Common Law

  It is said that Bail is Rule and Jail is an exception in Bail Cases. In a Society, which we do call it civilized, a Jail reduces a human being to animal. Jailing is akin to chaining human, where inherent human dignity is imminently lost.  A Justice, Judge or a Magistrate, being a reflection of superior human being, must deemed to stand for personal liberty, and can never argue for chaining a fellow human, unless it is vehemently shown that fellow human has acquired an Animal instinct of grave danger.  Therefore, in Bail matters, where limited issue is of personal liberty, a Judge indisputably stands for personal liberty. Therefore, Bail matters are inherently different from other Legal Cases. In other Legal Cases, the Judges, dispassionately, may be deciding rights of the parties. But in Bail matters, Judges stand for Personal liberty; and therefore in Bail Cases, Judges have to “argue” passionately, Impugning Prosecution, in favour of personal liberty, unless a...

I am talking about Protection of Women from Domestic Violence Act, 2005. Although, malice cannot be attributed towards the Legislature, nevertheless, it is an Act, the provisions of which grossly frustrate the most cherished personal liberty of men and women, is destroying the institution of family in our Country, apart from subjecting people of this country to one of the most irrational and unjust law. The Act sought to handover a potent weapon in the hands of an abusive litigant to intimidate and harass their family members, allows the litigant wife to lie with fluency and fervor, and legitimizes the gross misuse of the law. The whole procedure contemplated under the Act is designed in such a manner that would cause “undue” fatigue and oppression to the matrimonial family members of the Wife. There is an illogical consistency in the entire scheme of the Act, and the innocent family members may never recover from confusion. The serious anomalies in the Act begin from t...

Introduction: If you can read this article, because you are a free “man”, and if I am writing this article because I too enjoying my personal liberty. Personal liberty is dear to all, be it leftist or rightist, human being or animal being, Prime minister of a country or the poorest sovereign. It is said that, “you take my life when you take away the means whereby I live”. This is true for a family whose sole bread earner is arrested. The importance of personal liberty to a civilized society cannot be over stated. The Constitution of India, under Article 21, has placed the importance of personal liberty at par with our life, and guarantees that life and personal liberty of a person cannot be taken away, except by strictly following the procedure established under the law. The scare by Police: The Independence of India has come but Police in India continues to inspire fear. One thing that terrorizes the most to a common man is fear of highhandedness of the police who has ...

What is the “test” to measure the effectiveness of Collegium Scheme of Appointment 1.       In this write up, I am trying to invent a “test” to measure the effectiveness of Collegium Scheme of Appointment of Judges at High Courts and at Supreme Court of India. 2.       The Collegium scheme of Appointment, the center of controversy, first of all, it must be understood, and in my view, is opposed because of complete lack of transparency in its process, and is not opposed per se. 3.       Whereas the current CJI R. M. Lodha defends the “indefensible” this Non transparent system, I ask myself, what could be the authentic test to measure the effectiveness of this scheme. And why I say it is "indefensible", is because, said "opaque Scheme" is justified in the backdrop, where "open court" is the hallmark and chief attribute of any justice dispensation scheme. 4.       I ...