Rest The Case’s Post

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“Judges can only be independent if they stay true to their oath. No external pressure can influence us if we remember our oath.” A powerful message on upholding judicial integrity! Click the link below to read full details on EastLaw.pk https://lnkd.in/gU8AzRyN #JudicialIndependence #JusticeAtharMinallah #LegalNews #EastLawNews #LegalResearch #SupremeCourtofPakistan

The casual issuance of non-bailable warrants (NBWs) by Courts, despite explicit directives from the Hon'ble Supreme Court, has long been a concern. Emphasizing that NBWs should not be issued casually or hastily, the Hon'ble Apex Court has, underscoring the need for judicial discretion and diligence, reiterated that the NBWs shall not be issued unless there are chances of absconding of accused or there is apprehension of tampering of evidence The Hon'ble Supreme Court has earlier in the case of 'Inder Mohan Goswami and Another v. State of Uttaranchal and Others, (2007) 12 SCC 1' culled out the directions for issuance of NBWs in complaint cases, wherein it was held that, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable- warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. The Hon'ble Supreme Court has further stated that personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants. The power being discretionary must be exercised judiciously with extreme care and caution. The court should properly balance both personal liberty and societal interest before issuing warrants. There cannot be any straight-jacket formula for issuance of warrants but as a general rule, unless an accused is charged with the commission of an offence of a heinous crime and it is feared that he is likely to tamper or destroy the evidence or is likely to evade the process of law, issuance of non-bailable warrants should be avoided. The Court should try to maintain proper balance between individual liberty and the interest of the public and the State while issuing non-bailable warrant. #Supremecourt #law #Advocate #Nonbailablewarrants #livelaw #sinhaandpartners #SC #NBWs #judgment #recentjudgment

#ECHR #XvGreece Important judgment yesterday on Articles 3 & 8 (positive obligations) regarding the criminal investigation of an alleged offence of rape. Lack of effective application of domestic legal texts, including the ones transposing the Victims Rights Directive. In particular, lack of application of the rights of victims from another state. Improper evaluation of evidence and biased decisions. Violation of Article 3 & 8.

Yesterday was largely devoted to continuing the pleadings in the #SKYECC case currently underway in the judicial district of Liège. This case, involving 35 defendants, not counting the civil parties, is sprawling due to the variety of charges and the geographic scope of the criminal acts. Once again, the pleadings have highlighted serious inaccuracies in the conduct of police investigations, as well as significant and detrimental inaccuracies in the indictments presented by the Public Prosecutor's Office.The right to a fair trial, an investigation with both inculpatory and exculpatory evidence, and respect for the rights of the defense are, it must be reiterated, the pillars of a state governed by the rule of law. #RuleOfLaw #LegalProceedings

Criminal allegations can have significant consequences, whether in federal or state courts. Our blog post discusses your rights and the legal process. https://lnkd.in/eptUgAzv - - - #wkm #defenselawyers #criminaldefense

While the intention to prevent undue hardship on individual is Nobel; India, like many other nations, grapples with a diverse range of criminal activities, from white collar crimes to serious offences against humanity. Each case presents a unique challenge and decision to issue a non bailable warrant often hinges on the severity of the offence and the risk posed by the accused. However, by imposing stringent criteria for the issuance of non bailable warrants, we risk undermining the very essence of justice and impeding the effective functioning of law enforcement agencies. In a country as vast and complex as India, where logistical challenges and bureaucratic hurdles are prevalent, such restrictions could potentially hinder the timely apprehension of the suspects and the gathering of crucial evidence. Moreover, the notion that only heinous crimes warrant the issuance of non bailable warrants overlooks the prevalence of sophisticated criminal activities that may not fall under the definition of ‘heinous’. White collar crimes, financial frauds, cybercrimes and other offences can have a far reaching consequences for individuals, businesses and the economy. Additionally, the risk of evidence destruction cannot be sole detriment for issuing non bailable warrants. It is important to strike a balance rather blanket restrictions, where all can site this as a way out in the court of law. #lawandorder #judicialreform

"The issue at hand is whether the utterance of the words 'mara mara' would amount to an offence under Section 34 of the IPC. The words might have simply been used in the context of attempting to beat the victim," the Bench observed. The Court concluded that there was no evidence to suggest that the accused had a premeditated plan or a shared intention to commit the murder. "Without a common intention, Section 34 of the IPC cannot be invoked," the Court clarified. #LegalNews #BombayHighCourt #IPC #Justice #LawUpdate #MurderCharge #CommonIntention #IndianLaw #LegalNews #LegalEvolv

🚨 ⚖️ HAPPENING NOW: If you would like to help out in any way with this very important (and likely precedent-setting) long-term care case attracting considerable media attention and are an Ontario lawyer or an Ontario law student, please let me know. Experience and (intimate) familiarity with one or more of the Fixing Long-Term Care Act (FLTCA), the Substitute Decisions Act (SDA), the Trespass to Property Act (TPA), the Health Care Consent Act (HCCA), the Police Services Act (PSA), and/or the Municipal Act are essential. If applicable or also of interest to you, a strong desire to further, and ultimately, hold those accountable in this crucial case for the reprehensible misconduct and the egregious, inhumane actions of parties acting provably in bad faith, by helping to bring some or all aspects of the case before the Superior Court of Justice is also welcomed, but not required. However, if this were to occur and the outcome were successful financially (as I expect), you'd be the first (and only) one to be rewarded generously, with the remaining balance, if applicable, going to charity. Please don't hesitate to contact me directly by phone at 587-582-8335 at your convenience, if you can help by contributing to this pursuit of justice. Thank you. MGJ: Courage Advocating for Seniors cc: Jan Goddard (& Team), Melissa Miller, Adam Wagman, Jim Davidson, Paul Cahill, Chris Morrison, Mike Henry, Neil Sacks, Advocacy Centre for the Elderly, Katie Pedersen, David Common, Lise Vaugeois, Maria Sardelis, J.F. Lalonde, Greg Meeds (Greg, please tell Peter I'm a good, old friend of former partner James Jackson RIP 🙏) #ontariolawyers #ontario #longtermcare #elderlaw #elderabuse #police #misconduct