Law

The 1993 Calcutta explosion killed 69 people after stockpiled explosives detonated inside a clandestine workshop. First CPM govt in 2007 and then TMC govt in 2015 tried to prematurely release mastermid behind the explosion, Rashid Khan.

The court said that the temple administration cannot claim any sovereignty or ownership over the temple idol.

"The proposed church would come up within a stone’s throw from the existing Mariyamman Temple. There are only a handful of Christian families. If a large church is proposed to be constructed in the vicinity of the Mariyamman Temple, mala fide intentions cannot be ruled out," the court observed.

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.

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.