The Bombay High Court’s Latest Circular is a Band-Aid on Backlog
This was originally published on Bar & Bench. By a circular dated April 23, the Registrar General of the Bombay High Court directed all judicial officers to list twice a month all “maintenance cases” and “recovery proceedings” filed under the Protection of Women from Domestic Violence Act, 2005 (DV Act), Section 144 of the Bhartiya Nagrik […]
How Twitter Democratized the Indian Courtroom
Written by Hamza Lakdawala As an advocate practising mainly in Mumbai, I keep myself abreast of the latest developments in courts across the nation as well as the Supreme Court of India. I do so not by referring to journals or reading newspapers, but by scrolling through threads on Twitter. As absurd as it sounds, this […]
An Innocent Accused and a Culpable Victim? Critique of the Kerala Court Order Granting Anticipatory Bail to Civic Chandran
Written by Racheeta Chawla, Hamza Lakdawala A sessions court in Kozhikode, Kerala on August 19 granted anticipatory bail to writer Civic Chandran in a case registered against him under Section 354A(2) (sexual harassment), Section 341 (wrongful restraint) and Section 354 (assault with criminal force to woman with intent to outrage her modesty) of the Indian Penal Code. The said […]
Centre’s Stance in SC on Challenge to Sedition Law a Bald Attempt to Stall its Judicial Review
Written by Hamza Lakdawala Over the last year, multiple individuals and organizations have moved the Supreme Court challenging the constitutional validity of Section 124A of the Indian Penal Code [IPC], that is, the offence of sedition. The Union Government earlier today informed the Supreme Court that it had decided to re-examine and reconsider section 124A as […]
Heckler’s Veto: An Explainer
The ‘heckler’s veto’ argument, raised by Senior Advocate Devadutt Kamat in the ongoing hearings at the Karnataka High Court against the hijab ban order by the state government, must be formally read into Indian law since it protects the bona fide exercise of rights by the citizen while also casting a duty upon the State […]
Despite denial by NIA Court, why Anand Teltumbde has a right to temporary bail
The denial of temporary bail to Anand Teltumbde, an accused in the Bhima Koregaon violence and conspiracy case, flies in the face of Indian constitutional jurisprudence and is violative of the basic tenets of human rights law, writes HAMZA LAKDAWALA. ————– On December 1, the Special National Investigation Agency (NIA) Court in Mumbai rejected the plea of […]
A Case for Permanent Hybrid Courts
HAMZA LAKDAWALA & NAVAZ DORDI examine whether regional benches of the Supreme Court are permitted by the Constitution, and argue for making the physical-online hybrid hearing model in the Supreme Court permanent by enumerating the benefits that would accrue to the justice delivery system from the same. ———- INDIAN Courts, which had moved virtual in the wake […]
Where America’s New Citizenship Law Passes, India’s CAA Fails
There is a fundamental difference in the underlying philosophy deployed by India and the United States when it comes to granting citizenship to illegal immigrants. HAMZA LAKDAWALA explores the key differences in their approaches and makes a case for India to adopt the American way. ——- ON Thursday, the United States House of Representatives passed two key […]
What Is Attorney-Client Privilege?
Written by Afreen Alam & Hamza Lakdawala There are very few elements of the law as holy and sacred as Attorney-client privilege. Attorney-client privilege or lawyer-client privilege is the common law concept that makes all communications between a lawyer and their client confidential, and such confidentiality is protected by law. “Privileged professional communication” is the immunity accorded […]
How Amy Coney Barrett’s Confirmation Could Influence The US Supreme Court?
Written by Hamza Lakdawala Following the death of United States Supreme Court Justice Ruth Bader Ginsburg, who passed away on Friday, 18th September 2020, President Donald J. Trump has nominated 48-year-old Judge Amy Coney Barrett to replace her at the top court. This is President Trump’s third nominee to the United States Supreme Court; the first […]