Revisiting Kartar Singh v State of Punjab: Procedural exceptions and fair trial in anti-terror laws

India’s lineage of anti-terror laws—TADA, POTA, and UAPA—create wide exceptions to cardinal principles of fair trial recognised under common law, statute, and the Constitution. These were enacted as exceptional legislations to deal with national security concerns, thus justifying enhanced legal powers of coercion over investigation and prosecution. The source of these extraordinary powers is not the Emergency Provisions under Part XVIII of the Constitution, or preventive detention under Article 22, but reasonable restrictions under Articles 19(2) and (4). Without constitutional and legislative safeguards, UAPA permanently entrenches coercive State power. Unless expressly repealed by Parliament or struck down by judicial review, non-derogable Article 21 guarantees and democratic opposition remain at present the best defence of liberty. As established constitutional and statutory principles of fair trial stand abrogated in anti-terror laws, how may judges protect due process under special procedures? How may the accused effectively defend their liberty? And as members of the democratic republic, how may we evaluate whether the criminal justice system is fairly administering justice in practice? To answer these questions, this article turns to Kartar Singh v State of Punjab, one of the first Supreme Court decisions to consider the constitutionality of procedural exceptions under TADA. The article proposes an alternative orientation of the principles of fair trial, towards a theory that is rooted in separation of powers and frameworks of checks and balances within procedural law. The first section describes the right to fair trial, its relationship with ordinary procedures, and derogation under special procedures. The second section identifies a theory of fair trial through an analysis of Ramaswamy J’s dissent under Kartar Singh. The final section follows the ramifications of this theory for contemporary bail jurisprudence under UAPA.

     

VEP验光方法在常见眼外伤矫正视力检测中的应用研究

目的通过比较VEP验光、电脑验光及主觉插片验光在检测外伤眼屈光度中的关系,探讨VEP验光方法在外伤眼矫正视力中的应用价值。方法本组实验选取各种类型眼外伤患者,伤后3～6月经检查存在视力下降者61人(受检眼61只),分别对伤眼行电脑验光、主觉播片验光及VEP验光,比较三种验光方法所测屈光度及矫正视力之间的差异性。结果经统计学处理,VEP验光与主觉插片验光所测伤眼屈光度和矫正视力无显著性差异(P>0.05);电脑验光与主觉验光、VEP验光在球镜屈光度检查上存在显著性差异(P<0.05),在散光检查方面无明显差异(P>0.05);电脑验光所得矫正视力与主觉插片验光、VEP验光所得结果之间均存在显著性差异(P<0.05),尤其在角膜、虹膜睫状体、晶状体、玻璃体等部位损伤的受检眼中差异更为显著(P<0.01)。结论电脑验光和VEP验光均是客观的屈光检查方法,前者有方便迅速的优点,但其结果存在较大误差,特别是在屈光系统损伤的患者中误差更大,仅可作为屈光矫正的初步检查依据;而后者验光结果准确,能够反映伤眼的屈光实际情况,可以应用于法医学鉴定中的伤眼最佳矫正视力的评定。     

试论我国知识分子的历史定位

本文围绕知识分子的历史定位 ,即他们在当今我国社会发展中的社会地位这个主题 ,揭示了建国后党对我国知识分子社会地位的认识实现了两次历史性飞跃的历程和意义 ,从理论和现实的结合上论证了知识分子在我国社会主义现代化中的重要作用和光荣使命。     

数字化生存与网络法治建设——高校BBS用户注册实名制批判

网络数字化时代的来临,对传统法律提出了变革的要求.本文在对一例高校BBS用户注册实名制弊端分析和批判基础上,提出了数字化生存时代如何构建网络法治的问题,较为详细地分析了网络立法的基本原则、模式选择.     

Toxicological findings in a multi-drug death involving propoxyphene, caffeine, phenacetin, acetaminophen and salicylate

The toxicological findings of a multi-drug related fatal poisoning are described here. A 35-year-old Caucasian male found dead on the kitchen floor was a known user of abused drugs and had been taking aspirin alone or in combination with phenacetin and caffeine for the relief of joint pains. The gross examination of the organs at autopsy revealed slight grooving of the uncus and various stages of necrosis in the renal papillae. Histological examination confirmed the gross appearance of pulmonary congestion and edema, cerebral edema and interstitial nephritis of the tubules. Toxicological evaluation of the blood and urine samples disclosed the presence of propoxyphene (51 and 250 mg/l), salicylate (185 and 2750 mg/l), caffeine (16 and 37 mg/l), and phenacetin (9.6 and 20 mg/l). Furthermore, acetaminophen also was present in the plasma (54 mg/l) and urine. A gas liquid chromatographic method for simultaneous analysis of phenacetin and caffeine utilizing a nitrogen phosphorus detector was proposed.     

Mandibular canine index--a clue for establishing sex identity

A preliminary study for establishing sex identity by Mandibular Canine Index is described. Seven hundred and sixty six individuals from a South Indian population of either sex, ranging in age from 15 to 21 years, with fully errupted, healthy and non-worn mandibular permanent canines were studied. The data collected was analysed statistically. Accurancy of sex determination identity was found to be 84.3% in the male and 87.5% in the female. The method is simple and inexpensive to conduct and therefore can be applied in Forensic Odontology, as a method for establishing sex identity.     

A modified Gustafson method of age estimation from teeth

Modifications to the Gustafson method of age estimation from teeth are described. They are designed to minimise the subjective nature of the scoring technique and to quantify the regressive changes in the enamel, dentine and cementum. Randomly selected teeth from 25 Indians were examined by the Gustafson method and by our own modification. It was shown that our modified method resulted in more accurate and reproducible age estimations than did the original method.     

The forensic significance of conjunctival petechiae

Conjunctival petechiae were mentioned in 227 (4.5%) of 5,000 consecutive autopsy reports of the Dade County Medical Examiner Department. They were most frequently observed in those who had died natural deaths (particularly due to cardiovascular disease), followed by those who had died from asphyxia, head injury, and central nervous system disorders. The incidence of conjunctival petechiae in victims of homicidal asphyxiation was 78%. These data suggest that conjunctival petechiae most often are the result of hypoxia coupled with an acute increase in cephalic vascular pressure. The latter factor may be the consequence of mechanical vascular obstruction or acute right heart failure.