Article 21 Constitution - The Legal Chamber

The Supreme Court upheld the continuation of criminal proceedings under Sections 9 and 9AA of the Central Excise Act, 1944, despite the quashing of adjudication orders on procedural grounds. Relying on Radheshyam Kejriwal, it ruled that parallel departmental and criminal proceedings are permissible, and discharge cannot be sought merely due to pending adjudication. The Court emphasized that prima facie evidence in the complaint justified the trial, rejecting technical objections under CrPC Section 245(2). It clarified that remand for de novo adjudication does not equate to exoneration on merits, ensuring criminal liability remains independent of administrative outcomes. Facts Of The Case: The case involved M/s Rimjhim Ispat Limited, M/s Juhi Alloys Limited, and Yogesh Aggarwal (Appellant...

The Supreme Court upheld the rights of prisoners with disabilities under the Rights of Persons with Disabilities Act, 2016 (RPwD Act) and Article 21 of the Constitution. It mandated accessible prison infrastructure, reasonable accommodations, and healthcare for disabled inmates, while emphasizing state accountability under UNCRPD obligations. The Court also reinforced compensation for rights violations and directed systemic reforms, including training for prison staff and periodic audits to ensure compliance with disability-inclusive standards. Facts Of The Case: The appellant, L. Muruganantham, a physically challenged advocate suffering from Becker Muscular Dystrophy (80% disability) and autism, was falsely implicated in a criminal case at the behest of his paternal uncle. Based on a fa...

Tag: Article 21 Constitution

Parallel Proceedings Valid: Supreme Court Clarifies Law in Central Excise Act Dispute

Supreme Court Awards Compensation & Reforms for Disabled Advocate From Torture to Justice