When a Ram Rahim ‘Premi’ Woke Up to Find His Testicles Missing

Hansraj came to my office in 2012 and after discussing his case I decided to provide Pro Bono services for his case in the Punjab & Haryana High Court. Although we were successful in getting a CBI inquiry marked by the Punjab & Haryana High Court in December 2014, the CBI has of late dragging its feet and the investigation has been progressing at a snail speed, despite 10 interim status reports being submitted to the Punjab & Haryana High Court. Navkiran Singh, Advocate THE QUINT...
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High Court Issues Direction to Trial Court to Expedite Rape Trial and Complete Within Six Months

crime against women
High Court Issues Direction to Trial Court to Expedite Rape Trial and Complete Within Six Months     Speedy trial is a fundamental right as enshrined under Article 21 of Constitution of India and the Hon’ble High Court also on its administrative side has issued instructions to the trial courts to try the matters of rapes on speedy basis. However in the present case more than three years had passed since the learned trial court has been entrusted with the file of the case but on...
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Extradition To India

Extradition
EXTRADITEE CANNOT BE PROSECUTED FOR ANY OFFENCE OTHER THAN THOSE FOR WHICH EXTRADITION HAS BEEN GRANTED The term “Extradition” implies that one nation giving over an individual to another nation for the purposes of criminal trial or punishment. Treaties between nations and groups of nations govern international extraditions. However, many times it has been seen that Police officials while violating human rights of the person seek police remand of the person who has been extradited in respect ...
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Right to Passport Extends to Under Trials Also

Right to Passport
RIGHT TO HAVE PASSPORT EXTENDS TO UNDERTRIALS ALSO During pendency of a criminal case the accused is presumed to be innocent until he is convicted, however passport authorities seldom share such liberal views and often continue to deny the right of citizens to obtain a passport during the undertrial period. The Constitution guarantees every Citizen the fundamental right to have a passport and the legislation has carefully drafted provisions of the Passport Act enumerating the limited pro...
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Bail (Suspension of Sentence) During Pendency of Appeal – Punjab And Haryana High Court

Bail (suspension of sentence)
  In a recent judgment dated May 10, 2016 in a case filed by Singh Lawyers titled as Jugla Ram v. State of Haryana (CRM No. 8023 of 2016). The applicant-appellant was convicted under Section 15 of the NDPS Act, 1985, and was sentenced to undergo rigorous imprisonment of ten years and to pay a fine of Rs. 1,00,000/-, in default thereof, to further undergo rigorous imprisonment for one year. The custody certificate dated 7.4.2016 had already been filed by the State and the applicant ha...
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HIGH COURT TRANSFERS INVESTIGATION FROM POLICE TO CBI

HIGH COURT TRANSFERS INVESTIGATION FROM POLICE TO CBI In a recent case argued by Singh Lawyers titled as Neetu Kapoor v. State of Punjab, Justice Kuldip Singh of Punjab and Haryana High Court via order dated 31.05.2016 transferred the investigation of the case to CBI. Manoj Kapoor, brother of the Petitioner was working as contractor of SIS Company Banking, which used to load cash in the ATM maintained by the Government and private banks and his duty was to load cash. On 25.05.2014, Sunday a...
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TRANSFER OF CRIMINAL CASE: POWER OF THE HIGH COURT

transfer of case
  The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. When it is shown that public confidence in the fairness of a trial would be seriously undermined, any party can seek the transfer of a criminal case within the State by the High Court under Section 407 Cr.P.C.and anywhere in the country under Section 406 Cr.PC by the Supreme Court of India. The apprehension of not getting a fair and impartial inquiry or tria...
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LEADING DEFENCE EVIDENCE AT THE STAGE OF FRAMING OF CHARGES

Defence evidence at the time of framing of charges
Whether the Court can look into the defence material or whether the record can be summoned at the instance of the defence at the stage of framing of charge? Singh Lawyers for the Complainant Facts: An FIR was registered on the statement made by the victim of a rape case. Police had filed the challan. During the trial an application was filed by the accused  seeking to summon the attendance register and the CCTV footage from State Bank of India, Bathinda at the stage of framing of charge in o...
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