Category: Constitution

Freedom of Speech and Expression — Open Justice — Subjudice Principle — Contempt of Court – Such a direction, being a form of prior restraint, must satisfy twin tests of necessity and proportionality, applicable only in cases of real and substantial risk of prejudice to fairness of trial or proper administration of justice — Courts must be open to public observations, debates, and constructive criticism, even on subjudice matters, as open justice instills faith and checks judicial caprice

2025 INSC 656 SUPREME COURT OF INDIA DIVISION BENCH WIKIMEDIA FOUNDATION INC. Vs. ANI MEDIA PRIVATE LIMITED AND OTHERS ( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )…

Divergent Opinions — Where there is a divergence of opinion between judges on a Bench regarding the acceptance of an apology tendered by advocates for misconduct and the appropriate consequential orders, the matter should be placed before the Hon’ble Chief Justice of India for appropriate orders.

2025 INSC 509 SUPREME COURT OF INDIA DIVISION BENCH N. ESWARANATHAN Vs. STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE ( Before : Bela M. Trivedi and Satish Chandra Sharma,…