13 January 2020
Kashmir: A Prologue to a Farce or a Tragedy
On 10 January 2020, the Indian Supreme Court delivered its verdict on the ongoing internet shutdown in Kashmir. While the Court did reprimand the government to some extent, at the time of this writing Kashmir is still cut off from the internet. Anyone who had banked on the Supreme Court to make good on the promise of fundamental rights will be disheartened. Continue reading >>
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22 April 2019
“Twenty Years of Selfless Service”: The Unmaking of India’s Chief Justice
India's Chief Justice Ranjan Gogoi has been accused by a former staffer of sexual harassment. In a glaring transgression of judicial procedure, Gogoi staged a 23-minute suo motu hearing, in which he presided over a bench made up of Justices Arun Mishra and Sanjiv Khanna. Gogoi feels justified to adjudicate his own case because of extraordinary circumstances. Continue reading >>26 February 2019
To Catch a Spy: India v. Pakistan at the ICJ
Does the right to consular access also apply to imprisoned spies abroad? The International Court of Justice in The Hague will decide. Continue reading >>
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05 November 2018
Murder in the Name of Allah: Asia Bibi and Pakistan’s Blasphemy Law
The Pakistani Supreme Court’s release of Asia Naureen, a mother of five from Pakistan’s shrinking Christian community who was imprisoned nine years ago on trumped-up blasphemy charges, has riled up the religious right and spiralled into scorching new waves of violence. The Supreme Court, however, had no qualms with mandatory death sentences for insults against the Prophet. Continue reading >>17 September 2018
Mango Scented Sovereignty: Pakistan’s Chief Justice Saqib Nisar and Baba-justice
Politicization of the judiciary is a global trend. Pakistan’s Supreme Court is a particularly worrying example. With an ad-campaign, the Court is currently collecting donations for an ambitious dam project to resolve Pakistan’s looming water crises. Chief Justice Saqib Nisar would certainly prefer, as he convincingly repeats, a more pliant courtly existence. But the catastrophic shortcomings of the executive and legislature force him to take on big infrastructure projects – the failures have also pushed him to tackle school curriculums, fees for private medical school, pension of bank employees, random quality-checks in hospitals, surprise inspections of lower courts and ordering the arrest of a high ranking police officer who shared indecent images of his estranged wife on Facebook. Continue reading >>15 July 2018
Being Gay under India’s Constitution
Section 377 of the Indian Penal Code penzalizes "carnal intercourse against the order of nature". The Indian Supreme Court heard a case last week that could finally lead to the end of this residue of British colonial rule. Continue reading >>03 July 2018
FATA’s fate in PakistanÂ
On May 25th 2018, Pakistan’s senate passed a constitutional amendment that merges the Federally Administered Tribal Areas (FATA) – a patch of mountainous land snaking along parts of the Afghan border – with Khyber Pakhtun Khwa, a province that sandwiches it. This means that for the first time the constitution’s jurisdiction stretches all the way to the frontier region. In popular culture FATA mostly pops up as a lawless abode where thugs and criminals hide to avoid detention. Continue reading >>
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21 May 2018
Save the Constitution!
India's oppositional Congress party wants to impeach Dipak Misra, the Chief Justice of India, who stands accused of allocating cases to the respective benches at his own, politically right-leaning whim. In its fight against the governing BJP party, the Congress party has launched a "Save the Constitution!" campaign. Unfortunately, its leader Rahul Ghandi's family has a history of entanglement with the constitution of its own. Continue reading >>
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06 March 2018
Pakistan’s Supreme Court to Purify Parliamentarians
Only a good Muslim makes a parliamentarian. That seems to be the line the Pakistani Supreme Court has taken in disqualifying the disgraced former Prime Minister Nawaz Sharif as president of his own party and person entitled to nominate candidates for the upcoming Senate elections. Continue reading >>
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18 January 2018
Four Indian Supreme Court Judges Accuse the Chief Justice of Wrongdoing
The judges should have been more considerate towards the institutional damage their actions have caused. They have hurt the court for decades to come. Institutional reform proves healthy when it comes from the inside; and one would like to think, that four senior judges wield a hefty amount of institutional power to transform the procedural mechanism without having to 'call upon the people' to intervene.This was little more than a political act in a country where politics and the law only function along the simple logic of institutionalising antagonism. Continue reading >>
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