The Kerala High Court has strongly acted upon the findings presented in the Hema Committee file, which brings to the fore the sexual crimes and exploitation that ladies inside the Malayalam film industry face. Popularly known as Mollywood, the redacted document released on 19 August 2024 has brought on a wave of subject and calls for responsibility. A unmarried-bench case of the Kerala High Court has taken its impetus from a Public Interest Litigation in search of action in opposition to crook prosecution of persons involved in sexual offences, as enumerated inside the record by the Hema Committee. The petitioners submitted that the redacted model of the file released to the public suppressed critical statistics concerning perpetrators of the crimes, for this reason defeating justice to victims. The Kerala High Court has agreed to scrutinise an unredacted reproduction of the Hema Committee file in reaction to the PIL. It is a ruling at the bottom of the Court's commitment to openness and responsibility regarding charges of sexual misbehavior committed by celebrities in the movie industry. Only through sifting through the unredacted record would it be possible to arrive at the true picture regarding the extent of the problem and find the specific criminal action against all those accused. In 2017, following the exploitation of Mollywood girls, the Kerala government had constituted the Hema Commission. A senior judge in the Kerala High Court, Justice Hema, talked to different actors, experts, and other specialists related to the industry. The document recounts the sexual harassment, abuse and violence that girls face at the hands of powerful people in the business. It has emerged, but several pages have been carefully edited. Public outcry fueled difficulty about the authorities's commitment to the rights of women on display. The petitioners argued, at that point, that the redactions had been for defensive powerful human beings from exposure and that bringing all of the contents of the record to light was important if you want to prosecute a case. By consenting to perusing the unredacted record, the Kerala High Court has despatched a sign that it is serious approximately making sure justice to the victims of sexual crimes in Mollywood. The Court's choice might open up for the methods of crook research and prosecution primarily based on the Hema Committee document. The case increases alarm bells for the continuing struggles of ladies within the film industry and urgently points out the want to reform structural systems that guard their protection and dignity. The agreement the court involves in searching over the unredacted file could be watched closely, because it has the ability to set a precedent within the combat in opposition to sexual exploitation within the enjoyment enterprise.
This vile sexual assault incident on kindergarten kids in a Badlapur college brought the Bombay High Court, under its suo motu powers, to explicitly express grave worries over loopholes permitting this sort of heinous crime and question the effectiveness of measures in vicinity for protecting these children. It concerned the molestation of two young girls by a group member of the house-keeping department staff. Last week, the commission of the crime sent shockwaves through the community, raising some serious questions about academic institutes and their safety protocols. The parents of the victims came out to say that the school was negligent in consideration of the duty of care due to the children, failed to ensure the child's safety, and let the offender commit the crime without being detected. While the hearing was on, the Bombay High Court immediately lambasted the investigating authorities for not doing scientific research till now. It ought to be mentioned that there happened some delays in releasing preliminary information and arresting the suspect. The judges were disappointed that the police didn't act quite fast when the victim was like this; therefore, in such cases where there is a sexual intercourse, especially where children are involved, it needs to be done right away and properly. The Supreme Court criticized the police department as much as it did the school administration. The court questioned the sufficiency of the security provided by the schools and how adequate the screening process was, more so with workers who were close to young people. By showing apparent laxity on the part of the school not to give enough attention and ensure the safety of its students, the judges felt that it had led to this dangerous situation. The courtroom ordered a proper inquiry into the moves of both the police and faculty government. The judge ordered the punishment of the culprits, including the misbehaving officers. He also asked the education department to conduct a review of security measures in schools across the country to prevent such incidents in the future.
The Assam government has come out with a Bill to annul the Muslim Personal Law (Shariat) Application Act, 1937, within the state. This would prove to be very controversial since the Bill, if enacted, would try to address the misgivings about the present law being misused in respect of marriages and divorces of the Muslims in the world. It has justified this proposal on the basis that the present Act, in its application, has tended to have vulnerability for exploitation and has therefore led to serious concerns for society. In particular, it points out that the Bill states that the Muslim Personal Law has many times been misused to facilitate marriages under age or forced marriages without the full consent of the parties involved. Such misuse is not only against the principles of individual autonomy and free will, but also extends into harmful practices, especially against women and minor individuals. Bill supporters argue that young girls are being forced into marriages under loopholes in the existing law, without the girls knowing or agreeing to it. What is more worrisome is that this law has been used in cases of minor marriages thereby legitimizing unions, which under IPC and the Prohibition of Child Marriage Act, 2006, have to be treated as illegal. The new Bill has an express provision for closing these loopholes so that all marriages in Assam are brought under secular laws that protect rights and freedoms of all citizens irrespective of any religion. The bill has elicited quite mixed reactions. To the supporters, it is a step in the right direction and definitely going to help safeguard the rights of more vulnerable sections of society, including women and children within the state. They also feel that by repealing the Muslim Personal Law in Assam, the government is not only ensuring a strong stand against those very customs and practices incongruent with modern times but also standing for contemporary values of gender equality and human rights. They say the repeal could be interpreted as interfering with the wrong practices of Assamese Muslims. Others argue that it will lead to more violent state intervention in mental health issues, even if it leads to more communal violence. It is not moving. It said the fundamental purpose of the constitution is to ensure that all marriages are conducted with the general consent of both parties that to ensure that marriage of minor girls and forced marriages will get abolished . The bill has made it clear that it is committed to protecting the rights and dignity of all citizens and this bill is a step in the right direction. It will change crime and peace in Assam.
The Special Investigation Team which is known as (SIT) has filed a 2,144l long number of pages charge sheet against Prajwal Revanna and HD Revanna in the high profile case related to rape and sexual harassment. The same was filed in the special court for elected representatives in Bengaluru, marking a vital phase in the contentious case. An emerging star in the political horizons and the grandson of Ex-Prime Minister H.D. Deve Gowda, Prajwal Revanna has come in the limelight for all wrong reasons, a case dealing with sexual assault and harassment. The case had caught broad media attention and ill fame as involves high-profile political personas, with four separate complaints against Prajwal. Besides, the addition of his father, HD Revanna, also a noted politician in the chargesheet sets one thinking if the offence is really of such dimensions. It is into this sensitive case that an SIT was constituted to probe the event that spanned over several months. The chargesheet of the investigation has led to its findings with evidence and testimonies collected from several witnesses and victims. One look at the sheer volume of the chargesheet is enough to give an idea about the complexity of the case, which involves serious accusations of sexual misdemeanour against persons in power. Sources have said that the chargesheet consists of statements of the victims along with forensic evidence and other documents that can confirm the allegations made against Prajwal and HD Revanna. The charge sheet reportedly describes a continuous trend of abuse and harassment with chronological incidents over a period of several months. The SIT has indeed submitted recommendations for enhancement of investigation into some areas of the matter that would require more scrutiny. The filing of the chargesheet now has set off reactions from all quarters. In fact, supporters of the Revanna family have been saying this as a political vendetta just to malign the image of a rare political dynasty. It is the timing of the chargesheet, coming ahead of key elections in Karnataka, that raises questions over whether political influence was behind the investigation. Legal experts and advocates for the victims, however, have called the filing of the chargesheet a big step toward justice. They elaborate on the fact that the big fish have to be brought to the book, irrespective of their political standing. The case has also stirred more debate on the extent of sexual misconduct in Indian politics and how difficult it is for the victims to secure justice.
The Shah Bano case, fully titled Mohd. Ahmed Khan v. Shah Bano Begum case of 1985 is one of India's landmark cases. Much more than a precedent by which the Muslim personal law in India would be decided, this case stirred nationwide debate related to various issues like Muslim women's rights, the position of religion in India's law and order system, and how personal laws relate to the Indian Constitution. The case came up when one Shah Bano Begum, a 62-year-old Muslim woman, approached the Supreme Court of India with a petition for maintenance against her former husband, Mohd. Ahmed Khan who had given her divorced through triple talaq. In the Muslim personal law, ruling over their marriage, a divorced woman is allowed maintenance only during the iddat period. After this period, he is under no obligation to provide for her maintenance. Shah Bano, however now left without any means of subsistence, sought redress under Section 125 of the Criminal Procedure Code which applies irrespective of religion, that is, on all citizens. Section 125 lays down that every husband is bound to maintain his wife if she is unable to maintain herself. The case went as far as the Supreme Court, wherein it was essentially advanced whether Shah Bano was entitled to any maintenance beyond the iddat period under Section 125 of the CrPC or her claim should be washed away in preference to Muslim personal law. The judgment of the Supreme Court was in favor of Shah Bano, and it held that Section 125 of the CrPC is a criminal law; it has overriding effect over personal law. The judgment was hailed as a great victory for the women's movement and a very progressive judgment which interpreted the law in the spirit of justice and equality enshrined in the Constitution of India. The judgment also provoked a scathing reaction from groups of conservative Muslims who believed that the judgment infringed on their Personal Law and religious practice. What started as a local dispute escalated into a national debate about how far the state is allowed to go in interfering with religion. Due to public protests, the then (Indian) government led by Prime Minister Rajiv Gandhi enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986. For a Muslim husband, paying for the renewal is the easiest way. You have to spend time during iddah and pay according to Islamic law which highlighted the growing issue of non-civil rights as well as legal rights. In Indian law, the Single Civil Code continues to be mentioned in discussions on women's rights and secular persons.
The case of Roop Kanwar Sati is one of the most important legal cases to have ever shaken India in the late 1980s. Apart from exposing the heinous practice of sati, or widow immolation, it brought about formidable legal reforms and retrospection into the rights and status of widows in Indian society. Although this case does not directly concern divorce, it deals with the wider issues related to women's rights regarding marriage and widowhood in India. In September 1987, Roop Kanwar, an 18-year-old widow in Deorala, a village in the state of Rajasthan, was allegedly forced to become sati, which involved immolation on the funeral pyre of a husband. The incident caused a national uproar as many people believed Kanwar was forced into committing sati by the local community. This case brought to light an incarnation of the intersection between traditional customs and religious belief and the legal system in India, setting off a debate over women's rights and the role of the state in regulating personal practices. The incident led to the arrest of many persons, including members of Kanwar's family and local villagers, on charges of aiding and abetting the act of sati. However, it proved to be a tough case. There were contradictory testimonies, and the community as a whole supported the practice, considering it as an act of devotion rather than a heinous crime. These factors made it very hard for prosecution to present evidence and achieve convictions. It was in 1996, nearly a decade after the incident, that the 11 accused were acquitted due to lack of evidence. The court's verdict was largely seen as a failure on the part of the legal system in relation to women's rights and challenging age-old patriarchal norms. Contrary to that, this case brought in serious legal reforms despite the acquittal. The most striking outcome of the movement was the passing of the Commission of Sati (Prevention) Act, 1987 in which sati system was declared illegal and its practice is a criminal offense. In addition, the Act also declared illegal and punishable the act of glorifying sati, hence encompassing the offence committed by people who abet or support the practice. The Roop Kanwar case is a grim pointer to the still uphill task of implementing laws for women's protection in the face of deeply-entrenched cultural practices. It brought to the forefront the requirement of more stringent legislation to protect vulnerable sections like women against detrimental traditional practices. Although the case did not directly relate to divorce, it brought into focus some of the most important questions that were then arising about women's rights in India within marriage and following the death of a husband. It brought home to those concerned the need for legal intervention to secure women's rights and dignity while fighting oppressive customs and bringing about social reform. Viewed from this perspective, the case was an integral part of the legal history of India, and its reverberations continue to be felt in contemporary discourse on women's rights and legal reform in that country.
In a historic decision, Justice BR Gavai, sitting in the Apex Court, inaugurated the country's first digital court for the trial of cases under the NI Act, 1881, in Kerala. This is one of the steps being taken to integrate the judiciary of India digitally for easy and speedy justice to all sections of society. The NI Act principally deals with the issues of the dishonour of cheques, which problem is responsible for a huge backlog of cases in Indian courts. Therefore, it has become necessary to create a digital court to dispose of these cases efficiently and expeditiously. The e-court will resolve all cases digitally from prosecution to verdict and eliminate all physical and document matters. These new measures aim to reduce delays and increase transparency in the decision-making process. For example, e-filing allows courts and lawyers to submit documents online, reducing the time and effort required to resolve cases. Virtual hearings have gained popularity during the COVID-19 pandemic, allowing patients to make their voices heard without the limitations of physical space and ensuring that justice is delivered expeditiously. The main aim is to make justice more accessible, especially to those who do not have the opportunity to attend court in person. In this context, technology is seen as a tool that will create a bond between the judiciary and men and ensure that everyone has equal justice. Virtual court hearings are also expected to reduce the number of traditional courts, allowing them to access complex cases. If this model is successful, it could be replicated in other states and other situations to achieve the goal of digital justice. The success of these steps could lead to other reforms, such as artificial intelligence in decision-making, that could be useful for the bridge to data management and legal research. The document presents a digital court, a step forward in showing how technology has become one of the most important ways to reform justice. This has given access to justice at doorstep levels; hence, it is much more accessible and efficient, setting a very good example for future reforms within the Indian legal system toward 'justice for all'.
Section 149 of the Bharatiya Nyaya Sanhita, and some provisions of the Constitution of India. A fine of Rs 5 lakh was levied by the court. On the ground that he had raised an illegal and unconstitutional defence, the petitioner was fined Rs 10,000. The petitioners further claimed that many laws, especially those relating to the powers of the President, Parliament, State Legislatures, and the emergency powers, simply do not tally with the principles of justice and fairness. This kind of mistake is against principles and time. The Supreme Court bench, after being attentive to arguments, termed the PIL baseless and lacking massive evidence or prison grounding. It found that the provisions in query have remained in this area for decades and are vital for upkeep of public order and countrywide protection along with Section 149 BNS. The bench said that the charter is a protector of both individual rights and country power. Just due to the fact some legal guidelines are delegated to the kingdom does now not frequently make them unconstitutional. Emphasizing the function of the Judiciary in enjoyable PILs, Chandrachud said that courts need to be cautious approximately submitting frivolous and petitions that declare no regulation has a strict law.. It clarified that even though PILs are an essential tool to shield the criminal interest, this should no longer be used as a means to venture legal guidelines and guidelines. There need no longer be strain on this courtroom to file frivolous instances. Curative fees are a deterrent to submitting PILs which do no longer purpose public harm or improve any felony problems. We are dedicated to upholding and protective the integrity of present day felony hints as a way of selling the rule of thumb of regulation. The judgment sends an unequivocal message that in spite of the reality that the court docket docket is open to listening to disturbing situations in opposition to prison recommendations and policies, then such annoying situations have to be anchored on tips and proof. Debt healing further cements the precept of exercising of discretion and ensures courts stay focused on legitimate grievances.
In a tragic incident in which the People's Union for Civil Liberties has approached the Kolkata High Court for justice in connection with the alleged rape and murder of a intern doctor in one of the hospitals of Kolkata. The PUCL prayed before the court to direct the state government of West Bengal to file a detailed report on compliance by the hospital with the POSH at Workplace Act, 2013. The case is of a brutal rape cum murder of a young female trainee doctor within the duration of the hospital where she was working. The stunning nature of the crime has sent outrage rumbling throughout the united states of america with questions of protection and protection of women at offices, more so in fitness establishments. What it brings out is the want for stringent adherence to the hints of POSH, so that such heinous acts can be averted. In its petition, at the same time as PUCL has said critical difficulty and dissatisfaction on the truth that there is overall lack of ok safety care and protection for girls who work in the health center and has welcomed the performance of the Internal Complaints Committee (ICC) as mandated in POSH, there is room for doubt at the very robustness of the law below which the running environment has operated. PUCL has sought intervention from the Supreme Court and asked it to deal with the incident as a violation of recommendations of POSH, and to direct the sanatorium and the state authorities to pass orders to offer instant protection and assistance to the girls doctors in the clinic. The petition also prays for instructions for excessive degree enquiry within the depend as to whether or not the health facility had taken adequate measures to prevent sexual harassment of its girls personnel. PUCL has also emphasized that there have to be as no postpone in instituting measures, that allows you to make sure that such varieties of incident do not take place again and additionally to rejuvenate public religion inside the safety of medical centers. The POSH Act, handed in 2013, requires every region of employment, which once more additionally covers hospitals, to have ICC for preventing the court matters of sexual harassment. The act additionally calls for everyday training and consciousness programs for employees to ensure a secure running environment. Although the prevalence of such an incident in a Kolkata clinic raises query marks on how the enforcement of those clauses may be irreversible.
There is the case of a Muslim in Canada who had written a few Arabic verses all through the ritual. Their Lordships expressed the opinion that one of these situations may be used by bad elements to foment social disturbance or generate misgivings amongst groups in that country. A group of Muslim men was seen allegedly wearing Indian flags during a religious procession with Arabic verses. This act led to police complaints that the graffiti should harm the sentiments of different groups and did not admire national symbols. The Allahabad High Court took cognizance of the contentions and refused to quash the case. It held that whilst the Constitution does assure freedom of expression and religion, such rights include their concomitant duty not to offend the emotions of others or violate the regulation. With the countrywide flag symbolizing satisfaction and harmony amongst Indians, any change in its design or symbolism would have unintentional outcomes. The court articulated apprehension that such incidents may be used via people or agencies looking for to purpose social unrest. Such as India, wherein several religions and cultures coexist, the bench pointed out that it turns into essential to attend to movements that might be misinterpreted or used in a way to inflame family members among one-of-a-kind groups. The court docket also cautioned that while religious freedom was protected, it should be exercised in a way that has respect for the symbols and feelings of all groups. Subhash Kashyap has pointed out, in regard to the wider question of respect for the national flag, that non-religious verses inscribed on a national flag may still be seen, even if done with no malicious intent, as an attempt to communalize a national symbol at the cost of another community, hence disturbing this fine balance that underlies the communal harmony. It is a timely reminder of respect toward national symbols, especially being cautious in using them in contexts that can intersect with religious sentiments. It reaffirms the resolve of the judiciary not to tolerate any action that can have the potential to cause communal disharmony, irrespective of the intent. This lends impetus to the Allahabad High Court refusing to quash the case against the Muslim men carrying the Tiranga with Arabic verses is really driving home the importance of careful consideration in the use of national symbols in religious and cultural expressions. The judgment underlines the imperative need to maintain communal harmony in the diverse Indian society, where any action, even if well-intentioned, may have wide repercussions if it is considered disrespectful or damaging. While allowing the prosecution to continue, the court once again said that unity of the nation and respect to every community are to be protected at all times.
Prime Minister Narendra Modi has defined the abrogation of Article 370 and CAA as landmarks in India's felony and constitutional journey. Speaking at the event, PM Modi noted the two acts a few of the government's measures that replicate its dedication to countrywide integration and beliefs of humanity. He known as the abrogation of Articles 370 an vital step closer to the constitutional integration of Jammu and Kashmir with the relaxation of India. He underlined that uniformity become very important within the utility of laws within the whole country and the same was to be carried out for you to offer the people of Jammu and Kashmir with all feasible rights and benefits. The Prime Minister similarly claimed that the abrogation of the Article 370 removed all such hurdles, each legal and constitutional, which had served to keep the location remoted for a very long period and, from now on, the area might be absolutely integrated within the Indian Union. He said that this turned into in consonance with the hopes and aspirations of hundreds of thousands of Indians who believed that "One Nation-One Constitution" is the manner to move. On the other hand, the PM said that the Citizenship Amendment Act was a high instance of humane rules. He stated that the CAA has been framed for the reparation and sheltering of persecuted minorities in neighboring international locations like Pakistan, Bangladesh, and Afghanistan. The Prime Minister pointed to the moral and ethical elements of the CAA, pronouncing this reflects India's lengthy-held way of life of sheltering those in need. In stressing that the law was geared toward giving a new existence to the ones persecuted over religion and who took safe haven in India via giving them citizenship, India was adhering to these values of compassion and justice. He also went on to touch on the issues and criticisms, if any, regarding the CAA and asserted that it no longer discriminates against any community in India. He reiterated that the CAA came as a necessary response to historical and regional realities by the neighboring countries that benefit from the oppression of minorities. He further appealed to the criminal fraternity to view the CAA through a humanitarian prism and acknowledge the struggles of these leaders in balancing national security concerns with their humanitarian commitments. He praised the government for following the Constitution and thus allowing justice to prevail for one and all, stating that justice and rule of law are necessary for democratic society to exist. He finally concluded the speech by pointing out that his idea of cooperation is very important in uniting India into one, stronger and more inclusive, developing a country where the rule of law and human rights are valued, and let's promulgate the Constitution.
In a landmark ruling, the Bombay High Court has said that the law is the same for everyone, regardless of an entity's origin, while imposing a fine of ₹1 lakh on a German company for delaying judicial proceedings. It reiterated that dispensation of justice should be smooth and delays in legal process will not be countenance or at the belabored altar of geography and a glib indictment of organization intricacies. The case was a German company that wanted an extension of time to respond to the action because it is based in a foreign country and the issues at stake are complex, impacting the company's ability to give instructions from its headquarters in the meantime. It has to find ways and means of communicating with its headquarters on how to defend the case, whose issues are international and, without doubt, complex. Habeas corpus pleas, however, have been disposed of as having no merit by the Bombay High Court presided over by Justice Amit Borkar, saying that judicial process and timelines will not be different in the case of Indian and foreign entities either. The bench further observed that things will have to be allowed, to be proceeded against for enforcing the Statute of the land. The Court also noticed that if such grounds for taking delays were accepted, it would open a floodgate for uncalled-for litigations on flimsy grounds to circumvent and avoid timely justice. Justice Borkar, while pronouncing the judgment, commented that the Indian legal system does provide enough opportunities to all the parties concerned-irrespective of the country under consideration-to make themselves ready, wary, and to put forth their respective case before a Court of Law. It is in this respect, and the expectation is that corporate bodies who carry on business in India will familiarize themselves with the content of the applicable statutes and, in the event of litigation, will make every effort to comply with court orders and timetables. The Court emphasized that unnecessary delays not only burden the judicial system but also undermine the principles of fairness and justice on which the rule of law is based.
In a landmark judgment, the Supreme Court of India has held that a statement made by an accused under the Prevention of Money Laundering Act of 2002 against an investigating officer is not valid as the evidence before a court of law. This decision has reinforced constitutional rights of the accused, particularly the right against self-incrimination and applied as well the general criminal principle that bail is the rule of thumb as well as jail is the exception even in cases involving money laundering. 1. Inadmissibility of Confession The Supreme Court has defined that any statement made through the usage of an accused before an IO under the PMLA cannot quantity to proof against the accused in trial. This view is in tune with more general principles of criminal jurisprudence in which confessions against coercive factors or outside of strict prison formalities are held to be unreliable and incapable of admission. Such confession, elicited without granting the accused his right to criminal counsel, is in direct contravention of the fundamental right against self-incrimination under Article 20(3) of the Indian Constitution. 2. Application of the Principle is Bail is the Rule as well as Jail is the Exception The Court has iterated that even in cases under the PMLA, the general principle of law that "bail is the rule and jail is the exception" should apply. It brings out the imperative of guaranteeing that the accused are not unnecessarily deprived of their liberty in cases where the presumption of innocence continues to operate until the accused is found guilty. The Court also noticed that stringent conditions for granting bail in PMLA cases should not override the fundamental rights of the accused. 3. Protection of the rights given to the accused This decision has become a cornerstone that protects the rights of all persons committing financial crimes. The Supreme Court of Canada clarified that the legal rights accruing to the suspect are integral in the prosecution of white-collar crimes. Or, in other words, fair investigation procedures, such as the right to counsel and the right to combat personal injury, have to avoid abuses of state coercion by precluding decisions based on invalid acknowledgments. This decision serves to remind that whatever the gravity of the crime-money laundering-whatever the seriousness of the commercial crime, the rights of those accused must be protected. The Indian law thus has a procedure in the protection of human rights whereby it is envisaged that confessions are to be cancelled and rejected in the presence of the consent is a right according to international jurists and guides.
In a breaking order the Bombay High Court has ordered market regulator SEBI as well as exchanges NSE and BSE to pay costs of ₹80 lakh for their illegal freezing of the demat accounts of a father-son . The judgment underlines due process in regulatory proceedings and protection of constitutional rights. 1. Case Background and Court's Findings The two appellants were investors, a father and his son, whose demat accounts were whimsically frozen by the respondents-SEBI, NSE, and BSE. It was submitted that the impugned order was passed against the appellants without any prior notice, proper investigation, or sufficient legal ground for freezing their demat accounts. Such an action resulted in huge financial losses and caused disruptions to the investment activities of the appellants. Division bench of Justices GS Kulkarni also Firdosh P Pooniwalla, stated the action by Sebi, NSE, and BSE as illegal and invalid. The court stated that orders for freezing had been executed without conforming to the procedural requirements, which amounted to violation of the fundamental rights of account holders. It further noted that the regulatory bodies, before taking such a drastic measure, did not extend a fair opportunity to be heard to the parties whose accounts were affected. 2. Violation of Fundamental Rights The Bombay High Court, particularly, expressed its disapproval of the grave procedural defects in the action on the part of SEBI, NSE, and BSE. The court held that with the freezing of the 'demat accounts', there was a clear violation of constitutional rights under Article 19(1)(g) of the Constitution of India which means the right to practice any profession as well as to carry on any occupation, trade, or business. In freezing the accounts without due process, the regulatory authorities had, therefore, violated some of the fundamental rights of the investors, thereby occasioning illegal deprivation of their property. The bench made it clear that regulatory bodies, while doing their jobs, had to strictly accord with the dictates of natural justice and due process. The court further observed that such actions tend to cause damage not only to one individual investor but also dent the public confidence in the regulatory regime governing the financial markets. 3. Imposition of Costs and Warning to the Regulatory Bodies The Bombay High Court also held SEBI and the two stock exchanges jointly and severally liable and imposed costs of ₹80 lakh, apart from declaring freezing of accounts illegal. The money is to be paid as compensation to the father-son duo for financial loss and damage to reputation due to the illegal freezing of accounts.
The Kerala High Court has once again made it clear that no organisation or association can register itself by using the address of the High Court without seeking prior consent. This, the Assistant Registrar told KHCAA and other organisations concerned early this week. This was after it was realized that a number of organizations among them those from the legal fraternity were registering with the address of the High Court without any due authorization. The High Court through its administrative arm did declare that such cannot be permitted as this would undermine the use of the Court's address and pretend to reflect in any way on the authority of the Court. The Assistant Registrar, in the said letter, clarified that use of the High Court's address-without explicit permission-could not only confuse the public but also implicate the High Court in matters it may not be involved with. This improper use of the High Court's address would, in effect, destroy the dignity and sanctity of the judiciary, and a firm stand needed to be taken against such issues. The decision of the court in this respect reflects a concern of a more general nature, namely the protection of the judiciary's identity, the distinction thereof from private persons. In opposing use of its address, the High Court prevents its name and physical home being hijacked for purposes that might defame or otherwise tarnish it through association. The communication by the Assistant Registrar reminds all organisations, and most importantly those in the legal fraternity, of the essence of observing ethical standards in operations. Organisations should henceforth be certain to get appropriate clearance before aligning themselves with the judiciary in whatever nature, as well as using its address for registration and correspondence purposes. This move by the Kerala High Court aims at ensuring that the name and address of the high court are used only in an official capacity and with due authorization. It simply puts across the importance of keeping the judiciary out of any potential misuse or misrepresentation arising on the part of external entities.