prove conspiracy and shared intent among all the defendants?
Did the defendants receive a fair trial given the intense media scrutiny?
Provisions:
California Penal Code:
Section 187: Murder.
Section 182: Conspiracy to commit a crime.
Contentions of Counsels:
Prosecution:
Argued that Manson masterminded the murders, using his influence over the Family members to carry them out.
Presented evidence of Manson’s apocalyptic ideology and testimony from former Family members, including Linda Kasabian, who turned state witness.
Defense:
Denied Manson’s direct involvement and questioned the reliability of prosecution witnesses.
Claimed that the defendants were acting independently or under duress.
Judgment:
Trial Court (1971):
Charles Manson, Susan Atkins, Patricia Krenwinkel, and Leslie Van Houten were found guilty of first-degree murder and conspiracy to commit murder.
All were sentenced to death.
Post-Trial Developments:
Following the California Supreme Court's abolition of the death penalty in 1972, their sentences were commuted to life imprisonment.
Case Analysis:
Command Responsibility: Manson’s conviction despite not directly committing the murders highlighted the legal principle of conspiratorial liability.
Media Influence: The trial was one of the most publicized in history, raising questions about the impact of media on jury impartiality.
Psychological Manipulation: The case illustrated the devastating effects of psychological control and cult-like environments.
Conclusion:
The Manson Family murders shocked the world, symbolizing the darker side of the counterculture era. The case remains a chilling study of manipulation, group psychology, and criminal justice. Manson died in prison in 2017, and most of his followers remain incarcerated.
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Conversations w/ a killer: Ted Bundy
Name of the Case:
State of Florida v. Theodore Robert Bundy
Parties to the Case:
Petitioner: State of Florida Respondent: Theodore Robert Bundy
Nature of the Case:
Criminal case involving multiple charges of murder, kidnapping, and assault.
Background:
Ted Bundy was an American serial killer who confessed to murdering 30 young women across several U.S. states during the 1970s. Known for his charisma and intelligence, Bundy lured his victims into situations where he could overpower them. His crimes were marked by extreme violence, and he often revisited the bodies of his victims.
Bundy’s capture and subsequent trials became some of the most publicized criminal cases in history, partly due to his dramatic courtroom behavior and decision to represent himself in court.
Facts of the Case:
Bundy was first arrested in 1975 for attempted kidnapping in Utah, which led to his connection to other crimes.
After escaping custody twice, he committed further murders in Florida, including the brutal attacks at the Chi Omega sorority house at Florida State University in 1978.
Bundy was charged with multiple murders, including those of Lisa Levy and Margaret Bowman, and the abduction and murder of 12-year-old Kimberly Leach.
Issues Raised:
Was Bundy guilty of the murders and assaults attributed to him?
Did Bundy receive a fair trial despite his decision to represent himself?
Did the evidence meet the burden of proof required for the death penalty?
Provisions:
Florida Criminal Code:
First-degree murder.
Kidnapping.
Sexual assault.
Legal Principles Considered:
Due process under the Sixth Amendment.
Criteria for imposing the death penalty under U.S. Supreme Court precedents.
Contentions of Counsels:
Prosecution:
Presented forensic evidence, including bite marks on one of the victims that matched Bundy’s dental impressions.
Emphasized eyewitness testimonies and physical evidence linking Bundy to the crime scenes.
Defense (Represented by Bundy):
Bundy attempted to discredit the prosecution’s evidence and argued procedural errors.
Claimed his innocence, asserting that the evidence was circumstantial and insufficient for conviction.
Judgment:
Trial Court (1979):
Bundy was convicted of the murders of Lisa Levy and Margaret Bowman and sentenced to death.
Subsequent Trial (1980):
Bundy was convicted of the abduction and murder of Kimberly Leach and sentenced to death again.
Appeals and Execution:
Bundy’s appeals were denied, and he was executed in the electric chair at Florida State Prison on January 24, 1989.
Case Analysis:
Forensic Evidence: The bite mark evidence was pivotal in securing Bundy’s conviction, highlighting the role of forensic science in criminal investigations.
Self-Representation: Bundy’s decision to represent himself underscored the risks of allowing a defendant to self-represent in high-stakes cases, as his lack of legal expertise likely hurt his defense.
Media and Public Attention: The case became a spectacle, raising questions about media influence on the judicial process.
Conclusion:
The Ted Bundy case is one of the most infamous in American criminal history. It demonstrated the importance of meticulous investigation, the evolution of forensic science, and the challenges of high-profile trials. Bundy’s execution marked the end of a case that left a lasting impact on the criminal justice system and public consciousness.
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Killer clown
Case Analysis of John Wayne Gacy
Name of the Case:
People of the State of Illinois v. John Wayne Gacy
Parties to the Case:
Petitioner: People of the State of Illinois Respondent: John Wayne Gacy
Nature of the Case:
Criminal case involving multiple counts of murder, sexual assault, and concealment of dead bodies.
Background:
John Wayne Gacy, an American serial killer and sex offender, was convicted of murdering at least 33 young men and boys between 1972 and 1978. Known as the "Killer Clown" due to his public persona as a children's entertainer, Gacy lured his victims to his home, where he assaulted, tortured, and murdered them. Most of the victims were buried in the crawl space of his home in Chicago, Illinois.
Facts of the Case:
Gacy’s crimes came to light following the disappearance of Robert Piest, a 15-year-old boy last seen with Gacy in December 1978.
Police discovered human remains buried in the crawl space of Gacy’s home during a search warrant.
Gacy confessed to killing over 30 victims, most of whom were young men and boys he lured with promises of work or other opportunities.
He was charged with 33 counts of murder, making it one of the worst serial murder cases in U.S. history.
Issues Raised:
Was Gacy mentally competent to stand trial?
Did Gacy’s actions meet the criteria for the death penalty under Illinois law?
Could Gacy’s defense of insanity be justified based on his psychological evaluations?
Provisions:
Illinois Criminal Code:
Murder charges.
Aggravated sexual assault.
Death penalty eligibility.
Legal Principles Considered:
The M'Naghten Rule for insanity defense.
Capital punishment laws in Illinois.
Contentions of Counsels:
Prosecution:
Presented overwhelming evidence, including confessions, the recovery of bodies, and testimony from survivors of Gacy’s attacks.
Emphasized the premeditated and heinous nature of Gacy’s crimes to argue for the death penalty.
Defense:
Claimed Gacy was not guilty by reason of insanity, citing psychological evaluations that indicated mental health issues.
Argued that Gacy’s actions were the result of mental illness, not criminal intent.
Judgment:
Trial Court (1980):
Gacy was found guilty of all 33 murders after a five-week trial.
He was sentenced to death for 12 counts of murder and life imprisonment for the other counts.
Appeals:
Gacy’s appeals were denied at every level, and his death sentence was upheld.
Execution (1994):
Gacy was executed by lethal injection at the Stateville Correctional Center in Illinois.
Case Analysis:
Competency and Insanity Defense: Gacy’s defense hinged on claims of insanity, but the prosecution successfully demonstrated that he was aware of the criminality of his actions, as evidenced by his efforts to hide the bodies.
Impact on Victims’ Families: The case highlighted the immense suffering of the victims’ families and the community.
Judicial Efficiency: The case is noted for its thorough investigation and successful prosecution despite its complexity.
Conclusion:
John Wayne Gacy’s case stands as a grim reminder of the devastating impact of serial murders. It also underscores the importance of due process and the role of forensic evidence in securing justice. Gacy’s execution brought closure to many, though the scars of his crimes remain.
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Noida double murders
Name of the Case:
Rajesh Talwar and Nupur Talwar v. State of Uttar Pradesh
Parties to the Case:
Petitioner: Dr. Rajesh Talwar and Dr. Nupur Talwar (Parents of Aarushi Talwar) Respondent: State of Uttar Pradesh
Nature of the Case:
Criminal case involving the double murder of Aarushi Talwar and Hemraj Banjade (the family’s domestic worker).
Background:
The Aarushi Talwar case involves the mysterious double murder of 14-year-old Aarushi Talwar and 45-year-old Hemraj on May 15-16, 2008, in Noida, India. The case garnered national and international attention due to its sensational nature, alleged botched investigations, and the involvement of Aarushi’s parents as prime suspects.
Facts of the Case:
Aarushi Talwar was found dead in her bedroom on May 16, 2008. Initially, Hemraj was suspected but was later found murdered on the terrace of the same house.
The investigation saw multiple agencies, including the Noida police and the Central Bureau of Investigation (CBI), handle the case.
The Noida police initially suspected an honor killing by Aarushi's parents, alleging a possible relationship between Aarushi and Hemraj.
The case involved inconsistent evidence, speculative theories, and a divided public opinion.
Issues Raised:
Were Aarushi’s parents responsible for the double murders?
Did the investigative agencies handle the case properly?
Was there sufficient evidence to convict the Talwars?
Provisions:
Indian Penal Code (IPC):
Section 302: Murder.
Section 201: Causing the disappearance of evidence.
Section 34: Common intention.
Contentions of Counsels:
Prosecution:
Argued that the Talwars were the only individuals present in the house during the murders.
Highlighted inconsistencies in the Talwars' statements and circumstantial evidence pointing to their involvement.
Defense:
Emphasized the lack of direct evidence linking the Talwars to the crime.
Pointed out procedural lapses and alternative suspects ignored by the investigation.
Judgment:
Trial Court (2013): The Talwars were convicted of both murders and sentenced to life imprisonment.
Allahabad High Court (2017): Overturned the trial court’s verdict, acquitting the Talwars due to lack of evidence and significant doubts in the prosecution's case.
Case Analysis:
Investigation Lapses: The initial handling of the crime scene by the Noida police compromised crucial evidence.
Circumstantial Evidence: The case relied heavily on circumstantial evidence, which lacked conclusiveness.
Public and Media Influence: Sensational media coverage shaped public perception, often portraying the Talwars as guilty before the trial concluded.
Judicial Observations: The Allahabad High Court criticized the trial court for relying on conjectures and insufficient evidence to convict the Talwars.
Conclusion:
The Aarushi Talwar case remains one of India’s most controversial and unresolved criminal cases. It highlighted systemic issues in law enforcement, investigative procedures, and media ethics. While the Talwars were acquitted, the case left unanswered questions about the true perpetrators of the double murder.
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Nirbhaya Case
Name of the Case:
Mukesh & Anr. v. State for NCT of Delhi & Ors.
Parties to the Case:
Petitioner: Mukesh, Akshay Thakur, Pawan Gupta, Vinay Sharma, and other accused. Respondent: State for NCT of Delhi, representing the victim and the public interest.
Nature of the Case:
Criminal case involving gang rape, murder, and violation of human rights.
Background:
The Nirbhaya case refers to the brutal gang rape and murder of a 23-year-old physiotherapy intern in Delhi on December 16, 2012. The victim, later referred to as Nirbhaya (meaning "fearless"), was assaulted in a moving bus by six individuals. The crime shocked the nation, sparking widespread protests and leading to significant legal and societal reforms regarding crimes against women.
Facts of the Case:
On December 16, 2012, the victim and her male friend were lured into a private bus by six individuals, including a juvenile.
The accused brutally assaulted and gang-raped the victim. They also beat her male friend and threw both of them out of the moving bus.
The victim suffered severe internal injuries and succumbed to her injuries on December 29, 2012, in a hospital in Singapore.
The case led to the arrest of the accused, and they were charged with rape, murder, and other offenses.
Issues Raised:
Were the accused guilty of the charges beyond a reasonable doubt?
Should the death penalty be awarded in this case?
How does this case reflect the state of women’s safety in India?
Provisions:
Indian Penal Code (IPC):
Section 302: Murder.
Section 376: Rape.
Section 377: Unnatural offenses.
Section 34: Common intention.
Juvenile Justice (Care and Protection of Children) Act, 2000:
Addressing the role of the juvenile accused.
Criminal Law (Amendment) Act, 2013:
Enacted following this case to address gaps in laws related to crimes against women.
Contentions of Counsels:
Prosecution:
Presented strong evidence, including DNA samples, medical reports, and eyewitness accounts.
Emphasized the heinous and premeditated nature of the crime, calling for the harshest punishment.
Defense:
Claimed the accused were falsely implicated and raised doubts about evidence and testimonies.
Some argued for leniency due to their socio-economic background.
Judgment:
Trial Court (2013): All adult accused were convicted and sentenced to death.
Delhi High Court (2014): Upheld the death sentence.
Supreme Court (2017): Affirmed the death penalty, citing the "rarest of rare" doctrine.
The juvenile was sentenced to three years in a reform home, as per the Juvenile Justice Act.
On March 20, 2020, the four adult convicts were executed after exhausting all legal remedies, including curative petitions and mercy pleas.
Case Analysis:
Impact on Law and Society: The case led to nationwide protests and a re-examination of laws on sexual violence, resulting in the Criminal Law (Amendment) Act, 2013.
Judicial Process: The courts maintained consistency in their decisions, reflecting a commitment to justice in the "rarest of rare" cases.
Challenges: Questions were raised about delays in justice delivery and the juvenile’s lenient punishment under existing laws.
Conclusion:
The Nirbhaya case is a landmark in India’s legal and societal landscape. It highlighted the urgent need for reforms to ensure women’s safety and justice for victims of sexual violence. While the case saw justice delivered, it remains a grim reminder of the work still needed to combat gender-based violence.
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Unibomber
Name of the Case: United States v. Theodore John Kaczynski
Parties to the Case: Petitioner: United States of America Respondent: Theodore John Kaczynski
Nature of the Case: Criminal case involving domestic terrorism, use of explosives, and murder.
Background:
Theodore John Kaczynski, known as the "Unabomber," was a mathematician turned domestic terrorist. Between 1978 and 1995, he carried out a nationwide bombing campaign, targeting individuals he believed were advancing technology and destroying the environment. His actions resulted in three deaths and numerous injuries.
Kaczynski was apprehended in 1996 following a massive manhunt, aided by the publication of his manifesto, "Industrial Society and Its Future," which his brother recognized and reported to the authorities.
Facts of the Case:
From 1978 to 1995, Kaczynski mailed or hand-delivered 16 explosive devices to various targets, including universities, airlines, and individuals.
His bombs killed three people and injured 23 others.
In 1995, Kaczynski demanded that his manifesto be published, promising to halt his attacks if complied with.
His brother, David Kaczynski, recognized the language of the manifesto and alerted the FBI, leading to Kaczynski's arrest in a remote cabin in Montana.
Issues Raised:
Was Theodore Kaczynski competent to stand trial?
Could Kaczynski’s actions be justified or mitigated by claims of mental illness?
Should the court accept a plea bargain instead of pursuing the death penalty?
Provisions:
Federal Laws Violated:
18 U.S.C. § 844(i): Use of explosives to commit murder.
18 U.S.C. § 2332a: Use of weapons of mass destruction.
Other provisions related to transportation of explosives and mail bombs.
Legal Principles Considered:
Competency to stand trial under the Dusky v. United States standard.
Sentencing guidelines for domestic terrorism.
Contentions of Counsel:
Prosecution:
Argued for the gravity of Kaczynski’s crimes and the calculated nature of his actions.
Emphasized the need for a harsh sentence to deter domestic terrorism.
Defense:
Claimed Kaczynski was mentally ill, suffering from paranoid schizophrenia.
Advocated for a life sentence instead of the death penalty, citing his mental state.
Judgment:
Kaczynski accepted a plea bargain in 1998, pleading guilty to all charges to avoid the death penalty. He was sentenced to life imprisonment without the possibility of parole.
Case Analysis:
Competency: Kaczynski’s mental state was a key issue, but he was found competent to stand trial. His refusal to pursue an insanity defense highlighted his insistence on controlling his narrative.
Impact of the Manifesto: The publication of "Industrial Society and Its Future" played a crucial role in his capture and highlighted the philosophical underpinnings of his actions.
Sentencing: The life sentence reflected a balance between justice for the victims and acknowledgment of Kaczynski’s mental health issues.
Conclusion:
The Unabomber case underscored the challenges in dealing with ideologically driven domestic terrorism. While Kaczynski's manifesto raised broader societal issues, his violent methods overshadowed any legitimate discourse. The case remains a pivotal example of effective law enforcement and judicial handling of domestic terrorism.
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Law & Morality
Name of the case: State of Orissa vs Ram Bahadur Thapa
Parties to the case: Appellant: State of Orissa
Respondent: Ram Bahadur Thapa
Nature of case: Criminal
Citation: AIR 1960 Ori 161, 1960 CriLJ 1349
Bench: Justice M. Hidayatullah and Justice S.M. Sikri
FACTS OF THE CASE
State of Orissa vs. Ram Bahadur Thapa AIR 1960 Ori 161, 1960 Cri LJ 1349 is a case which can be said as a historic landmark case. In this case, it was discussed about where people used to believe in the existence of supernatural powers. In this case the incident happened like that, when the accused took the defense on the basis of the existence of supernatural things like ghosts. The bench of supreme court tried whether the defense was valid or invalid.
In Rasgovindpur village there is an abandoned aerodrome which was collected in a large quantity. The Garrison engineer of the defense department kept the aero scrap in charge of two chowkidars. From the firm of Chatterjee brothers, Jagat Bandhu Chatterjee came to the village to purchase the aero scarp with the Nepali servant named Ram Bahadur Thapa (respondent). There was a fear of ghosts in the village and the Adivasis would not ordinarily venture out at night. But Jagat Bandhu Chatterjee and Ram Bahadur Thapa were anxious to see the ghosts, so they convinced Krishna Chandra Patro and Chandra Majhi to accompany them to see the ghosts. Chandra Majhi guided them to his village. Hence at about midnight they went to see the ghosts and then began returning to the village through a foot-path across the aerodrome. While returning they noticed a flickering light at a distance and they also found some apparitions moving around the flickering light. The Ram Bahadur Thapa was first to reach the place and without thinking for a second he with his khurki began to attack the ghosts indiscriminately and when he hit Krishna Chandra Patro, he shouted that the respondent had attacked him and in the meantime the victims also raised a cry of distress so the respondent stopped attacking the people.The persons whom the respondent attacked and injured were some female majhis of the locality who came to collect mahua flowers under a mahua tree with hurricane lantern at that hour of night. By the indiscriminate attack one girl called Gelhi Majhiani was killed and other two females were grievously injured. For this indiscriminate act of attacking the people the respondent, Ram Bahadur Thapa was charged for murder under section 302 and for hurt and grievous hurt under section 324 and section 326 of IPC.
ISSUES RAISED ARE
Whether the decision by the subordinate court was valid?
Can the respondent be protected under Section 79 of the IPC?
DECISION
The court found the act covered under general exceptions of the criminal act stated under chapter IV of Indian penal code 1860. It was believed by the session judge that the circumstances and the situation of the event was as such which is completely under the shield of the mistake of fact. Section 79 of Indian penal code 1860 is a rescues provision which states that if the act is done under bona fide mistake of fact then there will be no punishment on that part. Here the mistake must be bona fide which means that must be in good faith. The benefit of section 79 IPC is only given to a person who acts in the mistake of fact in a good faith. The court here is satisfied regarding the situation under which Nepali servant Mr. Ram Bahadur Thapa i.e. the respondent acted, can’t be termed as carelessness or mala fide but as per the evidence and consideration of status it is clear that the act caused was under good faith.
RATIO DECIDENDI
The ratio decidendi in State of Orissa v. Ram Bahadur Thapa (1959) dealt with the concept of mens rea, or criminal intent, in determining liability for an offense. In this case, Ram Bahadur Thapa and others were charged under Section 302 of the Indian Penal Code after Thapa killed a person whom he believed to be a ghost. The case raised the question of whether Thapa could be held criminally responsible, given his genuine belief that he was not attacking a human being.
The Supreme Court held that for an individual to be convicted of a crime, criminal intent (mens rea) must be present. Since Thapa acted under a genuine, albeit mistaken, belief that he was attacking a supernatural entity rather than a person, he lacked the intent required to be found guilty of murder. This case thus established the importance of mens rea in criminal liability, highlighting that an honest mistake regarding the nature of one’s actions could negate criminal intent and, therefore, criminal liability. The decision underscored that to establish guilt, there must be proof that the accused acted with awareness of their actions and with the intent to cause harm to another person.
OBITER DICTA
In State of Orissa v. Ram Bahadur Thapar (1959), the obiter dicta revolved around the concepts of mens rea and intent in criminal law. While the primary issue was whether Ram Bahadur Thapa could be convicted of murder given his mistaken belief about the identity of his victim, the justices made important comments on the relationship between criminal intent and the nature of a crime. They underscored that criminal liability is contingent upon the presence of mens rea, meaning that a person should not be convicted of a crime unless they had the necessary intent to commit that crime. The justices noted that even if someone commits an unlawful act, they should not be held criminally liable if they were unaware of the nature of their actions or did not have the intent to harm.
The case also led to observations about the burden of proof in criminal cases, with the Court emphasizing that the prosecution must establish beyond a reasonable doubt that the accused had both the opportunity and the intent to commit the offense. If a defendant can demonstrate that their actions were based on a genuine mistake of fact, particularly when there is no malicious intent, this could serve as a defense against criminal liability.
Additionally, the justices reflected on the relationship between law and morality, acknowledging that the law must take into account human fallibility and the possibility of honest mistakes. They noted that while the law must maintain its role in preventing harm to others, it must also be fair in its application, ensuring that people are not unjustly punished for actions they did not intend or for which they had no criminal intent. This highlights the Court’s concern with ensuring that justice is tempered by fairness and reason, especially when dealing with complex issues of intent in criminal law.
REFLECTION
I chose the State of Orissa vs. Ram Bahadur case for its pivotal impact on criminal law principles. Its scrutiny of circumstantial evidence and emphasis on fair trials resonate with broader legal principles, reflecting my interest in foundational aspects of jurisprudence and justice.
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Name of the case: Indira Nehru Gandhi vs Shri Raj Narain & Anr
Parties to the case: Petitioner: Indira Nehru Gandhi
Respondent: Shri Raj Narain & Anr
Nature of case: Civil
Citation: 1975 AIR 865, 1975 SCR (3) 333
Bench: H.R. Khanna, K.K. Mathew, M.H. Beg, Y.V. Chandrachud
FACTS OF THE CASE
Indira Gandhi vs. Raj Narain was the landmark case that created history and led to the imposition of Emergency in India from 1975 to 1977. It is the case which questioned the powers of the judiciary, a showcase of how Parliament expected the judiciary to kneel down before them. Parliament tried to establish its supremacy in the course of this case but put in place by the judiciary. The hearing of the case in Supreme court took place during the emergency during which the fundamental rights were suspended and press censorship was enforced, due to which there were no public hearing or possible reporting of the case. The case had a big impact on Indian politics.
In 1971, when the 5th Lok Sabha elections were held, Indira Gandhi and her party emerged victorious, securing a total of 352 seats out of 518 seats in the said elections. She fought her election from the Rae Bareilly Constituency and against her contest was Raj Narain, leader of Ram Manohar Lohia's SSP. Disappointed with the defeat, he filed an appeal to nullify the election and accused Indira Gandhi of using corrupt practices in the election campaign to claim victory. On 24th April, 1971, he challenged the Prime Minister's election by filing a petition in the Allahabad High Court and accused Gandhi of violating the election code in the Representation of the People Act, 1951. Apart from that, he alleged that Indira Gandhi has used Government vehicles for her election campaigns, distributed liquor and blankets to the voters to influence them to vote for her, exceeding the campaign expenses. The Allahabad High court declared Indira Gandhi's election void on the grounds of corrupt practices on 12th June 1975.
ISSUES RAISED ARE
Whether Article 329A Clause (4) of the Constitution of India is Valid?
Whether Representation of People’s (Amendment) Act, 1974 And Election Laws (Amendment) Act, 1975 are Constitutionally Valid?
Whether Indira Gandhi’s Election is Valid or Void?
DECISION
The court provided its judgment on 7th November, 1975 and was the first case in which the landmark decision of Kesavananda Bharati case was applied. The apex court upheld the contention of the respondent and declared clause (4) of Article 329-A as unconstitutional. Mathew J said that Article 329-A(4) destroyed the basic structure of the constitution. He was of the view that a healthy democracy' can only function when there is possibility of free and fair elections and the impugned amendment destroyed that possibility. Chandrachud J. found that the amendment was violative of the principle of separation of powers' as it wilfully transferred a function into the hands of the legislative which was purely judicial. He was also of the view that the amendment is violative of Article 14 as it creates unequal positions of specific members of the Parliament against others.
Ray C.J held that one more basic feature was violated by the said amendment i.e the rule of law and Justice Khanna was of the opinion of violation of norms of free and fair elections. The bench also held that the amendment was violative of the principles of natural justice i.e Audi Alteram Partem Which means listening to the other side' as it was denying the right to fair hearing of those who were challenging the election of the members mentioned in the Amendment. Hence it was on varied reasons that the 39th Amendment act, 1975 was struck down as it was unconstitutional and violative of the basic structure of the Constitution.
RATIO DECIDENDI
The ratio decidendi in Raj Narain v. Indira Gandhi (1975) is centered on the Court's assertion that judicial review and the rule of law are integral components of the Constitution’s basic structure, which cannot be undermined by legislative amendments. In this case, the Supreme Court held that the 39th Amendment, which sought to immunize the Prime Minister’s election from judicial scrutiny, was unconstitutional. This amendment violated the essential democratic principles of equality and accountability by placing certain electoral disputes beyond the reach of the judiciary.
The Court ruled that Parliament cannot use its amending power to alter or destroy the basic structure of the Constitution. This includes the principle that no one, not even the Prime Minister, is above the law, and that the judiciary must have the authority to review acts of the legislature and executive to maintain constitutional governance. By striking down the amendment, the Court underscored that the principles of democracy, accountability, and judicial review are essential to the Constitution and must be preserved.
OBITER DICTA
In the Raj Narain v. Indira Gandhi case, the Supreme Court’s obiter dicta included several reflections on the nature of democracy and the limits of political power. While the main decision focused on the validity of the 39th Amendment and its impact on the election process, the justices also commented on the importance of judicial review in maintaining the integrity of the democratic system. The judges emphasized that no individual or institution—even the Prime Minister—was above the law, and that the judiciary must be able to scrutinize and review any actions that could undermine the principles of free and fair elections. This comment underscored the Court’s role in safeguarding democracy against any form of authoritarianism, whether from the executive or the legislature.
The Court also remarked on Parliamentary supremacy and its limits. While Parliament has broad powers, the justices emphasized that those powers are not without bounds, particularly when they threaten the fundamental rights of citizens or the core principles of democracy. The justices observed that while the Constitution allows for the amendment process, amendments cannot be made in such a way that would distort the fundamental structure of the Constitution itself. This reflects the Court’s underlying concern about the vulnerability of democratic systems to manipulation or overreach by powerful political figures.
Furthermore, the justices observed that the right to contest elections is a crucial aspect of democratic participation, and no law or amendment should interfere with the fairness of electoral processes. They emphasized the importance of ensuring that the election process is transparent and accountable, free from misuse of power, to preserve the people's trust in democratic institutions.
REFLECTION
I chose to discuss the Raj Narain v. Indira Gandhi case due to its historical significance in Indian politics and jurisprudence. It highlights the judiciary's role in upholding democratic principles, ensuring accountability of public officials, and reinforcing the rule of law, setting a precedent for governmental accountability and integrity.
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Socioeconomic rights
Name of the case: Kesavananda Bharati v. Union of India
Parties to the case: Petitioner: Kesavananda Bharati Sripadagalvaru and Ors
Respondent: State of Kerala and Anr
Nature of case: Constitutional
Citation: AIR 1973 SC 1461
Bench: Chief Justice S. M. Sikri, Justice J.M.Shelat, Justice K.S. Hegde, Justice A.N.Grover, Justices A.N. Ray, Justice P. Jaganmohan Reddy, Justice D.G. Palekar, Justice H.R. Khanna, Justice K.K. Mathew, Justice M.H. Beg, Justice S.N. Dwivedi, Justice A.K. Mukherjee and Justice Y.V. Chandrachud.
FACTS OF THE CASE
The Kesavananda Bharati popularly known as Fundamental Rights Case is one of the most important landmark judgments passed by the Supreme Court of India. The case has been considered as an epic in the judicial history of India. It held that the Parliament might amend any provision of the Indian Constitution to fulfill the socioeconomic guarantees made to the people in the Preamble, so long as the amendment did not fundamentally alter the Constitution. The Basic Structure Doctrine emerged from this judgment.
Kesavananda Bharati was the chief of Edneer Mutt which is a religious sect in Kasaragod district of Kerala. Kesavananda Bharati had certain pieces of land in the sect which were owned by him in his name.The state government of Kerala had introduced the Kerala Land Reform Act, 1969 and according to the act, the government was entitled to acquire some of the sect’s land of which Kesavananda Bharati was the chief. In March 1970, Kesavananda Bharati challenged this Act by filing a writ petition in the Supreme Court under Article 32, Article 25, Article 26, Article 14, Article 19(1)(f) and Article 31. The petitioner pleaded for the protection of his property under Article 19(1)(f) of the Indian Constitution. It was argued by him that the 24th and 25th Constitutional Amendments violated the Fundamental Right which was provided under Article 19(1)(f) of the Indian Constitution.
ISSUES RAISED ARE
Constitutional validity of Kerala Reforms Act
Can the Parliament amend Fundamental Rights?
And if so till what extent?
DECISION
The Kesavananda Bharati case was heard by a bench of 13 judges of the Supreme Court of India, making it one of the largest benches in Indian legal history. The landmark judgment was delivered on 24th April 1973 by a razor-thin majority of 7:6 wherein the majority held that any provision of the Indian Constitution can be amended by the Parliament in order to fulfill its socio-economic obligations that were guaranteed to the citizens as given in the Preamble, provided that such amendment did not change the Constitution’s basic structure.
The minority, however, in their dissenting opinion, were wary of giving the Parliament unlimited amending power. The court held that the 24th Constitutional Amendment was entirely valid. But it found the first part of the 25th Constitutional Amendment to be intra vires and the second part of the same ultra vires. The Basic Structure Doctrine states that the Parliament has limitless power to amend the Constitution subject to the condition that such amendments should not change the Constitution’s basic structure.
RATIO DECIDENDI
The ratio decidendi in Kesavananda Bharati v. State of Kerala (1973) established the principle that Parliament’s power to amend the Constitution under Article 368 is extensive but not unlimited. The Supreme Court held that while Parliament can amend most parts of the Constitution, it cannot alter its basic structure or essential framework. This means that amendments cannot undermine fundamental constitutional principles such as the rule of law, judicial review, democracy, secularism, and the sovereignty of the nation.
In this landmark judgment, the Court introduced the "basic structure doctrine," emphasizing that certain elements of the Constitution are so integral to its identity and purpose that they cannot be removed or altered by any amendment. This ruling created a balance between the need for the Constitution to adapt over time and the preservation of its core principles. The Kesavananda Bharati case thus solidified the judiciary’s role in upholding the Constitution’s basic structure against any amendment that might threaten the democratic foundations or essential features of the Indian constitutional order.
OBITER DICTA
The Kesavananda Bharati case is rich in obiter dicta that reflect the justices' broader constitutional philosophies and their concerns about the future of Indian democracy. One recurring theme in these remarks is the nature of the Constitution as a living document. Some justices emphasized that while the Constitution should adapt to the evolving needs of Indian society, this flexibility must not come at the cost of core principles. They expressed that the Constitution is meant to be both enduring and adaptable, and that amendments should reinforce rather than dismantle its foundational ideals.
Another central reflection was on the scope and limits of Parliament’s amending power. The justices articulated concerns that, if Parliament’s power were unchecked, it could risk becoming authoritarian, potentially jeopardizing the democratic character of the nation. In their view, Parliament’s amending power is substantial but not absolute, and is meant to operate within a constitutional framework that respects the nation’s democratic and republican foundations. Some judges spoke to the potential dangers of unrestrained parliamentary power, suggesting that it could be misused to erode individual liberties or weaken democratic institutions.
In their obiter, the justices also explored the balance between Fundamental Rights and Directive Principles of State Policy. While Fundamental Rights are enforceable, Directive Principles serve as guiding principles for achieving social and economic justice. Several judges expressed that neither should dominate the other; instead, they should work together to create a balanced constitutional vision that respects both individual freedoms and collective welfare. This reflection underscored the Court’s belief that the Constitution aims to foster a just and equitable society, with Fundamental Rights ensuring personal freedoms and Directive Principles steering state policy towards social justice.
These observations in the Kesavananda Bharati judgment offered a glimpse into the justices’ perspectives on preserving democracy, protecting individual rights, and ensuring that any constitutional evolution remains anchored to the basic structure, which they saw as the enduring spirit of the Indian Constitution.
REFLECTION
The Basic Structure Doctrine case has had a profound impact on Indian constitutional law. It reflects the judiciary's crucial role in safeguarding the core principles of the Constitution, ensuring the balance of power, and upholding fundamental rights against arbitrary amendments. Therefore, I decided to learn more about it and write about it.
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Personal Liberty
Name of the case: Maneka Gandhi v. Union of India
Parties to the case:
PETITIONER: MANEKA GANDHI
RESPONDENT: UNION OF INDIA
Nature of the case: Constitutional
Facts of the case and issues involved
Decision of the case
Citation of the case: 1978 AIR 597, 1978 SCR (2) 621, 1978 SCC (1) 248
BACKGROUND: .[1]
The landmark ruling in Maneka Gandhi versus Union of India, which stands as a bulwark of the Right of Personal Liberty granted by Article 21 of the Constitution, started when the passport of the petitioner in this case, was impounded by the authorities under the provisions of the Passport Act. This arbitrary act of impounding the passport eventually led to the pronouncement of a unanimous decision by a seven-judge bench of the apex court comprising M.H. Beg (CJI), Y.V. Chandrachud, V.R. Krishna Iyer, P.N. Bhagwati, N.L. Untwalia, S. Murtaza Fazal Ali and P.S Kailasam.
FACTS OF THE CASE:
The petitioner Maneka Gandhi's passport was issued on 1st June 1976 as per the Passport Act of 1967 [2] On 2nd July 1977, the Regional Passport Office (New Delhi) ordered her to surrender her passport. The petitioner was also not given any reason for this arbitrary and unilateral decision of the External Affairs Ministry, citing public interest.
The petitioner approached the Supreme Court by invoking its writ jurisdiction and contending that the State's act of impounding her passport was a direct assault on her Right to Personal Liberty as guaranteed by Article 21. It is pertinent to mention that the Supreme Court in Satwant Singh Sawhney v. Ramarathnam [3] held that the right to travel abroad is well within the ambit of Article 21, although the extent to which the Passport Act diluted this particular right was unclear.
The authorities, however, answered that the reasons are not to be specified in the "interest of the general public". In response, the petitioner filed a writ petition under Art 32 for violation of fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution alleging that Section 10(3)(c) of the Act was ultra vires the constitution.
ISSUES RAISED ARE: .
The issues raised in this case were:
Are the provisions or acts of Articles 21,14, and 19 related? Are they mutually exclusive?
Does article 21 contain the right to travel or not?
Is the decision of the legislative law that snatches away the right to life reasonable?
Should the procedure laid down by the Passport Act of 1967 be checked for reasonability? [4]
PROVISIONS:
• Article 14, of the Indian Constitution
• Article 19, of the Indian Constitution
• Article 21, of the Indian Constitution
CONTENTIONS OF COUNSELS OF BOTH THE PARTIES:
ARGUMENTS BY PETITIONERS: [5]
Fundamental rights are given by birth to the citizen of a country and it is absolute in nature. It is given so that the state does not exploit the citizens. They are widely ranged and comprehensive.
Right to travel is provided under the right to personal liberty . The passport act, 1967 also does refer to confiscating or revoking a passport of its holder. Hence it’s unreasonable and unlawful.
To give spirit to the Indian constitution fundamental rights should be read with each other and as per this case the articles 14,19 and 21 have a mutual connection.
Any procedure of law should be recognised against arbitrariness
The passport act,1967 is violative of Indian constitution and hence it is ultra vires. Sec 10(3)(c) restrains a person from exercising article 19 i.e Right to life and personal liberty.
An essential element of natural justice is “Audi alteram partem” which means a chance to be heard which was not provided to the petitioner.
ARGUMENTS BY RESPONDENTS: [6]
The Attorney General of India argued that the ‘Right to Travel Abroad’ was never covered under any clauses of article 19(1) and hence, Article 19 is independent of proving the reasonableness of the actions taken by the Central Government.
The Passport Law was not made to blow away the Fundamental Rights in any manner. Also, the Government should not be compelled to state its grounds for seizing or impounding someone’s passport for the public good and national safety. Therefore, the law should not be struck down even if it overflowed Article 19.
Further, the petitioner was required to appear before a committee for an inquiry and hence, her passport was impounded.
Reiterating the principle laid down in A.K Gopalan, the respondent contended that the word law under Article 21 cannot be comprehended in the light fundamental rules of natural justice.
Further, the principles of natural justice are vague and ambiguous. Therefore, the constitution should not refer to such vague and ambiguous provisions as a part of it.
JUDGMENT:
Freedom of speech and expression has no geographical limitations and it carries the right of a citizen to gather information and to exchange thoughts with others not only in India but abroad also. The Supreme Court’s judgment in the Maneka Gandhi case meant that "procedure established by law under Article 21 would have the same effect as the expression ‘due process of law’.
In the Satwant Singh Sawhney case, the Court held that the ‘right of travel and to go outside the country is included in the right to personal liberty.’ The Court held that there is a unique relationship between the provisions of Article 14, Article 19, and Article 21. Therefore, a law depriving a person of ‘personal liberty has not only to stand the test of Article 21, but it must also stand the test of Article 19 and Article 14 of the Constitution. Courts held that personal liberty under Article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal liberty of man [7]
RATIONALE BEHIND THE JUDGMENT:
The decision stated that every law has to be just, fair and reasonable; otherwise, it will be considered unconstitutional. The Court widened the scope of the right to life and personal liberty under Article 21 of the Constitution.[8] The judges made a leap forward while deciphering and finding the association between article 19 and 21 by commenting that on the off chance that a man's basic rights directly under art 21 is encroached the State can depend upon a law to maintain the activity; yet that cannot be an entire answer except if the said law fulfills the test set down in art 19(2) so far as the traits secured by Article 19(1) are concerned.
As it were, the State must fulfill that both the essential rights are not encroached by demonstrating that there is a law and that it amounts to a sensible limitation inside the significance of Article 19(2) of the Constitution. In any case, in this appeal to no such barrier is accessible, as a matter of fact there is no such law. [9]
CASE ANALYSIS:
The interlinking between the rules of Articles 19, 14, and 21 was the judgment's most significant aspect. The supreme court united and united these provisions into a single entity through this connection. Any technique must now satisfy each of the conditions outlined in these three articles in order to be considered valid. This decision retained the fundamental and constitutional right to life while also dramatically broadening the definition of human liberty. Apart from safeguarding individuals against the Executive's unchecked acts, this decision also safeguarded the integrity of parliamentary law by refusing to invalidate Sections 10(3)(c) and 10(5) of the 1967 Act. The decision opened the door for the Apex Court to include other significant rights in the scope of Article 21, the right to a standard education, the right to a speedy and fair trial, the right to a livelihood, the right to legal aid, the right to health care, etc.
CONCLUSION:
The case of Maneka Gandhi gave the word 'personal liberty' the broadest conceivable implication. The Supreme Court broadened the application of Article 21. It marked the start of an innovative era of judiciary intervention. The court also overturned the interpretation given in A.K. Gopalan's case determined that 'procedure established by law' under Article 21 must be 'just and reasonable and fair' and not 'arbitrary, fanciful, or oppressive,' making it comparable in spirit to America's 'due process of law.' The judgment established India as a real welfare state, as stated in the Constitution's preamble.’
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Legality of Abortion
Name of the case: Roe V Wade
Parties to the case:
PETITIONER: Sarah Weddington and Linda Coffee ‘Jane Roe’
RESPONDENT: Norma McCorvey and Henry Wade
Nature of the case: International
Facts of the case and issues involved
Decision of the case
Citation of the case: 410 U.S. 113 (1973)
BACKGROUND:
In 1973, the U.S. Supreme Court’s ruling in Roe v. Wade recognized that the decision whether to continue or end a pregnancy belongs to the individual, not the government. Roe held that the specific guarantee of “liberty” in the Fourteenth Amendment of the U.S. Constitution, which protects individual privacy, includes the right to abortion prior to fetal viability. Since Roe, the Supreme Court has repeatedly reaffirmed that the Constitution protects for abortion as an essential liberty, which is tied to other liberty rights to make personal decisions about family, relationships, and bodily autonomy. The U.S. Supreme Court abandoned its responsibility to uphold fundamental rights and reversed Roe v. Wade in June 2022, declaring that there is no constitutional right to an abortion. This decision will have an enormous impact for future generations. In Dobbs v. Jackson Women's Health Organisation, the Supreme Court removed a basic right for the first time ever, overturning over 50 years of precedent. The Court's ruling is expected to prompt the immediate action of half of the states in the United States to outright outlaw abortion, requiring people to travel great distances to acquire their basic human rights. [10]
FACTS OF THE CASE:
The law in Texas permitted abortion only in cases where the procedure was necessary to save the life of the mother. When Dallas resident Norma McCorvey found out that she was pregnant with her third child, she tried to falsely claim that she had been raped and then to obtain an illegal abortion. Both of these efforts failed, and she sought the assistance of Linda Coffee and Sarah Weddington, who filed a claim using the alias Jane Roe for McCorvey. (The other named party, Henry Wade, was the District Attorney for Dallas County.)
McCorvey gave birth to her child before the case was decided, but the district court ruled in her favor based on a concurrence in the 1965 Supreme Court decision of Griswold v. Connecticut, written by Justice Arthur Goldberg. This concurrence had found that there was a right to privacy based on the Ninth Amendment of the Constitution. However, the district court refrained from issuing an injunction to prevent the state from enforcing the law, leaving the matter unresolved. [11]
ISSUES RAISED ARE: .
The issues raised in this case were:
Is abortion care completely illegal?
Will abortion become illegal everywhere in the U.S.?
How old does a patient and the foetus have to be to get a legal abortion?
What does abortion mean for emergency contraceptio n?
PROVISIONS:
• 410 U.S. 113
• 93 S. Ct. 705;
• 35 L. Ed. 2d 147;
• 1973 U.S. LEXIS 159
CONTENTIONS OF COUNSELS OF BOTH THE PARTIES:
ARGUMENTS BY PETITIONERS: [12]
The Texas law invaded an individual's right to "liberty" under the 14th Amendment
The Texas law infringed on rights to marital, familial, and sexual privacy guaranteed by the Bill of Rights
The right to an abortion is absolute - a person is entitled to end a pregnancy at any time, for any reason, in any way they choose
ARGUMENTS BY RESPONDENTS:
States have an interest in safeguarding health, maintaining medical standards, and protecting prenatal life
A fetus is a "person" protected by the 14th Amendment
Protecting prenatal life from the time of conception is a compelling state interest
JUDGEMENT:
On January 22, 1973, the Supreme Court issued a 7–2 decision in favor of "Jane Roe" (Norma McCorvey) holding that women in the United States had a fundamental right to choose whether to have abortions without excessive government restriction and striking down Texas's abortion ban as unconstitutional. The decision was issued together with a decision in Roe's companion case, Doe v. Bolton, which involved a similar challenge to Georgia's abortion laws [13]
Larry Hammond, a law clerk for Powell, gave a Time reporter a copy of the decision "on background", expecting that it would be issued by the court before the next issue of Time was published; however, due to a delay in the decision's release, the text of the decision appeared on newsstands a few hours before it was published by the court. Burger demanded a meeting with Time's editors and punishment for the leaker.[14] Powell refused Hammond's resignation, on the grounds that "Hammond had been double-crossed" by the reporter.[15]
But in 2022, U.S. Supreme Court officially reversed Roe v. Wade on Friday, declaring that the constitutional right to abortion, upheld for nearly a half century, no longer exists.[16]
RATIONALE BEHIND THE JUDGEMENT:
After reciting the facts of the case, the Court's opinion first addressed procedure and justiciability. This included mootness, a legal doctrine that prevents American federal courts from hearing cases that have ceased to be "live" controversies because of intervening events. Under a normal application of the doctrine, McCorvey's appeal would have been considered moot because she had already given birth to her child and therefore no longer had a pregnancy to abort.[17]
The Court concluded that an established exception to the mootness doctrine allows consideration of cases that are "capable of repetition, yet evading review".[18] Blackmun noted that McCorvey might get pregnant again, and pregnancy would normally conclude more qui ckly than an appellate process: "If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied."[19]
CONCLUSION:Since the Court's decision in Roe v. Wade, judicial interpretation of the constitution is that abortion is legal. However, after Roe, many abortion opponents have advocated for stricter abortion laws. The opponents haven't been able to ban abortions outright, but have placed limitations on abortions. [20] But due to the new development in the case, The reversal of Roe v Wade has ended the federal right to an abortion and given states the authority to set their own abortion policies, meaning that these laws now vary widely; women in some states will have access to abortion care and those in others will not. [21]
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Custodial deaths
Name of the case: Shri D.K. Basu,Ashok K. Johri v State Of West Bengal,State Of U.P
Parties to the case:
PETITIONER: Shri D.K. Basu, Ashok K. Johri
RESPONDENT: State of West Bengal, State Of U.P.
Nature of the case: PIL (Criminal)
Facts of the case and issues involved
Decision of the case
Citation of the case: AIR 1997SC 610
BACKGROUND:
Custodial deaths have been alarming in our society. They have created a very bad image on the police stations and their method of enquiry. In recent times, two vendors, Jayaraj and Benniks in the district of Tirunelveli, Tamil Nadu were the victims of custodial violence. The father and the son died due to the violent treatment of the police officers against them, and after a widespread protest, the police officers were held accountable and have been included as accused in the case of double murder. This case, is one of the landmark judgments which changed the perspective of people regarding the custodial treatment and torture. [22]
FACTS OF THE CASE:
DK Basu, Executive Chairman of Legal Aid Services, West Bengal, a non-political organization on 26/08/1986 addressed a letter to the Supreme Court of India calling his attention to certain news published in the Telegraph Newspaper about deaths in police custody and custody. He requested that the letter be treated as a Writ Petition within the “Public Interest Litigation”.
Considering the importance of the issues raised in the letter, it was treated as a written Petition and the Defendants were notified.
While the writ petition was being considered, Mr. Ashok Kumar Johri addressed a letter to the Chief Justice of the Supreme Court calling his attention to the death of a Mahesh Bihari from Pilkhana, Aligarh in police custody. The same letter was also treated as a Request for Writing and was included along with D.K.Basu’s Request for Writing. On 14/08/1987 the Court issued the Order issuing notices to all state governments and a notice was also issued to the Law Commission requesting appropriate suggestions within a two month period.
In response to the notification, several states submitted affidavits, including West Bengal, Orissa, Assam, Himachal Pradesh, Haryana, Tamil Nadu, Meghalaya, Maharashtra, and Manipur.
Additionally, Dr. A.M.Singh vi, Principal Counsel was appointed Amicus Curiae to assist the Court. All of the attorneys who appeared provided useful assistance to the Court. [23]
ISSUES RAISED ARE: .
The issues raised in this case were:
Why are crimes against persons in lockups or custody increasing day by day ?
The arbitrariness of Policemen in arresting a person.
Is there any need to specify some guidelines to make an arrest? [24]
PROVISIONS:
• Section 41, 46, 49, 50, 53, 54, 56, 57, 167, 174and 176 of Criminal Procedure Code, 1973.
• Article 20(3), 21, 22, 226 and 32 of the Constitution of India.
• Section 147, 149, 201, 218, 220, 302, 304, 330, 331, 34 and 342 of Indian Penal Code (IPC), 1860.
CONTENTIONS OF COUNSELS OF BOTH THE PARTIES:
ARGUMENTS BY PETITIONERS: [25]
The accused persons face physical torture and mental agony from these acts of police officers. The mental agony cannot be quantified or understood by our country’s laws. The trauma suffered by the persons in the police station should be avoided and regulations should be placed for such dignified treatment.
The petitioner emphasized his argument on the need for civilized society, thus making such evil practices vanish from our society.
ARGUMENTS BY RESPONDENTS:
The Counsel representing different states along with Dr. AM Singhvi presented the case and stated that “everything was fine” within their respective States, presented their respective beliefs and provided useful assistance to this Court to examine various facets of the problem and made sure that suggestions for the formulation of guidelines by this court, to reduce, if not prevent, violence in custody to include death due to torture.
In order to defend this important fall of the administrative wing, the State of West Bengal made an attempt to convey that there are no deaths in the confinements and even if there were any, then an investigation should be carried out on whoever did it. [26]
JUDGEMENT:
• Ratio Decidendi:
When the right is guaranteed by the State, it is against the State that the remedy must be sought if the constitutional obligation imposed has not been fulfilled.
Article 21 guarantees the right to life and personal liberty and has been held to include the right to live with human dignity. It thus also includes a guarantee against torture and assault by the State or its functionaries.
Protection against arrest and detention is guaranteed by Article 22. It provides that no individuals arrested shall be detained in custody without being informed of the grounds of arrest and that arrested individual shall not be denied the right to consult and defend themselves by a legal practitioner of their choice.
Article 20 (3) provides that a person accused of an offence shall not be compelled to be a witness against himself or herself.[27]
• Obiter Dicta:
The Court was of the opinion that custodial violence, including torture and death in lock-up, strikes at the rule of law. Custodial violence, including torture and death in prisons, was considered by the court to be one of the worst crimes in a civilized society governed by the rule of law.
The Court observed that despite the constitutional and statutory provisions aimed at safeguarding the personal liberty and life of a citizen, the growing incidence of torture and deaths in police custody has been a disturbing factor.
Reference was made to the case of Nilabati Behera v. State of Orissa (1993)[2] in which the Supreme Court had held that prisoners and detainees are not deprived of their Fundamental Rights under Article 21 and only the restriction permitted by law could be imposed on the enjoyment of the Fundamental Rights of prisoners and detained. [28]
RATIONALE BEHIND THE JUDGMENT:
Supreme Court issued various guidelines to protect the interests of the persons under custody and protect their rights granted by the Indian constitution.
Citing Nilabati Behera versus Province of Orrisa (1993), the court expressed that any type of torture, be it merciless, barbaric, or even corrupting medicines fall under the ambit of Article 21, regardless of whether it happens during the examination, cross-examination, or in any other circumstances.
The privileges ensured by Article 21 can’t be denied to the under-trials, convicts, and other detainees in guardianship, apart from the sensible limitations put on certain rights as per the law.
CASE ANALYSIS:
Most of the time, the cases of brutality by the police happens during custody to find the truth and the evidence by torturing the accused so that the accused speaks up and thus, forcing the accused to give self-incriminating evidence which is against Article 20(3) that protects the accused from being compelled to give evidence against himself. In a recent case of Tamil Nadu, a policeman belonging to the Sathankulam police station tortured and subsequently, caused the death of the two accused, P Jeyaraj and his son J Bennicks, in police custody. To establish that the protection of the right to life guaranteed by the Indian constitution is protected and the fundamental rights of an individual are preserved during police custody, this case has significant importance. In another recent case, a person named Altaf was found dead in judicial custody. The family of the victim claims that Altaf was found dead in the washroom with a string tied around his neck and was hung from a water- pipe [29] held by the police under custody. For this, the court ordered the installation of CCTV in police custody. Obviously, CCTV’s installation violates the right to privacy of the police personnel in the police station but this installation ensures better accountability, protection, and safety of a person under custody. To make sure that everyone’s fundamental right is protected, this case is the perfect example that formed the guidelines.
CONCLUSION:
The case thus gave a landmark judgment where guidelines regarding the arrest of a person were prescribed, otherwise more offenses were committed in the name of doing justice. It prevents any infringement with the rights of an individual during detention. Although now, the proper procedure has been established by law and anyone who does contempt of court is liable to be punished. The administration of the criminal system existing in a country like India needed an effective mechanism. This case evolved as a landmark case as the guidelines issued by the bench aimed to protect the people in custody. It is an obligation of the state to protect the citizens, either they are accused of an offense or a normal innocent person.
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K. M. Nanavati v. State of Maharashtra
Name of the case: K. M. Nanavati v. State of Maharashtra
Parties to the case:
PETITIONER: K. M. Nanavati
RESPONDENT: State of Maharashtra
Nature of the case: Criminal
Facts of the case and issues involved
Decision of the case
Citation of the case: 1962 AIR 605, 1962 SCR Supl. (1) 567
BACKGROUND:
M. Nanavati vs. State of Maharashtra was a 1959 Indian court case where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the murder of Prem Ahuja, his wife's lover. The incident received unprecedented media coverage and inspired several books and movies. Nanavati was initially declared not guilty by a jury, but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial. The case was the last to be heard as a jury trial in India, as the government abolished jury trials as a result of the case [30]
FACTS OF THE CASE:
Appellant, Kawas Manekshaw Nanavati, a commander in the Indian Navy was charged for murder of deceased Prem Ahuja under Section 302 and 304, Part 1 of IPC.
K. M. Nanavati was second in command of the Indian naval ship “Mysore”. He was married to a woman named Sylvia and they had three children. Due to the nature of his service, Nanavati and his family had lived in many different places before shifting to Bombay. It was in Bombay that they were first introduced to the deceased Prem Ahuja through mutual friends.
While he was out of Bombay for his duty, Sylvia had developed an illicit relationship with Prem Ahuja. Nanavati after returning from his long voyage noticed unusual behavior in Sylvia’s conduct. He then confronted his wife and she confessed her relationship with Ahuja. Nanavati lost his temper hearing the confession of Sylvia.
That evening, Nanavati dropped Sylvia and their three children at a cinema hall and went to confront Ahuja. He went to his ship took from the store a semi- automatic revolver and six cartridges on a false pretext and drove himself to Prem Ahuja’s office.
On not finding him at his workplace, he then drove to his residence. On reaching Ahuja’s flat, he confirmed his presence from a servant. After receiving the confirmation, he went to Ahuja’s bedroom while carrying the revolver. Nanavati closed the bedroom door behind him and asked Ahuja about his intentions concerning his wife and children.
When he didn’t receive the honorable and desired answer, he shot Ahuja dead after a heated exchange of words. Nanavati headed straight to confess to the Provost Marshal of the Western Naval Command and later turned himself over to the Deputy Commissioner of Police.
Nanavati was declared not guilty by a jury verdict of 8:1in the Session Court. However, the Sessions Judge disagreed with this decision of the jury and the matter was referred to the honourable High Court under Section 307 of The Code of Criminal Procedure. The Division Bench who held the appellant guilty under Section 302 of IPC. Finally an appeal was finally decided by the Supreme Court. The appellate court held that there were missdirections in the Session Court.[31]
ISSUES RAISED ARE: .
The issues raised in this case were:
Whether the High Court lacked jurisdiction under Section 307 of the CrPC to examine the facts in order to determine the competency of the Sessions Judge’s referral.
Whether the High Court had the power to strike aside a jury’s decision on the grounds of misdirection in charge under Section 307(3) of the CrPC.
Whether there were any misdirections in the charge.
Whether the jury’s decision was such that it might have been reached by a group of reasonable men based on the facts presented to them.
Whether the act was done in “the heat of the moment” or whether it was a premeditated murder?
Whether the pardoning power of the Governor and the Special Leave Petition can be clubbed together?.[32]
PROVISIONS:
• Code of Criminal Procedure(Act, 5 of 1898) , 88. 307, 410, 417, 418 (1), 423(2), 297,155 (1),
• 162-Indian Penal Code, 1860 (Act 45 of 1860), 88. 302, 300,
• Exception I-Indian Evidence Act, 1872 (1 of 1872), 8. 105. .[33]
CONTENTIONS OF COUNSELS OF BOTH THE PARTIES:
ARGUMENTS BY PETITIONERS: [34]
In the Bombay High Court, the defence put forth their version of the incident, for which there were no witnesses other than the two men, and no evidence.
Hearing Sylvia's confession, an enraged Nanavati wanted to shoot himself, but was calmed down by Sylvia, who told him that he was not to be blamed and there was no reason that he should shoot himself.
When Nanavati met Prem at the latter's bedroom, Prem had just come out of the bath dressed only in a white towel; an angry Nanavati swore at Prem and proceeded to ask him if he intended to marry Sylvia and look after his children. Prem replied, "Will I marry every woman I sleep with?", which further enraged Nanavati. Seeing Nanavati go for the gun, enclosed in a brown packet, Prem too went for it and in the ensuing scuffle, Prem's hand caused the gun to go off and instantly kill him.
ARGUMENTS BY RESPONDENTS: [35]
The first contention that was raised, that Ahuja had just come out of the shower wearing a towel. When his dead body was found the towel was still intact and hadn’t loosened or fallen of which in highly unlikely in case of scuffle.
Secondly, action to Sylvia’s confession, a calm and composed Nanavati took her and the children to the cinema hall, drop them off there and promise to pick them up later in the evening. Then he proceeded to take a revolver on a false pretext from his ship, proves that he had enough time to cool down and that the offence was committed not under sudden and grave provocation, but it was a premeditate murder.
Moreover, Anjani, the servant of Ahuja, who was present at the time of the incident was a natural witness and had testified that there was four consecutive shots and the whole incident occurred in less than a minute. This testimony rules out the probability of scuffle between the two.
Additionally, Nanavati left Ahuja’s flat without explaining that it was an accident to his sister Mamie, who was present in the flat at the time of the incident.
Lastly, the Deputy Police Commissioner testified that Nanavati admitted that he had shot Ahuja and also corrected his name’s misspelling in the police record, proving Nanavati’s capacity to think normally.
JUDGEMENT:
After looking at all the facts and the evidence which was put forth by both the parties, the Hon'ble Supreme Court of India held that the murder was premediated and that the defence of sudden or grave provocation could not be taken. The apex court observed that Nanavati dropped his wife and children to the cinema and then went to take his revolver, he then went to Ahuja's office and then to his home. This showed that Nanavati had sufficient time to calm down and to plan Ahuja's murder. Hence the murder was intentional and not in the 'heat of the moment'.
The apex court also held that the Governor's power to pardon and special leave petition could not exercise simultaneously and both of them could not be moved together. If a special leave petitioner was filed before the Supreme Court then the pardoning powers of the Governor were terminated. The Supreme Court concluded that the governor "overreached" the powers conferred on him.
The Supreme Court agreed with the observations of the Bombay High Court and concluded that there was misdirection on the part of the jury. The apex court also said that the Bombay High Court should evaluate the evidence and even refer to the opinions of the judges and the jury and then pass the judgment of either acquittal or conviction after the reference made by the Session's Judge under Section 307 of Code of Criminal Procedure, 1898.
So, the decision of the High Court was upheld by the Supreme Court of India and the appeal was dismissed. Exception 1 of Section 300 of the Indian Penal Code was held not applicable in this case and Nanavati was held liable for murder under Section 302 of the Indian Penal Code. .[37]
RATIONALE BEHIND THE JUDGMENT:
As the case first went to session court and where the jury trial was going on this case. In jury trial Nanavati was held not guilty with the verdict of 8:1 under section 304 of Indian Penal Code,1860. But the Session Judge was not satisfied with the decision of jury trial and considered that decision as perverse and unreasonable and referred this case to the Division Bench of Bombay High Court under Section 307 of the Code of Criminal procedure. [38]
CASE ANALYSIS:
The case of K.M. Nanavati v. State of Maharashtra is one of the most important and controversial cases dealt with by the Indian Judiciary. Starting from a jury verdict not guilty to being found guilty of murder by the Supreme Court, this case received extraordinary media coverage, which most likely had a crucial impact on the Jury System in India. This case is one of the important examples of Supremacy of Law and proves that the law in the Indian Legal System is above all and the law remains the same for everyone irrespective of one’s status or class. The Latin maxim ‘in quo quis delinquit in eo de jure est puniendus’ means “in whatever thing one offends, in that he ought to be punished according to law”. The punishment for a crime ought to be proportionate to the crime committed. Penal laws are strictly interpreted, and the Nanavati case demonstrates the strict interpretation of penal statutes. Through this case, it is observed that the judiciary acts as a shield for the protection of the Indian Constitution and to serve justice. [39]
CONCLUSION:
From this we can say the literal rule has been applied to the court and just read the plain text of the constitution which is clearly used by the SC in this case. Only on the failure of literal rule can the other rules of interpretation be used. But the law is very clear and so there is no point in applying any other rule. The decision of the Supreme Court is perfect according to me in this Case. There is no issue that 2 remedies cannot be granted for one cause and the same thing is laid down here.
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