Raj narain case In State of Uttar Pradesh v. Raj Narain, case, briefly the facts were as follows. This was an appeal by special leave from the judgement dated 20 march, 1974 of the learned single judge of the High Court at Allahabad, holding that no privilege can be claimed by the government of the Uttar Pradesh under section 123 of the Evidence Act in respect of what is described for the sake of brevity to be the blue book summoned from the government of U.P. and certain documents summoned from the superintendent of Police, Rai Bareli, Uttar Pradesh. In this case the basic question which was considered by the Constitutional Bench was, whether privilege can be claimed by the government of the Uttar Pradesh under section 123 of the Indian Evidence Act in respect of what has been described for the sake of brevity to be the Blue Book summoned from the government of the Uttar Pradesh. Justice …show more content…
Perhaps in this context the court observed: “ the constitutional right to freedom of speech and expression conferred by article 19 (1)(a) of the constitution which includes the freedom of press, is not aa absolute right, nor does it confer any right on the press to have an unrestricted access to means of information. The Press is entitled to exercise its freedom of speech and expression by publishing a matter which does not invade the rights of other citizens and which does not violate the sovereignty and integrity of India, the security of the state, public order, decency and morality”. It may be pointed out here that Court’s observation that “Article 19(1)(a)....indeed does not confer any right on the Press to have unrestricted access to means of information, implies that Article 19(1)(a) of the constitution does not confer a right on the press to have access to means of information, although this right like any other right is not absolute or
Legal Issues Presented & Was a Valid Prima Facie Case Established In this case, Vehar v.
Arrested after 36 patients died, Narendra Nagareddy had been held at his office following a raid from DEA agent. Around 12 of the 36 patients died from an overdose. Almost 40 federal and local agents raided his Jonesboro office as they seized even more assets at his home. As a psychiatrist of Jonesboro, Nagareddy has been over prescribing benzodiazepine and opiates for the last several years, which has led to multiple overdoses and deaths. People have come to Nagareddy for help, but instead of receiving help, they are met with deadly consequences.
Judge Marilyn Patel concluded that the writ was granted on the grounds that “there was substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court”. (Ducat, 204). Judge Patel overturned the Korematsu’s prior conviction on factual error on any error of law in the 1944 ruling. In August of 1988,
The Supreme court ruled that Section 181 of the Criminal Code intersects section 2(b) of the Charter of Rights and Freedoms which guarantees the right to freedom of expression as long as the expression is not violent. They defined that the booklet that he created was not violent and allowed under the concept of freedom of expression as the form is different from the content in this scenario thus, the allegation made did not apply. The court found that section 181's attempt to censor all expressions unjustifiable since many acceptable expressions could fit that description. According to analysis, section 181 was a reasonable limit on freedom of expression in a free and democratic society. In the end, majority of the Supreme Court held that section 181 of the Criminal Code was unconstitutional and therefore, his conviction was overturned even though this is not what most wanted, the situation was dealt in this matter due to the
A miscarriage of justice is when a person is convicted and punished for a crime they did not commit. This book displays many strengths. Some of the strengths found in this
As a species, humans can be vengeful and spiteful. Especially when it comes down to the justice and injustice when a wrong has been committed. For instance, on August 5, 2008, Casey Anthony was formerly charged with child neglect and slaughter of her baby. This caused quite the stir up among people who felt Ms. Anthony’s baby will not receive the justice that she deserves due to the fact there was no concrete evidence. Many believed that Casey should receive the death penalty to make up for the loss of her baby’s life because various people thought Casey was the one who allegedly killed her own child.
Without freedom of the press discussions cannot reach a wider audience, debate is obstructed,
writing prompt #6: Explain why the media has been called the fourth branch of government. Include your opinion of whether this is an accurate portrayal. Media is considered the fourth branch of government, but why? Media influences lives on the daily and can influence governmental thoughts, opinions , and decisions as well. Because of this it could be used for or against the government.
Enforcement of the law is essential to defend the community and its citizens. In order to achieve these goals, we use four models of justice: retribution, utilitarian, restorative, and parallel. Through research, I will provide the different ways each model of justice would apply to the Jonathan Nathaniel Ramsey case. Crime Description In the early morning of August 27, 2011 in Springfield, Virginia, a crime was being committed.
Examples of justice can be found both in family law as well as personal injury law. Our fist law is law 196 in document e. This law says, “If a man has knocked out the eye of a free man, his eye shall be knocked out” When I view this law, I see that justice has been reached. It seems to be a punishment where equality happens. What you do is done back. This simple concept is used in many situations to this day.
Justice is derived from the root word just, meaning agreeing to what is considered morally right or good; treating people in a way that is morally right; or reasonable or proper. However, society has become so entangled up in the power which certain individuals possess, they forget all about what is “just”. The justice theory is that justice is at the advantage of the stronger. When an individual is described or depicted as being “strong”, that individual is typically of a larger build, possesses some sort of weapon that causes them to be mighty, and is typically large in size. No matter what circumstances arise, these individuals are expected to be victorious in each battle they fight.
Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
The search for justice is never ending. Justice may be delayed, denied, or postponed, however, the search is timeless. To be just is to argue for fair rights for all. It is to be someone that will help the people of the community. However, many times justice is not sought and not given to those who need it most.
Sandel, Michael J. (2009). Justice: What’s the right thing to do? New York: Farrar, Straus and Giroux. Introduction & Background Information In the book, Justice:
Justice is an underlying idea that humans revolve around. It is our sole concept that constructs how we think and behave. Justice creates morals and therefore how we judge those around us. If we didn’t have justice, our society would be in chaos and completely unruly. When identifying what is just, there are quite a few traits that can be clearly spotted.