Category: Constitution

NIRBHAYA CASE : Constitution of India, 1950 – Articles 32, 72 and 161 – Mercy petition – Delay in disposal of mercy petition may be a ground calling for judicial review of the order passed under Article 72/161 of the Constitution – But the quick consideration of the mercy petition and swift rejection of the same cannot be a ground for judicial review of the order

SUPREME COURT OF INDIA FULL BENCH MUKESH KUMAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R. Banumathi, Ashok Bhushan and A.S. Bopanna, JJ. )…

Constitution of India, 1950 – Article 142 – Writ of Habeas Corpus – Non-benfit of Premature release – Petitions for habeas corpus were filed on the ground that the State has not given benefit of the premature release referred to the petitioners whereas many others have been given the benefit – It is a settled principle of law that a writ of habeas corpus is available as a remedy in all cases where a person is deprived of his/her personal liberty

SUPREME COURT OF INDIA DIVISION BENCH THE HOME SECRETARY (PRISON) AND OTHERS — Appellant Vs. H. NILOFER NISHA — Respondent ( Before : S. Abdul Nazeer and Deepak Gupta, JJ.…