Preliminary Inquiry Before FIR: A Panacea for Malicious Prosecution?

-By Saisha Singh Earlier this year the Delhi High Court, in the process of hearing a case about registering FIRs against BJP Leaders, who have delivered alleged hate speeches, which are being said as being instrumental in inciting violence in NCR, was seen reminding the police to follow guidelines as established by the case of …

Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part II

-By Sudev Singh This is the second part of a two-part series. In the first part the author throws light on the case of Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case. An attempt has been made to highlight the importance of this case in the context of …

Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part I

-By Sudev Singh Introduction - Background of the Controversy Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case involved a bundle of petitions, pertaining to the purchase of Rafale Fighter aircrafts by the Indian Government from France. Opposition parties and leaders alleged that the deal entered into by the …

The Three Justices’ Bench decision in Tofan Singh

-By Abhinav Sekhri This past week, a Three Justices' Bench had rendered its decision in the Tofan Singh reference [Crl. Appeal No. 152 of 2013, decided on 29.10.2020]. To recap, the reference had two questions placed before the Three Justices' Bench:  Whether an officer of the central / state government investigating a case under the …