Reforming Bail Jurisprudence: An Imperative for India
The fundamental objective of judicial administration is to establish uniformity and certainty in the decisions of the court, which fosters legitimacy in the legal system. When persons accused of the...
An Alarming Recall Order by the Indian Supreme Court: Should State Convenience Override the Rights of the Accused?
In Ritu Chhabaria vs Union of India, a two-judge bench of the Indian Supreme Court recently declared that the practice of filing incomplete criminal investigation reports would not extinguish the...
The Supreme Court of India Reads Article 21 Protection into the Stringent UAPA Bail Jurisprudence
The Unlawful Activities (Prevention) Act, 1967 (UAPA) is India’s primary anti-terrorism legislation. It is widely used by the government as a political tool to stifle internal dissent. To this end,...
Hong Kong’s highest court sets new test for bail under the National Security Law
In the Hong Kong Court of Final Appeal’s judgment dated 9 February 2021, HKSAR v Lai Chee Ying [2021] HKCFA 3, an appeal against an order of bail that had...
India’s Feeble Frontline Defence against Incarceration
An important constitutional safeguard against arbitrary incarceration is the fundamental right of an arrested person to be produced before a judicial magistrate within twenty four hours of the arrest. In...
