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Regulatory News
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India's Bank Strike, Explained: Why a Signed 2024 Wage Agreement Still Hasn't Made Every Saturday a Bank Holiday

Briefly Editorial · 11 Sept

press_release

CDSCO Issues Guidance Documents on Pharmaceutical Regulations in India

Central Drugs Standard Control Organisation India · 20 Aug

Legal News
India
Legal News

Kerala High Court: P Balasubramanian Menon Designated Senior Advocate

The Kerala High Court in India recently designated veteran lawyer P Balasubramanian Menon as a Senior Advocate, an honour bestowed ahead of his 100th birthday on October 15, following an initiative by Chief Justice Soumen Sen. This significant development recognises Menon, who holds the Guinness World Record for the longest career as a practising lawyer, having commenced his legal journey in 1950 and continuing for over 76 years. The designation is particularly noteworthy as it might represent the first instance of the Kerala High Court conferring Senior Advocate status upon a lawyer primarily practising before Moffusil (subordinate) courts, highlighting a potential shift in the criteria or scope of such designations. This designation carries substantial legal significance for the legal profession in India, particularly within Kerala. The status of Senior Advocate is a prestigious recognition of a lawyer's exceptional standing, experience, and expertise in the legal field, often leading to higher fees, greater visibility, and the privilege of appearing in more complex and high-profile cases. For P Balasubramanian Menon, a key party in this development, it is a culmination of a remarkable career spanning over seven decades, during which he transitioned from criminal law to specialising in civil law after starting his practice at the Madras High Court and later moving to Palakkad. The involvement of Chief Justice Soumen Sen in initiating this designation underscores the judiciary's role in acknowledging and honouring distinguished members of the bar, potentially setting a precedent for recognising long-serving practitioners from all levels of the court system. The designation of Senior Advocate in India is primarily governed by Section 16 of the Advocates Act, 1961, and the rules framed by the respective High Courts and the Supreme Court. These provisions empower the Supreme Court and High Courts to designate an advocate as a Senior Advocate if they are of the opinion that, by virtue of their ability, experience at the Bar, or special knowledge of law, they are deserving of such distinction. The process typically involves a committee, often comprising the Chief Justice and senior-most judges, who evaluate candidates based on criteria such as standing at the Bar, legal acumen, integrity, and contributions to the legal profession. The mention of Menon practising before Moffusil courts is crucial, as Senior Advocate designations have historically been more common for lawyers primarily appearing before High Courts or the Supreme Court, making this a potentially groundbreaking recognition that broadens the traditional scope of eligibility. For practising attorneys and legal professionals, this development serves as a powerful reminder of the value of sustained dedication, ethical practice, and continuous contribution to the legal field. Attorneys should monitor how this designation might influence future considerations for Senior Advocate status, particularly regarding practitioners whose primary work is in subordinate courts. It reinforces the idea that profound legal expertise and a long-standing commitment to justice, regardless of the specific court level, can be recognised at the highest echelons of the profession. Furthermore, it highlights the importance of judicial leadership, as exemplified by Chief Justice Soumen Sen, in fostering a culture of recognition and respect within the legal community, encouraging all lawyers to strive for excellence throughout their careers.

10 Oct
India
Courtroom Update

Supreme Court: Delhi Protest Detention Hearing Set for Sunday

India's Supreme Court, specifically a bench of Justices Joymalya Bagchi and V Mohana, will hold a special Sunday sitting on October 11 to hear pleas challenging the preventive detention of opposition leaders, including former Chief Ministers, following protests in Delhi on Saturday. Senior Advocate Menaka Guruswamy has approached the apex court, arguing that the Delhi Police's action of detaining leaders and protesters, some even from their residences, suppresses the fundamental right to peaceful protest, particularly when directed against former state governors. This urgent hearing underscores the constitutional significance of balancing public order with individual liberties. This development carries substantial legal significance for practitioners, as it directly addresses the scope and limits of preventive detention powers in a democratic context, especially concerning political dissent. The Supreme Court's intervention, particularly on a weekend, signals the gravity with which it views potential infringements on fundamental rights. Furthermore, the simultaneous hearing of a contempt of court petition against high-ranking officials for alleged non-compliance with a prior court order regarding public transport shutdowns highlights the judiciary's commitment to upholding its authority and ensuring executive accountability. The outcome will provide critical guidance on the permissible extent of state action to curb protests and the enforceability of judicial directives. The legal context for this matter is rooted in the Indian Constitution, primarily Article 19(1)(a) and (b), which guarantee freedom of speech and expression and the right to assemble peacefully, and Article 21, which protects personal liberty. Preventive detention laws, such as those under the Code of Criminal Procedure, must be exercised within the constitutional framework and established judicial precedents that safeguard these rights. The contempt proceedings are governed by the Contempt of Courts Act, 1971, and the Supreme Court's inherent powers to punish for contempt, ensuring that its orders are respected by all authorities. The key parties involved include Senior Advocate Menaka Guruswamy as the petitioner for the detention plea, the Delhi Police as respondents, and advocate Shailendra Mani Tripathi as the petitioner for the contempt plea against Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar, and DMRC Chairperson D Thara. Practitioners should closely monitor the Supreme Court's pronouncements, as they will clarify the legal boundaries for preventive detentions during protests and the obligations of executive authorities to comply with judicial orders. The ruling will be crucial for advising political parties, activists, and civil society organizations on their rights and the permissible forms of protest. Businesses, particularly those involved in public transport or event management, should also take note of any directives regarding public movement and services during periods of protest, as non-compliance with court orders can lead to severe consequences for officials and entities involved. The judgment will shape future interactions between the state and citizens regarding the exercise of fundamental rights.

10 Oct
India
Case Law

Delhi Court: Questions Minister Not Defamation, Dismisses Verma's Complaint

A Delhi court, specifically Additional Chief Judicial Magistrate Neha Mittal of the Rouse Avenue Courts, on Saturday rejected a criminal defamation complaint filed by Delhi Deputy Chief Minister Parvesh Verma against Aam Aadmi Party (AAP) leader Saurabh Bharadwaj, ruling that questioning the government does not amount to defamation. The court emphasized that in a democracy, the press and public have a right to ask questions of the government, and elected officials must be open to differing opinions, stating that a contrary view would be a "dark spell in the era of democracy." This ruling holds significant legal importance for practitioners, particularly those advising politicians, media organizations, and individuals engaged in public discourse. It reinforces the robust protection afforded to freedom of speech and expression under Indian law, especially when it involves criticism or questioning of government officials and policies. The judgment sets a high threshold for what constitutes criminal defamation in the context of political commentary, underscoring that public figures, by virtue of their office, are subject to greater scrutiny and must tolerate criticism. This decision helps prevent the misuse of defamation laws to stifle legitimate dissent and promotes a vibrant democratic environment where accountability is encouraged. The legal context for this case primarily involves the interpretation of Sections 499 and 500 of the Indian Penal Code (IPC), which define and penalize criminal defamation, in conjunction with Article 19(1)(a) of the Indian Constitution, guaranteeing the fundamental right to freedom of speech and expression. This right, while not absolute, can only be subjected to reasonable restrictions under Article 19(2). The court's observations align with established jurisprudence that distinguishes between genuine defamatory intent and legitimate criticism of public functionaries. The key parties involved were the complainant, Delhi Deputy Chief Minister Parvesh Verma (also referred to as Parvesh Sahib Singh), and the accused, AAP leader Saurabh Bharadwaj, with the matter adjudicated by ACJM Neha Mittal at the Rouse Avenue Courts. Practitioners should advise clients that while freedom of speech is a cornerstone of democracy, it is not unfettered. However, this judgment provides a strong precedent that mere questioning or criticism of government actions or officials, even if robust, is unlikely to be deemed defamatory unless malicious intent to harm reputation without public interest can be clearly established. Attorneys should guide public figures on the necessity of tolerating criticism and advise media and activists on the boundaries of fair comment and responsible reporting, ensuring that their statements are factually based or represent honest opinions on matters of public concern. This ruling encourages a more open and critical public sphere.

10 Oct
India
Case Law

Madhya Pradesh High Court: Condonation of Delay for Lawyer Error

On October 8, 2026, the Madhya Pradesh High Court at Indore, through Justice Vinay Saraf, condoned a 1,093-day delay in challenging an ex parte specific performance decree, restoring the plea subject to costs, on the grounds that a litigant should not suffer due to their lawyer's mistake. This ruling holds substantial legal significance for practitioners, as it reinforces the principle that substantive justice should not be defeated by technicalities, particularly when a litigant's rights are prejudiced by the actions or omissions of their legal counsel. It provides a crucial precedent for the application of Section 5 of the Limitation Act, 1963, emphasizing that the

10 Oct
India
Case Law

Karkardooma Court: Tahir Hussain Convicted for Abetting Rioting in Dayalpur

On a Saturday, a Delhi court, specifically Additional Sessions Judge Praveen Singh of Karkardooma Court, convicted former Aam Aadmi Party (AAP) councillor Tahir Hussain of abetment to rioting under Section 147 read with Section 109 of the Indian Penal Code (IPC) in a case related to the February 2020 northeast Delhi riots in the Dayalpur area, while acquitting twelve co-accused of all charges. This conviction marks a significant development in the ongoing legal proceedings related to the 2020 Delhi riots, demonstrating the judiciary's process of holding individuals accountable for their roles in widespread violence. The differential outcome for Hussain and his co-accused underscores the principle of individual culpability and the stringent requirement for specific evidence to establish guilt for each charge and individual, even within a larger context of public disorder. The acquittal of the twelve co-accused highlights the rigorous standard of proof required in criminal cases and the challenges in proving collective guilt without specific individual links to the alleged offences. The legal context of this decision is rooted in the Indian Penal Code (IPC), 1860, specifically Section 147 (punishment for rioting) read with Section 109 (abetment). Rioting, as defined under Section 146 IPC, involves the use of force or violence by an unlawful assembly, while abetment under Section 107 IPC encompasses instigating, engaging in conspiracy, or intentionally aiding an act. The court also considered other charges such as damage to property, mischief by fire, and criminal conspiracy, from which Hussain was acquitted, and all co-accused were acquitted. The proceedings took place within the criminal justice system, with an Additional Sessions Judge presiding over serious criminal cases. The outcome of the sentence for Tahir Hussain is not yet reported, with arguments scheduled for November 16, and the detailed order providing the specific reasons for the conviction and acquittals is still awaited. The key parties involved in this matter are former AAP councillor Tahir Hussain, who was convicted, and the twelve co-accused who were acquitted: Mohammad Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid, Mohammad Rihan, Mohammad Abid, Arshad Qayyum, Irshad Ahmed, Deepak Singh Saini, Navneet, and Mehak Singh. The presiding judicial authority was Additional Sessions Judge Praveen Singh of the Karkardooma Court. For practitioners, this case illustrates the complexities of prosecuting large-scale public disorder events and the high evidentiary bar for criminal convictions. Attorneys involved in riot-related cases should note the importance of specific evidence linking individuals to particular acts or abetment, as evidenced by the acquittal of the co-accused. The awaited detailed order will be crucial for understanding the court's precise reasoning on what constituted sufficient evidence for abetment in this context, offering valuable insights into the judicial approach to such charges. Practitioners should closely monitor the sentencing arguments and the release of the detailed judgment for further guidance on the interpretation and application of IPC sections related to rioting and abetment.

10 Oct
India
Case Law

AIAC: Malaysia Strengthens ADR Ecosystem for Asia ADR Week 2026

The AIAC Asia ADR Week 2026 will convene diverse stakeholders to discuss the future of dispute resolution. The event's theme is "Kainos: Where Vision Transforms Future," focusing on forward-looking developments.

10 Oct
India
Case Law

India Supreme Court: Bifurcates Cause List into Part A, Part B

The Supreme Court of India has revised its arrangement of the cause list, effective immediately, by introducing a new sequencing system that divides matters into two parts: Part A for fresh and early-hearing matters, and Part B for after-notice matters. This procedural change was announced by the Supreme Court Bar Association (SCBA), detailing that the cause list will now be published in two distinct sections. Part A will exclusively feature fresh matters and those specifically listed for early hearing, while Part B will encompass matters that have progressed beyond the initial notice stage. This new system marks the end of the previous practice where a sequence was assigned to matters at 10:30 a.m. on the day of hearing, aiming to bring greater clarity and predictability to the daily court schedule. The legal significance of this revision lies in its potential to streamline court proceedings and enhance efficiency for legal practitioners. By clearly segregating different categories of cases, the Court aims to improve case management, potentially reducing waiting times and the need for last-minute adjustments to court schedules. This structured approach could lead to more focused preparation for counsel, as the nature of the matters listed in each part will be distinct, allowing for better allocation of time and resources. As the apex judicial body, the Supreme Court of India possesses inherent powers to regulate its own procedures, including the management of its cause list, under its established rules. While this is not a statutory amendment, it represents an administrative refinement impacting the practical application of the Supreme Court Rules, particularly those governing the listing and hearing of cases. The key parties involved are the Supreme Court of India, the Supreme Court Bar Association (SCBA) which disseminated the information, and all legal practitioners appearing before the Supreme Court. Attorneys appearing before the Supreme Court must familiarise themselves thoroughly with this new two-part cause list structure. It is crucial to pay close attention to whether their matters are listed in Part A or Part B, as this will dictate the stage of the proceedings and the urgency of preparation. This change necessitates a shift in how practitioners monitor their cases and plan their court appearances, aiming for greater efficiency and strategic planning in their daily practice before the apex court.

10 Oct
India
Case Law

NHRC: Delhi Police Sexual Harassment at Jantar Mantar Probed

The National Human Rights Commission (NHRC) in India, on an unspecified date, took suo motu cognizance of allegations of sexual harassment against Delhi Police personnel involving three women journalists during a protest at Jantar Mantar on October 3, 2026, and has sought a detailed report from the Delhi Police Commissioner within two weeks. The NHRC initiated this action following serious allegations claiming that three women journalists were subjected to sexual harassment by Delhi Police personnel during a protest. The incident reportedly occurred at Jantar Mantar on October 3, 2026. Following its proactive cognizance, the NHRC has formally requested a comprehensive report on the matter from the Delhi Police Commissioner, setting a deadline of two weeks for its submission. The outcome of this matter is not yet reported, as the NHRC's inquiry is in its initial stages. This action by the NHRC carries significant legal weight, underscoring its vital role as a watchdog body for human rights in India, particularly concerning alleged abuses by state actors. Taking suo motu cognizance demonstrates the NHRC's proactive approach in addressing serious public interest matters, especially those involving vulnerable professionals like journalists and allegations against law enforcement. It highlights the accountability mechanisms in place for police conduct and the importance of protecting fundamental rights, including the right to dignity and freedom from harassment, even during public assemblies. The NHRC operates under the Protection of Human Rights Act, 1993, which empowers it to inquire into violations of human rights or negligence in the prevention of such violations by a public servant. Its power to take suo motu cognizance is a crucial aspect of its mandate. The allegations touch upon fundamental rights guaranteed under the Indian Constitution, including Article 21 (right to life and personal liberty, encompassing dignity) and Article 19(1)(a) (freedom of speech and expression, relevant for journalists). The key parties involved are the National Human Rights Commission (NHRC), the Delhi Police Commissioner, Delhi Police personnel, and the three women journalists who are the alleged victims. Legal professionals, particularly those involved in human rights, media law, or police accountability, should closely monitor the NHRC's inquiry and the Delhi Police's response to this serious allegation. This case serves as a reminder of the NHRC's powers and the avenues available for redress in cases of alleged human rights violations by state authorities. It also reinforces the critical need for law enforcement agencies to ensure proper training and conduct among their personnel, especially when interacting with the public and media during protests, to uphold constitutional rights and avoid such serious allegations.

10 Oct
India
Case Law

Delhi Court: Sharjeel Imam Interim Bail Media Violation Cancels Release

A Delhi court on Saturday determined that Sharjeel Imam violated an interim bail condition in the Delhi riots conspiracy case by interacting with the media, though his bail was not cancelled as he was due to surrender that evening. Additional Sessions Judge Sameer Bajpai of Karkardooma courts found that Imam, who had been granted seven days of interim bail from October 4 to October 10 to attend family wedding functions, breached a specific condition prohibiting contact with the media or use of social media. The prosecution, led by Special Public Prosecutor Madhukar Pandey, presented YouTube and X videos as evidence, arguing that Imam's presence in a room while his brother gave an interview to ANI, and his interaction with others present, constituted a violation. Despite arguments from Imam's counsel, Advocate Talib Mustafa, who contended that Imam neither interacted with journalists nor gave an interview, and that the video was a compilation, the court rejected the defence's position after reviewing the video evidence. This ruling holds significant legal importance for practitioners, as it underscores the strict interpretation and rigorous enforcement of bail conditions by Indian courts, particularly in high-profile or sensitive cases. It serves as a critical reminder that even passive presence during a prohibited activity, such as a media interaction, can be deemed a violation of bail terms. For accused individuals and their legal teams, this emphasizes the absolute necessity of scrupulous adherence to every condition imposed by the court, as any perceived breach can have serious repercussions, including potential bail cancellation or adverse impacts on future applications. The legal context for this matter is rooted in the Code of Criminal Procedure, 1973, which governs the grant and conditions of bail (e.g., Sections 437, 438, 439). Courts have inherent powers to impose conditions deemed necessary to ensure the accused's presence, prevent tampering with evidence, or prevent further offences. The court's decision to not cancel bail, despite finding a violation, due to Imam's imminent surrender, demonstrates a pragmatic exercise of judicial discretion, balancing the breach with the practicalities of the situation and the limited remaining duration of the interim bail. The Delhi riots conspiracy case itself involves serious charges, often under the Indian Penal Code and the Unlawful Activities (Prevention) Act, where bail conditions are typically stringent. The key parties involved are the Delhi court, specifically Additional Sessions Judge Sameer Bajpai of Karkardooma courts, Sharjeel Imam as the accused, represented by Advocate Talib Mustafa, and the prosecution, represented by Special Public Prosecutor Madhukar Pandey. Practitioners must advise clients on bail to maintain an extremely cautious approach, ensuring they understand that even indirect or passive involvement in activities prohibited by bail conditions can lead to a finding of violation. It is crucial to counsel clients to avoid any situation that could be misconstrued as a breach, as courts are vigilant in upholding the integrity of their orders, and a finding of violation, even without immediate bail cancellation, can negatively impact future legal proceedings.

10 Oct