Legal Edge

Mrs.Neelam Katara filed the present petition pertaining to the tragic homicidal death of her son, Nitish. Respondent No.6, the son of a sitting Member of the Rajya Sabha came to be a suspect in the homicidal death of Nitish Katara. The petitioner sought various reliefs. From time-to-time various directions and orders were passed in the present petition resulting in the petition, as far as the petition was concerned as having become infructuous. However, one aspect of the matter of general public importance survives and counsel for the parties stated that in public interest certain directions pertaining to witness protection need to be issued. Ratio Decidendi: The edifice of administration of justice is based upon witness coming forward and deposing without fear or favour, without intimidation or allurement in Courts of Law. If witnesses are deposing under fear or intimidation or for favour or allurement, the foundation of administration of justice not only gets weakened, but in cases i...

Facts: On June 24, 2004, Hardeep Singh was ploughing the land. The accused persons went there with deadly weapons and caused injuries to Hardeep Singh as well as other prosecution witnesses. First Information Report (FIR) was lodged against many of the accused for commission of offences punishable under Sections 307, 326, 336 and 427 read with Sections 120B, 148 and 149 of the Indian Penal Code, 1860 (IPC) as also for offences punishable under Sections 25, 27, 54 and 59 of the Arms Act, 1959. Accused were arrested. Vijay Preet Singh (respondent No. 2) was one of them but the father of Vijay Singh interfered in investigation. Hence, he was discharged before framing of the charges. Moreover, Jagtar Singh (respondent No.3) whose name was not mentioned in the FIR, but as per witnesses also involved. The appeal is brought before the constitutional bench of Supreme Court because the division bench came onto differing opinion as to the additions of the respondent 2 and 3 to the case using sec...

Facts A man named Veerappan a criminal who is alleged to be guilty of the most heinous crimes, including the murder of 119 persons, among them Police and Forest Officers, and kidnapping. One Veerappan abducted from a film actor named Rajkumar, and three others. As of today, Rajkumar and Nagesh remain in Veerappans custody. At the time of the kidnapping, Veerappan handed over to Rajkumars wife an audio cassette to be delivered to the Chief Minister of the State of Karnataka. The audio cassette required that he send an emissary to Veerappan. The Chief Ministers of the States of decided to send as an emissary one Gopal, to Veerappan. Later Gopalsent an audio cassettee to Chennai which, in the voices of Veerappan and an associate, set out ten demands for the release of Rajkumar. There were 10 demands, but the one to be considered is: DEMAND : 6. Innocent persons languishing in Karnataka Jails should be released.  RESPONSE : TADA charges will be dropped immediately facilitating release ...

Facts: Death sentence has been awarded by the High Court of Bombay to Ajay Pandit @ Jagdish Dayabhai Patel for double murder. The Bombay High Court confirming the order of conviction and enhancing the sentence of life imprisonment to death and ordered to be hanged till death against which this appeal has been preferred. The High Court heard the arguments of the advocate for the accused as well as the prosecutor on the point as to whether the High Court could enhance the sentence of the accused from life to death. Having noticed that the High Court has the power to enhance the sentence from life imprisonment to death, the High Court issued a notice on 1.12.2005 to the accused to show cause why the sentence of life imprisonment be not enhanced to death sentence. The operative portion of the order reads as follows: The accused was produced before the Court on but the advocate representing the accused was absent. Consequently, he Court on 13.12.2005 recorded the following statement of the ...