Thursday, May 19, 2022
Outlook.com

In Search Of The Escape Clause

A trial has never been moved out of a state in India. Will Best Bakery depart from the norm?

In Search Of The Escape Clause
AP
In Search Of The Escape Clause
outlookindia.com
-0001-11-30T00:00:00+05:53

Is there a legal avenue through which the cases can be moved out of Gujarat, as the victims are now demanding? "Technically yes. If the Supreme Court wants, it can take suo motu cognisance of the case and move it to a court outside Gujarat,'' says former Bombay High Court judge Hosbet Suresh. Adds Prashant Bhushan, senior Supreme Court lawyer: "Zaheera's point is correct. Given the situation in Gujarat, it is impossible to expect a fair trial. But the high court is not authorised to transfer trials from within its own jurisdiction.''

Even though the apex court is seized of the matter, there is no precedent in Indian legal history where a case has been moved out of a state. But there could well be a first time. Currently there are four public interest litigations (PILS) lying with the apex court. These include the PILS filed by artiste Mallika Sarabhai, Gandhian Devendrabhai Pathak, writer Mahashweta Devi, represented by ngo Action Aid and its head Harsh Mander, and one filed by journalist Kuldip Nayar and activist Teesta Setalvad, among others.

Outlook Newsletters

Read More from Outlook

Lament Of Separation: Songs Of Habba Khatun, Last Queen Of Kashmir, Still Echo In Valley

Lament Of Separation: Songs Of Habba Khatun, Last Queen Of Kashmir, Still Echo In Valley

In happy times and sad, Habba Khatun’s sensuous songs make both young and old emotional. With the never-ending conflict bringing tragedies to every doorstep, Habba’s lyrics of separation amplify their mourning.

How Indian Laws Govern People’s Right To Love And Live

How Indian Laws Govern People’s Right To Love And Live

In India, only those relationships between a man and a woman are considered to be legitimate when there is a marriage between the two.

Kohli Quits Test Captaincy, Leaves Leadership Vacuum

Kohli Quits Test Captaincy, Leaves Leadership Vacuum

Virat Kohli, 33, had recently stepped down as India's T20I captain and was subsequently removed as the ODI captain.

UP Elections 2022: How Congress Is Harnessing Power Of 'Persecuted' Women To Counter BJP

UP Elections 2022: How Congress Is Harnessing Power Of 'Persecuted' Women To Counter BJP

A Mahila Congress leader, who is the face of the ‘Ladki Hoon, Lad Sakti Hoon’ campaign, however, has accused the party of anti-women bias after she was denied a ticket.