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Showing posts from April, 2018

SC/ST Atrocities judgment, a different perspective

It is not unusual that the decisions of the Supreme Court are counter-majoritarian in that they hold views against what are popular or what could pander to mass sentiments. The recent conflagration is a symptom of how we are slowly allowing populism to judge the quality of judgments and give no heed to the legal underpinnings justifying the conclusions in the judgment. The recent one in Dr. Subhash Kashinath Mahajan v The State of Maharashtra in Crl App No 416 of 2018 dt 20th March 2018 that has sent the country in to a frenzy, even if not popular, is driven through sound legal principles and not very easy to dislodge. It has examined the protection sought by a person claiming to be innocent but against whom proceedings were initiated under the SC/ST (Prevention of Atrocities) Act. The focus was therefore required to examine within the framework of law the manner of how the Atrocities Act could be enforced punishing the persons guilty with the vigour that the Act expounds with...

Stampede deaths at the Railway Premises

The injured victims and representatives of the deceased in Mumbai's Wellington bridge stampede in September 2017 got compensation, subject to a maximum of 8 lacs, as per the scales provided under the Railway Claims Tribunal Act. The Railway Administration got a shot on its arm by praises from the press and the public in its stand not to contest the claims before the Tribunal. The Tribunal at Mumbai did a quick work at it awarding compensation of 8 lacs to next of kin of dead victims and lesser sums to persons injured, all in a day’s sitting. The status of victims as passengers was assumed, particularly in view of the fact that the bridge was exclusive for train commuters connecting the Parle Central Railway platform and West Wellington Railway platform to the flower market nearby. In all this, it was made to appear that the Railways did a charitable act of leaving the decision- making to the Claims Tribunal without at the same time admitting liability.   The assumption is wrong,...