Posts

Showing posts with the label judicial accountability

Advocates as Officers of the Court: Supreme Court Upholds Judicial Sanctity in N. Eswaranathan v. State

Image
Advocates as Officers of the Court: Supreme Court Upholds Judicial Sanctity in N. Eswaranathan v. State By Abhishek Jat,Advocate Introduction The Supreme Court of India, in  N. Eswaranathan v. State Represented by the Deputy Superintendent of Police , delivered a stern judgment reinforcing the ethical obligations of advocates as officers of the court. The case highlights the judiciary’s intolerance towards professional misconduct, particularly when it obstructs the administration of justice. While Justice Bela M. Trivedi imposed strict penalties, Justice Satish Chandra Sharma advocated a more lenient approach, emphasizing forgiveness. This divergence underscores the delicate balance between accountability and compassion in judicial proceedings. Factual Matrix The petitioner, N. Eswaranathan, was convicted under various provisions of the IPC and the SC/ST (Prevention of Atrocities) Act, 1989, and his appeal was dismissed by the High Court. He initially filed a Special Leav...

Judicial Duty to Safeguard Freedom of Expression Regardless of Content: Supreme Court's Stance

Image
  Judicial Duty to Safeguard Freedom of Expression Regardless of Content: Supreme Court's Stance Author: Abhishek Jat, Advocate Introduction In a seminal judgment delivered on March 28, 2025, the Supreme Court of India in  Imran Pratapgadhi v. State of Gujarat  (2025 INSC 410) reinforced the inviolability of freedom of speech and expression under Article 19(1)(a) of the Constitution. The case arose from the criminal prosecution of a Member of Parliament for reciting a poem deemed inflammatory by the Gujarat Police. The Court’s ruling not only quashed the FIR but also laid down critical principles to prevent the misuse of penal laws to suppress dissent, emphasizing the judiciary’s role as the ultimate protector of constitutional rights. Factual Background and Procedural History The appellant, Imran Pratapgadhi, a Rajya Sabha MP, attended a public event where he recited a poem advocating non-violent resistance to injustice. The poem, which contained lines like...