The Allahabad bench ruled that the recent cluster of Supreme Court decisions on illegal arrest and habeas corpus, the second set, did not appear to have taken into account the older, more detailed line of precedents that had sketched out the entire criminal procedure. Because of this, the bench ruled that those newer rulings are not binding precedents and hit by the principles of stare decisis, that is, they cannot overturn the more established, well reasoned position.
The court said survey, notification and legal proof of dedication are mandatory before treating a property as Waqf, and held that the Board cannot assume automatic control over a Muslim religious institution.
Parliament took a clear legislative choice in drafting Sections 3(1)(r) and (s) to connect those specific offences to a public element, and courts are not free to read out that element simply because a commentator finds it inconvenient.
TMC leader Sabyasachi Dutta has been arrested in a case registered on the complaint lodged by a businessman, accusing Dutta, of extorting lakhs of rupees from him in 2018.