Friday, June 5

Constitution

The Supreme Court, in Nagarajan v. State of Tamil Nadu, held that the right to appeal against conviction is not only statutory but also a constitutional right. A Bench of Justices B.V. Nagarathna and Satish Chandra Sharma observed that an accused must be able to challenge both the merits and procedural aspects of a trial, ensuring fairness and due process. The Court also ruled that a High Court, while hearing an appeal filed only by the convict, cannot suo motu enhance the sentence, as appellate and revisional powers are distinct. The judgment reinforces appellate rights and procedural justice.

A Symbiosis law student from Kolkata was arrested in Gurgaon after posting a video on Instagram alleged to contain derogatory remarks against a religion. Though she deleted the video and issued an apology, she faces charges under the Bharatiya Nyaya Sanhita for promoting enmity and provoking breach of peace. The case raises key questions on the scope of free speech under Article 19(1)(a) and its limits under Article 19(2). Courts must now decide whether her statement amounts to hate speech or falls within protected expression, a ruling that could influence future free speech jurisprudence.

The Supreme Court of India granted interim protection to former Telangana intelligence chief T Prabhakar Rao, accused in the state’s phone-tapping case under the previous BRS government. Rao, alleged to have overseen illegal surveillance of about 1,200 people, was directed to return to India within three days of receiving his passport and cooperate with the probe. The case involves misuse of intelligence staff for political surveillance and evidence destruction. Several officers have already been arrested. The next hearing is on August 5, 2025, with the court seeking a status report from the state.