Civil Writ - PIL - Service — Appointment to Key/Sensitive Post — Transparency and Propriety — Article 32 — Challenge to appointment of officer facing CBI charge-sheets and Commission inquiry as Chief Secretary — Held: Chief Secretary is a key post — the State should have awaited Commission report and avoided controversy — justice must appear to be done &md...
Land Acquisition – Market Value – Comparable Sales – Exclusion of DDA Brochure – Inclusion of Contemporaneous Sale Deeds – High Court wrongly relied on DDA brochure rates and excluded registered sale deeds for want of examination of parties – Supreme Court held: Allotment rates of small leasehold developed plots by DDA not reliable for determining market value o...
Civil – Writ - NHRC Membership – Eligibility – Section 3(2)(d), Protection of Human Rights Act, 1993 – Police Officer as Member – Appointment Upheld – Challenge to appointment of former CBI Director as NHRC Member contending police officers are impliedly excluded and appointment violates Articles 14/21 and Paris Principles – Held: Section 3(2)(d) uses clea...
Civil Writ - Article 226(2) – Territorial Jurisdiction – Choice of Forum – Cause of Action Not Appropriately Evaluated – Jurisdiction Upheld – Appellant extradited from Singapore challenged violations of the Extradition Act and prison conditions in U.P. – Delhi High Court declined to hear the writ solely because the Allahabad High Court could deal with the issue...
Service Law - Disciplinary Proceedings – Armed Forces – Scope of Judicial Review – Rule 27, CRPF Rules – Dismissal Order Restored – Respondent constable of CRPF was dismissed from service for unauthorized firing during sentry duty in a sensitive, terrorism-prone area – High Court set aside the dismissal terming it disproportionate and reinstated him with continu...
Service Law - Constitutional Validity – Reservation in Promotion – Articles 16(4A) and 16(4B) – Amendments Upheld – The constitutional amendments enabling reservation in promotions and allowing carry-forward of unfilled vacancies were challenged as violative of equality and basic structure – Held: The 77th, 81st, 82nd, and 85th Amendments do not violate the basic stru...
Military Law – General Court Martial – Rule 34 of Army Rules – Mandatory Nature – Respondent charged under Army Act and tried by General Court Martial within less than 96 hours from being informed of charges – Supreme Court held that the 96-hour interval stipulated in Rule 34 is mandatory, not directory – Purpose is to ensure fair opportunity to the accused for ...
Constitutional Law – Scheduled Tribes – Land Restoration – Validity of Repealing Act – Kerala Act 12 of 1999 challenged for overriding Kerala Act 31 of 1975 which provided for restoration of alienated tribal land – High Court held 1999 Act to be colourable and struck it down – Supreme Court reversed – Held: 1999 Act enacted under Entry 18, List II; hence w...
Civil Writ - Police Reforms – Public Interest Litigation – Binding Directions Issued under Article 32 and Article 142 – Inaction by Governments Despite Repeated Recommendations – Petitioners sought enforcement of long-standing recommendations made by various expert bodies including the National Police Commission and Ribeiro and Sorabjee Committees – The Court noted po...
Preventive Detention – COFEPOSA – Delay in Passing Detention Order – Order Quashed – Appellant was detained nearly 16 months after the alleged prejudicial activities ceased – Authorities had admitted that transactions after 11.10.2003 were not under scrutiny and that bank accounts were defreezed – Held: Delay between proposal and actual detention was not satisfa...