Law Adhyapana With Amisha

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University).

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University) People's Union for Civil Liberties [PUCL] vs. Union of India [AIR 1997 SC 568:(1997)1 SCC 301] Kuldip Singh and S. Saghir Ahmad,J B rief fact of the case: The petitioner, People's Union for Civil Liberties, a voluntary organisation filed a writ petition under article 32 of the contribution by the office of public interest litigation highlighting the incidents of telephone tapping in recent years. PUCL approached the Court on the basis of report on tapping of politicians' telephone by Central Bureau of Investigation (CBI). The petitioner head challenged the validity of Section 5(2) of the Indian telegraph act 1885 which authorised the state to intercept messages only on the occurrence of any public emergency or in the interest of public safety, if it is satisfied that it is necessary for experience and to do so in five given situations, in the interests of: The soverei...

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University). D.K. Basu vs. State of West Bengal [(1997) 1 SCC 417:AIR 1997 SC 610:1996(9) SCALE] Justice Kuldip Singh & Justice A.S. Anand Brief facts of the case: Dr. D.K. Basu, Executive Chairman of Legal Aid Services of West Bengal, a non-political Organisation address a letter to Chief Justice drawing his attention to certain news items published in the Telegraph, the Statesman and The Indian Express regarding deaths in police lockups and custody. This letter was treated as a writ petition by the court. Issue of the case: Whether, the crimes against persons in lockups or custody increasing day by day ? Whether, there is any arbitrariness of Policemen in arresting a person? Whether, there is any need to specify some guidelines to make an arrest? Judgement: The Apex Court assuming this letter as Public Interest litigation expressed its grave concern against such patent violation of...

  This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta University). Vishaka vs. State of Rajasthan [AIR 1997 SC 3011 : JT 1997 (7) SC 384] J.S. Verma, C.J.I., Mrs Sujata V. Manohar and B.N. Kirpal, JJ  Brief facts of the case : Bhanwari Devi was a village level social worker (saathin) of a development program run by the state government of Rajasthan fighting against child in multiple marriages in villages. She was subjected to gang rape after she tried to stop Ramkaran Gujjar infant daughter's marriage, who was less than a year old. The Gujjar were well connected people which led to the harassment of Bhanwari Devi after getting raped. The doctor refused to examine Bhanwari Devi after getting raped. Even at the police station Bhanwari Devi was taunted throughout the night. Later on the complaint was lodged in the police station. The trial court acquitted the accused. Letter on the High Court stated that it is the case of gang rape. sever...