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LawChakra

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“‘We will not be mute bystanders while this kind of hijacking of democracy happens.’ — Supreme Court of India. A 201-vote victory. 279 rejected postal ballots. Only 8 later found valid. Yet the Returning Officer allegedly went beyond the court’s order and reopened over 1,200 already validated postal ballots — ultimately unseating the elected MLA and declaring another candidate the winner. Inside the Supreme Court today, judges repeatedly questioned one central issue: How can already validated ballots be re-verified when the High Court order only spoke about rejected ballots? The bench made it clear: “There is no question of re-verification of already validated postal ballots.” And when counsel argued that the new MLA had already been sworn in, the Court responded: “So what? It has to be reversed.” The Court also warned: “Fait accompli is not going to help.” And most significantly: “We cannot let you hijack democracy like this.” Now the entire electoral process in Karnataka’s Sringeri seat is under the Supreme Court’s scanner — with questions being raised over recounting powers, Returning Officer conduct, and whether constitutional democracy can be altered through procedural overreach. This case may become one of the most important election law battles in recent years. Kapil Sibal Kalyan Banerjee Mukul Rohatgi #SupremeCourt #Democracy #ElectionCommission #Karnataka #ElectionLaw #PostalBallots #IndianPolitics #Constitution #Judiciary #BreakingNews #RuleOfLaw #ElectoralReforms #Sringeri #KapilSibal #democracyunderthreat

LawChakra

76,260 次观看 • 2 个月前

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One week. Three shocks. And a political-legal storm that’s only getting louder. In just days, Arvind Kejriwal faces a triple blow—seven Rajya Sabha MPs walk out, his former strategist Sandeep Pathak is hit with two non-bailable FIRs within 48 hours, and the Delhi High Court—through Justice Swarna Kanta Sharma—firmly rejects his recusal plea, calling it a “Catch-22” strategy. But this isn’t just politics making headlines—it’s two high-stakes legal battles unfolding in parallel. On one side, Pathak’s FIRs raise serious constitutional questions: Is this legitimate prosecution or political vendetta? With just an 8-day gap between defection and FIRs, the case could become a textbook test under precedents like Lalita Kumari v. State of Uttar Pradesh and State of Haryana v. Bhajan Lal. The next move—quashing in the High Court or anticipatory bail—could set the tone for what follows. On the other side, the courtroom drama intensifies. Justice Sharma’s refusal to step aside isn’t just a procedural call—it’s a strong message: courts cannot be steered by strategy or pressure. Her words cut deep—recusal, in this case, would have meant “abdication of duty.” And that’s where this story becomes bigger than individuals. India still has no codified law on judicial recusal, relying instead on principles like nemo judex in causa sua—no one should judge their own cause. Yet, this case adds a new layer: when does recusal protect fairness, and when does it become a litigation tactic? Now, all eyes are on what comes next: Will Pathak secure relief from the High Court? Will Kejriwal’s discharge in the excise policy case survive revision? And politically—will more exits follow? Because one thing is clear: Kejriwal is now fighting on two fronts—legal and political—and the next 30 days could redefine both battles. Stay tuned. The next update could change everything. Arvind Kejriwal AAP Bhagwant Mann #supremecourtofindia #delhihighcourt #antidefectionlaw #CBI

LawChakra

48,390 次观看 • 2 个月前

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“Why is nobody arresting the alleged kingpin?” That explosive question echoed inside the Supreme Court as Advocate Prashant Bhushan pointed to ED, CBI, and SEBI findings in the alleged ₹27,000+ crore Yes Bank–Anil Ambani-linked scam. Bhushan argued that while agencies have charge-sheeted Anil Ambani, Anmol Ambani, Rana Kapoor and others, lower-level functionaries are being arrested — but the “main accused” remains untouched. He called it “puzzling” and compared the treatment to a “holy cow” beyond arrest. The Court, however, made its position clear: ⚖️ Courts will be “extremely shy” in directing arrests. ⚖️ Investigation monitoring is about evidence preservation, witnesses, and fair process — not sensationalising arrests. ⚖️ Arrest cannot become automatic merely because allegations are serious. The Bench also referenced evolving jurisprudence from landmark rulings like *Satender Kumar Antil* and *Pankaj Bansal*, emphasizing that liberty, cooperation in investigation, and due process remain central to criminal law. At the heart of the hearing lies a deeper constitutional question: Can courts monitor massive financial investigations without crossing into executive decision-making? The hearing exposed the growing tension between public demand for accountability in high-profile financial scams and the judiciary’s caution against turning arrest into a spectacle. Prashant Bhushan Kapil Sibal #SupremeCourt #AnilAmbani #YesBank #CBI #ED #SEBI #PrashantBhushan #LegalNews #IndianJudiciary #FinancialScam #LawChakra #BreakingNews #RanaKapoor #CorporateFraud #CriminalLaw

LawChakra

19,497 次观看 • 2 个月前