{"id":32694,"date":"2018-10-29T16:00:00","date_gmt":"2018-10-29T10:30:00","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=32694"},"modified":"2018-10-29T16:00:00","modified_gmt":"2018-10-29T10:30:00","slug":"we-need-a-pro-liberty-judicial-approach","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/we-need-a-pro-liberty-judicial-approach\/","title":{"rendered":"We need a pro-liberty judicial approach"},"content":{"rendered":"

We need a pro-liberty judicial approach<\/a><\/p>\n

Article<\/strong>:<\/p>\n

    \n
  1. Writer, a former Judge of the Supreme Court has raised the concern over threat to Civil Liberty guaranteed under Article 21 of the Indian Constitution.<\/li>\n<\/ol>\n

    Important Analysis:<\/strong><\/p>\n

      \n
    1. Article 21 of the Indian constitution places the civil liberty on the highest pedestal and it is the duty of the Supreme Court to uphold the same.<\/li>\n
    2. In Romila Thapar v. Union of India<\/strong>, the case concerning the Bhima-Koregaon accused, SC has failed to apply the \u2018clear and present danger<\/strong>\u2019 test, which, if would have applied, could have quashed the proceedings against all the five accused and consequently released them.<\/li>\n
    3. Supreme Court has ordered house arrest for them is not justified as the offence was not as grave or heinous as murder, or gang-rape.<\/li>\n
    4. So, the denial of their release even though their activity does not pose any clear and present danger of a violence is violation of Article 21.<\/li>\n
    5. Even in Abhijit Iyer-Mitra v. State of Odisha<\/strong>, the Supreme Court refused bail to journalist Abhijit Iyer-Mitra over his alleged objectionable remarks against Odisha’s popular Konark Suns feelings, an offence under section 295A of the Indian Penal Code<\/strong>. But on the principles laid down by the court in State of Rajasthan v. Balchand<\/strong>, bail should have been granted.<\/li>\n
    6. It is being argued, Supreme Court is deviating itself from its own precedents because the seven-judge Constitution Bench of the Supreme Court in Maneka Gandhi v. Union of India<\/strong>. ruled that the mere existence of an enabling law was not enough to restrain personal liberty.<\/li>\n
    7. Also, In GHANI V JONES, UK<\/strong> – Lord Denning held: The privacy and possessions of an individual were not to be invaded except for the most compelling reasons.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

      We need a pro-liberty judicial approach Article: Writer, a former Judge of the Supreme Court has raised the concern over threat to Civil Liberty guaranteed under Article 21 of the Indian Constitution. Important Analysis: Article 21 of the Indian constitution places the civil liberty on the highest pedestal and it is the duty of the… Continue reading We need a pro-liberty judicial approach<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[555],"tags":[],"class_list":["post-32694","post","type-post","status-publish","format-standard","hentry","category-test-1","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704930369},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/32694","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=32694"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/32694\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=32694"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=32694"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=32694"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}