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1. Kerala judge seeks anticipatory bail after being named accused in son's fatal car crash

An Additional District and Sessions Judge in Kerala has approached the Kerala High Court seeking anticipatory bail after being named as an accused in a case involving a Mercedes-Benz car driven by his

Kerala judge seeks anticipatory bail after being named accused in son's fatal car crash

An Additional District and Sessions Judge in Kerala has approached the Kerala High Court seeking anticipatory bail after being named as an accused in a case involving a Mercedes-Benz car driven by his 17-year-old son that struck and killed a 55-year-old scooter rider, Jayabalakrishnan. In his anticipatory bail application, the judge stated that he was unaware his minor son had taken the car and that he learned about the incident only after receiving a phone call following the accident. Police named the judge, in whose name the luxury car was registered, as an accused under Section 199A of the Motor Vehicles Act, which deals with the liability of a juvenile's guardian or the vehicle's owner; the investigation was transferred to the District Crime Branch, and the Kerala High Court earlier granted police permission to arraign the judge as an accused. The case triggered public outrage, with the victim's family accusing authorities of initially taking lenient action; Home Minister Ramesh Chennithala told the state Assembly that a case had been registered and that the Juvenile Justice Board should not have granted bail to the minor driver, adding that he had directed police to initiate proceedings to cancel the teenager's bail.

2. Supreme Court: foreign nationality alone does not bar UAPA bail under Section 43D(7)

In Union of India v. Mohamed Rifas, the Supreme Court held that an accused's foreign nationality alone does not bar bail under the Unlawful Activities (Prevention) Act, and that Section 43D(7) applies

Supreme Court: foreign nationality alone does not bar UAPA bail under Section 43D(7)

In Union of India v. Mohamed Rifas, the Supreme Court held that an accused's foreign nationality alone does not bar bail under the Unlawful Activities (Prevention) Act, and that Section 43D(7) applies only if the foreign national also entered India illegally or without authorisation. A Bench of Justices Aravind Kumar and Vipul M Pancholi was hearing the Union government's appeal against a Madras High Court judgment restoring bail to Mohamed Rifas, whom the prosecution alleged was a Sri Lankan national. The case arose from a 2018 FIR concerning an alleged conspiracy to disrupt communal harmony and commit terrorist acts. Rifas was arrested but secured default bail in July 2018 after the prosecution failed to file its chargesheet within the prescribed time. The National Investigation Agency took over the investigation in January 2019 and filed a chargesheet in January 2021. A separate FIR registered in November 2019 alleged that Rifas had entered India on a Sri Lankan passport, overstayed his visa and illegally obtained Indian identity documents. In April 2022, the prosecution sought cancellation of his bail, arguing that he had concealed his foreign nationality and that Section 43D(7) restricted his release. A special court accepted the plea and cancelled his bail, but the High Court set aside that order in December 2023. The Supreme Court found that the prosecution had not produced material to prima facie establish that Rifas entered India illegally, noting that even the subsequent FIR recorded that he had entered on a valid visa and overstayed after its expiry. It held that Section 43D(7) does not override Section 43D(2) and therefore does not bar default bail, which was a statutory right under Section 167(2) of the Code of Criminal Procedure made applicable to UAPA cases. The Court also held that subsequent filing of a chargesheet did not automatically justify bail cancellation and that no special and strong ground was established to cancel Rifas's bail. It dismissed the Union government's appeal and upheld the High Court's judgment restoring his bail.

3. Delhi High Court holds writ petition against Meta for Instagram account blocking not maintainable, remedy is civil suit

The Delhi High Court has held in Sarthak Bhagat v Union of India & Ors that a writ petition seeking restoration of an Instagram account is not maintainable against Meta Platforms. Justice Amit Mahajan

Delhi High Court holds writ petition against Meta for Instagram account blocking not maintainable, remedy is civil suit

The Delhi High Court has held in Sarthak Bhagat v Union of India & Ors that a writ petition seeking restoration of an Instagram account is not maintainable against Meta Platforms. Justice Amit Mahajan held in the October 27 order that Meta does not perform a public function or discharge a public duty required for a writ under Article 226 of the Constitution. The Court said blocking of an Instagram account by Meta must be challenged by way of a civil suit, not a writ petition. The petitioner had challenged the disabling of his Instagram accounts without prior notice or an opportunity to respond, and said Instagram informed him that his account violated its community standards. He sought review through Instagram's in-app mechanism and approached the Grievance Appellate Committee under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, claiming his September 11 appeal remained pending beyond the prescribed 30-day period. The Court declined to direct the Central government to ensure Meta's compliance with the Information Technology Act and the 2021 Rules, saying a writ of mandamus requires a clear demonstration of neglect of a statutory duty. It directed the GAC to decide Bhagat's appeal expeditiously.

4. Supreme Court seeks Centre reply on WDII plea over transgender law's impact on women's safeguards

On Wednesday, a Supreme Court Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to the Central government on a petition by Women's Declaration Internat

Supreme Court seeks Centre reply on WDII plea over transgender law's impact on women's safeguards

On Wednesday, a Supreme Court Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to the Central government on a petition by Women's Declaration International India (WDII) concerning the Transgender Persons (Protection of Rights) Act, as amended in 2026. The plea raises concerns that the amendment could affect women's reservations, gender-based prison accommodation, participation in sporting competitions and safeguards for women during criminal investigations. The Court noted that a batch of petitions challenging the validity of the 2026 amendment is already pending and that the new plea would be tagged with them. Justice Bagchi observed that repeated petitions could defeat the petitioner's cause, while Senior Advocate Amit Sibal submitted that WDII's plea is the only one by a women's organisation and raises unique issues about constitutional and statutory benefits exclusive to biological females. Solicitor General Tushar Mehta said the Centre's reply in the connected matters was being prepared and that he would address WDII's concerns, including those relating to sports, prisons and women's toilets.

5. Supreme Court asks Law Commission to review arbitral award execution framework

The Supreme Court said that delay in execution of arbitral awards strikes at the rationale of choosing arbitration over conventional litigation and asked the Law Commission of India to make legislativ

Supreme Court asks Law Commission to review arbitral award execution framework

The Supreme Court said that delay in execution of arbitral awards strikes at the rationale of choosing arbitration over conventional litigation and asked the Law Commission of India to make legislative and procedural recommendations to strengthen the execution regime. A bench headed by Justice Vikram Nath, also comprising Justices Sandeep Mehta and Aparesh Kumar Singh, was deciding an appeal by Royal Construction Company Pvt. Ltd., which had won an award against National Projects Construction Corporation Ltd. (NPCC) in 2002 and was awaiting execution for 24 years. The court requested the Law Commission to undertake a focused study of the statutory and procedural framework governing enforcement and execution of arbitral awards, including practical impediments to timely recovery and existing practice in global jurisdictions, and to consider whether domestic and foreign arbitral awards need distinct enforcement procedures or a common framework with safeguards. Royal Construction was represented by advocate Rishabh Sancheti, and the court was told that the 2002 award was upheld up to the Supreme Court in 2015. The court dismissed NPCC's application seeking modification of the 2023 judgment. The 2002 award directed NPCC to pay Royal Iraqi Dinars 2,23,777.14 and ₹20 lakh, each with interest at 12% per annum. The Supreme Court restored the award in full and in 2023 held it payable in foreign currency. NPCC had deposited about ₹1.5 crore in Indian rupees, which Royal Construction withdrew, while the remaining sum was sought to be executed. In the execution proceedings, NPCC contended that its deposit had covered the principal sum without interest. The Delhi High Court in February this year granted liberty to the parties to seek clarification from the top court.

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