“Judges are duty-bound to explain the basis on which they have arrived at a conclusion”
The apex court on Tuesday maintained that the police cannot attach immovable property of an accused under Section 102 of CrPC during an ongoing investigation
For a fair investigation, the officer in charge of the investigating team gets the direction for collecting further evidence, after noting the conduct of the victim and of the accused as well. Hence, the conduct of the parties is the most important factor of fair investigation, which needs to be considered by every investigating officer.
Delhi Police, firstly, filed the charge-sheet with such serious allegations after almost three years from the date of incident, and secondly, since one of the charges alleged against Kanhaiya Kumar and others is of sedition which falls under Chapter VI of the IPC, the police is bound in law to obtain sanction from the appropriate Government, in this case from the Government of Delhi, which they have not.
The thumping majority with which the 124th Amendment was passed is a sign of the times. The issue of reservation has always remained a sore one with battle lines drawn out for years. However, the elephant in the room so to speak is that those who have suffered for centuries, by being in the margins, have no other way to become part of the mainstream. Reservation ought to emancipate, it ought to build bridges but even today — it is simply widening the gap. Join me as I take a deep and long look at the recently passed 124th Amendment to the Constitution of India and its impact on the Criminal Tribes.
It is essential to criminalise marital rape in order to break the age-old understanding that “marriage sanctions sex” or that married women are incapable of giving consent or that consent is presumed/implied upon marriage. This understanding only legitimises the patriarchal notion that a woman is the property of her husband after marriage.
December 21, 2018 was certainly a sad day for Rubabuddin Sheikh. It has been a long journey for him, yet he has not got any justice for his brother. He now plans to challenge the decision and appeal to the Supreme Court. At a systemic level, there are grave questions of impunity of police in fake encounters, especially at the behest of the politically powerful, apart from the safety of witnesses in political crimes.