Comment : J.Krishna Iyer at his eloquent best, commences with "when law of crimes rebels against social justice and leans towards narrow legalism - it becomes crime of laws and not law of crimes" Supreme Court of IndiaNarotam Singh vs State Of Punjab And Anr. on 11 January, 1978Equivalent citations: AIR 1978 SC 1542, 1978 CriLJ … Continue reading Narotam Singh v. State of Punjab
QUESTION : Cinematograph Act 1952 Section 5A-Whether the issuance of the certificate issued by the specialised Board of Film Censors bars the criminal Court's jurisdiction to try for offences under Sections 292/293 I.P.C ? Court said no...read on Supreme Court of IndiaRaj Kapoor And Ors vs State And Others on 26 October, 1979Equivalent citations: 1980 AIR 258, … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.
A Remarkable judgment outlining the law of obscenity as it stands in India, in a nutshell, while holding Bandit Queen to have been rightly passed by the Censors, held it not to obscene as it in no manner appeals to the prurient interests or is lascivious - or corruptive to the minds of people whose … Continue reading Supreme Court on obscenity (Bandit Queen Judgment)
Though overruled by SC in a later decision in 1999 - this decision is highly public oriented - wherein the ministers, rightly, were held to be repositories of public trust, liable for breach of trust in case of arbitrary allotment of petrol pumps. Common Cause A Regd. Society vs Union Of India And Ors on 4 … Continue reading Arbitrary Allotment of Petrol Pumps …SC
Comment : Bail and not Jail as the guiding principle is back with SS Mhetre v. State of Maharashtra (2011) SC. Let's see what started it. Here is Gudikanti Narsimhulu v. State (1977) delievered by J.Krishna Iyer, undoubtedly the locus classicus on the subject. JUDGMENT "Bail or jail ?"- at the pre-trial or post- conviction stage-belongs to … Continue reading Justice Krishna Iyer on Law of Bails – Gudikanti Narasimhulu (1977)