Legal Cases

Legal Cases #14: Shaheen Bagh, BHC grants bail to Rhea Chakraborty, Kulbhushan Jadhav Case

Shaheen Bagh: Supreme Court rules that public places and roads cannot be occupied indefinitely

The Supreme Court issued the decision on the right to protest and ruled that public places and streets cannot be filled permanently by protestors. This verdict came out as the response to a batch of complaints lodged by demonstrators in the Shaheen Bagh region earlier this year protesting the controversial Citizenship Amendment Act (CAA).

The Delhi Police, while they hearing the case, was being drawn up by a bench of three judges, Sanjay Kishan Kaul, Krishna Murari, and Hrishikesh Roy, on the pretext of endless chat. “Roads have to be cleared by police,”

The followings facts were observed by the court:

• There can be no permanent occupancy of public places and roads 

• Only in designated areas permitted protests 

• People cannot curtail the Right to commute. 

• Both the right of protest and with the right to commute must be equalized •

On 21 September, though referring to the demonstrations, the Supreme Court confirmed that the ‘right to protest’ cannot be a ‘global policy.’ The Supreme Court has found out while acknowledging citizens’ right to protest, that other public rights, such as the right to travel and mobility, exist as well. The Supreme Court noted remarkably that the right to protest must be balanced with the right to public movement.

Bombay High Court grants bail to Rhea Chakraborty in NDPS case

In the case of the Narcotics and Psychotropic Substances Act (NDPS), which is registered as Narcotic Control Bureau (NCB), today the High Court of Bombay granted bail to Rhea Chakraborty, Samuel Miranda, and Dipesh Sawant for the allegations of procuring drugs for Late Sushant Singh Rajput.

The Court of the Magistrate and the Special NDPS Court had previously dismissed their bail applications. Hence, they filed a plea before the High Court in Bombay. 

Satish Manesh from Rhea’s counsel argued at the Court that the NCB had no competence to handle the case because the Supreme Court had ordered the CBI to examine the death cases of Sushant.

Additional Solicitor General Anil Singh, who appeared for NCB, argued that re-establishing contraband was not a prerequisite to proving an offense by the NDPS. It was also claimed that if a person fails to report the habit of using drugs by another person, it will be ‘the offender’s harbour.

India has failed to appoint counsel for Kulbhushan Jadhav, says Islamabad High Court; next hearing on Nov 9

On 3 March 2016 Jadhav had been arrested and sentenced to death by a military court on charges of suspected espionage. 

In August, at the request of the government, the Islamabad High Court set up a three-member bench to appoint a Jadhav lawyer to appeal the death penalty. Islamabad High Court’s three-Judge Bench, Judge Aamer Farooq, Athar Minallah and 

Judge Miangul Hassan Aurangzeb has observed that “despite the extensive possibilities in this respect, no attempt was made by the Indian government to approach this Court directly.” 

The Court requested the General Prosecutor of Pakistan Khalid Javed Khan to help decide whether the court can nominate a Jadhav legal representative without the approval of India and whether appointing a court lawyer will provide an appropriate framework for successful judgment implementation.

Furthermore, the Court adjourned the hearing until 9 November.

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Bengali Legal Cases #14।Advocate Chenoy Ceil |Right to Protest। Rhea Chakraborty Case।Kulbhusan Case

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