journal

Analysis

2023 Summer Session Review: Notable Hearings

SCO reviews the progress in key cases from March to May 2023.

and

24th May 2023

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Analysis

Countdown to Vacation: What does the SC Have on its Docket?

DESK BRIEF: SCO lists key cases the SC is expected to hear over two weeks as its before its 40 day vacation this month.

8th May 2023

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Channel

Daily Update September 5th: Hijab Ban, Sanjay Mishra’s ED Tenure, Uniform Marriage and Succession

We discuss a possible 9-Judge Bench Reference in Hijab Ban, the effect of tenure extensions on special investigative bodies and the UCC.

5th Sep 2022

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Analysis

SCO Shorts: The Money Laundering Judgment (PMLA)

On July 27th, 2022, the SC held that the Prevention of Money Laundering Act must be stringent, as it was designed to tackle a heinous crime.

9th Aug 2022

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Analysis

Looking Ahead 2022: SC on Special Investigative Bodies

In 2022, the Supreme Court will engage with three important cases that deal with the independence of special investigative bodies. 

29th Dec 2021

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Analysis

CJI Ramana Criticises ‘Indiscriminate’ Use of PMLA Powers

CJI Ramana and Bopanna J cautioned against rampantly using PMLA to arrest individuals.

16th Dec 2021

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cases

Karti P. Chidambaram v Enforcement Directorate

The Supreme Court will decide if the Enforcment Directorate is obligated to provide the accused with the EDIR filed against them, and if the reversal of the presumption of innocence in money laundering cases is constitutional. The outcome of this review will have an impact on the rights of an accused person in India’s criminal jurisprudence. It will decide if an accused can be presumed guilty until proven otherwise.

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Dr. Jaya Thakur v Union of India

The Supreme Court will decide whether the Central Vigilance Commission (Amendment) Ordinance, 2021 and the Delhi Special Police Establishment (Amendment) Ordinance, 2021, which allow the Union to extend the tenure of the CBI and ED directors, are unconstitutional. The independence of these investigative bodies hangs in the balance of this case.

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Bench:B.R. Gavai J, Vikram Nath J, Sanjay Karol J

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Vijay Madanlal Choudhary v Union of India

The Supreme Court upheld the wide investigative powers of the Directorate of Enforcement and the restrictive bail conditions under the Prevention of Money Laundering Act, 2002.

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