Pairokar

   The recent proceedings before the Allahabad High Court in the alleged dual citizenship case against Rahul Gandhi offer a troubling reminder: in moments of urgency, it is often procedure that is sacrificed first—and with it, the legitimacy of the outcome. At the core lies a simple, non-negotiable rule:  audi alteram partem —no one should be condemned unheard. Yet the initial direction to register an FIR appears to have been issued without hearing the person most affected. The Court’s subsequent recall of its own order was not just corrective; it was necessary. But the question lingers—how was such a lapse allowed to occur at all? Equally concerning is the route taken. After the trial court declined relief, the petitioner bypassed the statutory mechanism under the Code of Criminal Procedure, 1973 and moved the High Court directly. The Supreme Court of India has repeatedly cautioned against precisely this practice. High Courts are not meant to be first-stop forums for FIR...

On 13th April, the former Chief Minister of Delhi, Shri Arvind Kejriwal, argued his case in the High Court of Delhi for the recusal of Justice Swarna Kanta Sharma from hearing his case. In a lengthy argument of more than an hour, he raised ten points as to why she should not hear the case. The most damning ground was that, since she is sympathetic to the philosophy or ideology of a particular party, which is his political enemy, he has genuine reasons to believe he will not receive fair justice from the court presided over by her. He specifically mentioned that she has attended four programmes of Adhivakta Parishad, which is closely linked with the Bharatiya Janata Party, which is hostile to him and his party. Shri Kejriwal wants a judge of impeccable integrity to hear his case and decide the matter. Justice Sharma has reserved the order. There is no doubt that justice should not only be done, but it should also appear to have been done. On the 15th of April, Kejriwal levelled another ...