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  1. Blogs
  2. Polity and Governance

Judicial Concerns in Rajasthan High Court

Published on: 27-Aug-2026

Source: The Hindu

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Judicial Concerns in Rajasthan High Court

Article Summary

Supreme Court Internal Correspondence - Key Points

  • Chief Justice of India (CJI): Surya Kant; Responded to letters from Justice Sandeep Mehta regarding Rajasthan High Court issues.

  • Judicial Concerns Raised:

    • Justice Mehta's letters highlight allegations of “favouritism” and “maladministration” within the Rajasthan High Court led by Acting Chief Justice (ACJ) Sanjeev Prakash Sharma.
    • Justice Mehta claims ACJ has displayed a lack of leadership and conduct unbecoming of a High Court leader.
  • Judicial Administration:

    • Allegations of cases being withdrawn and moved to the ACJ's bench without justification.
    • Claims that judges were threatened with retributive actions including transfers by the ACJ.
  • CJI’s Position:

    • Emphasized that allegations must be handled through established institutional mechanisms and cannot be decided publicly.
    • Stated that administrative actions concerning the ACJ will be taken by the competent authority after review.
  • Concerns Over Leadership:

    • Communication from Justice Mehta mentions the need for a regular Chief Justice in the Rajasthan High Court, noting repeated requests since early 2026 have not yielded results.
    • Indicated continuing issues such as “rampant nepotism and favouritism” and criticized the delay in appointing a Chief Justice from another state.
  • Judicial Independence:

    • Justice Mehta's letters address the growing trend of judges acting for “extraneous considerations” towards the end of their careers, referring to the ACJ's alleged corrupt practices.
  • Responses and Procedures:

    • The CJI has directed that Justice Sharma be given an opportunity to respond and that any decisions regarding the ACJ will consider all materials involved.
  • Historical Context:

    • Justice Sharma was appointed Acting Chief Justice of the Rajasthan High Court in September 2025, after a recommendation from the Supreme Court Collegium in May 2025, despite earlier recommendations for his repatriation being declined in March 2023.

Implications:

  • Reflection on the internal challenges within the judiciary and the need for accountability and oversight in judicial appointments.
  • Emphasis on procedural integrity in handling allegations against sitting judges to maintain judicial independence and institutional trust.

Key Terms & Concepts

Chief Justice of IndiaHead of the Judiciary
Rajasthan High CourtJudicial Authority in Rajasthan
Sandeep MehtaSupreme Court Judge
Sanjeev Prakash SharmaActing Chief Justice
August 26, 2026Date of Statement Release
August 2, 2026Date of First Letter
September 26, 2026Retirement Date of ACJ
March 2023Repatriation request not accepted
May 26, 2025Recommended for repatriation
100 roomsSize of proposed guest house

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Women Police Control Protests in Delhi
Polity and Governance11-Oct-2026

Women Police Control Protests in Delhi

  • Deployment of Women Police Personnel: On October 10, 2026, around 3,500 women police personnel were deployed in central Delhi to manage a protest, including officers from the Haryana and Uttar Pradesh police. Key locations included Ashoka Road, Jantar Mantar Road, Janpath, Connaught Place, and Kharak Singh Marg.

  • : Women police took a proactive role in negotiating with demonstrators and preventing entry to protest sites such as Jantar Mantar. They were instructed to engage with protesters while maintaining a calm demeanor and adhering to guidelines against crowding the area.

Operational Strategy
  • Background of Deployment: The large scale of deployment followed previous allegations of misconduct during protests, emphasizing the need for a more controlled approach to manage crowd behavior and ensure public safety. There were incidents reported involving alleged sexual harassment by a police officer and physical assault by male police personnel on women protesters.

  • Community Engagement: In negotiations with protesters, especially at Bangla Sahib Gurdwara, women personnel were seen engaging with both protesters and gurdwara management to de-escalate tensions. Officers were tasked to ensure compliance with police restrictions while providing a level of assurance and respect towards demonstrators.

  • Features of Protest: Protesters employed banners and slogans to express their dissent, however, the police's focus was on preventing their movement towards the designated protest sites.

  • Constitutional Implications: The right to protest is enshrined under Article 19(1)(b) of the Indian Constitution, which grants citizens the right to assemble peacefully. The deployment and actions taken aim to balance this right with maintaining public order and safety.

  • Judicial Context: Past incidents of police misconduct during demonstrations have raised questions about adherence to legal frameworks surrounding the treatment of protesters, particularly women, resulting in public scrutiny of law enforcement practices during civil unrest.

  • Public Sentiment and Media Coverage: The event highlighted prevailing concerns over police behavior and public safety, especially in relation to women involved in protests.

  • This summary provides an overview of the deployment of police personnel, their roles and challenges during the protests, and the broader implications regarding constitutional rights and public order.

    Delhi Police Denies Protest Permission
    Polity and Governance10-Oct-2026

    Delhi Police Denies Protest Permission

    Key Highlights on Protest Regulations and Judicial Oversight

    Constitutional Provisions:

    • Article 19(1)(a): Guarantees the right to free speech and expression.
    • Article 19(1)(b): Protects the right to assemble peacefully and without arms.
    • Article 19(2): Allows restrictions on speech for specific reasons including public order.
    • Article 19(3): Permits "reasonable restrictions" on peaceful assembly in public interest.

    Judicial Pronouncements:

    • Mazdoor Kisan Shakti Sangathan (2018): The Supreme Court emphasized that peaceful demonstrations are fundamental rights. It criticized the failure to regulate protests adequately, stating that the requirement for prior permission must not be used to suppress protests altogether.
    • Babulal Parate v State of Maharashtra (1961): Recognized the right to challenge magistrate orders barring assembly.
    • Ramlila Maidan Incident (2012): Asserted that preventive orders must be based on actual threats to public order and must be exercised cautiously.

    Delhi Police Guidelines:

    • Protests at Jantar Mantar require application submission to the Deputy Commissioner of Police (DCP) at least 10 days prior to the event.
    • Late applications may be considered based on circumstances.
    • Gatherings at Jantar Mantar can't exceed 1,000 participants; larger crowds must be directed to the Ramlila Ground (capacity: 50,000).
    • The DCP must assess potential impacts on public safety and traffic before granting permission.

    Government and Legal Framework:

    • Bharatiya Nagarik Suraksha Sanhita (BNSS): Forms the legal basis for regulating public gatherings.
    • Section 223 of the BNSS encompasses penalties for defying lawful orders, potentially leading to imprisonment or fines.
    • The standing order of Delhi Police states that demonstrators may be recorded, especially if non-compliant during past protests.

    Recourse for Organizers:

    • Options include applying again with revisions (smaller gathering, shorter duration) or challenging refusals in the Delhi High Court under Article 226.
    • The Standing Order indicates that a refusal has no formal appeal process; however, arbitrary denials can be contested as infringement upon constitutional rights.

    Implications of Prohibitory Orders:

    • Section 163 allows a magistrate to issue orders stopping assembly.
    • Affected individuals can apply to rescind such orders, with the magistrate required to provide a hearing and reasons for any rejection.

    Criticisms and Legal Opinions:

    • Legal experts argue that blocking protests without providing alternatives violates constitutional rights.
    • The police's breadth of authority to deny permits for protests has been criticized for infringing on citizens' rights to assemble and express grievances.

    Summary:

    • The legal frameworks and judicial rulings reflect a balance between protecting public order and ensuring the fundamental right to protest.
    • The interplay between police guidelines, constitutional rights, and judicial oversight remains a significant theme in discussions regarding public demonstrations and civil rights in India.

    Conclusion:

    Understanding regulations surrounding protests involves navigating constitutional rights and judicial interpretations, which underscore the balance between public safety and fundamental freedoms in a democratic society.

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    Digital News Publishers Code of Ethics

    Summary of the Digital News Publishers Association Code of Ethics

    Constitutional References:

    • Article 19(1)(a): Upholds the right to freedom of speech and expression in India, which includes publication and dissemination of news.

    Regulatory Framework:

    • Adherence to over 30 laws related to media, including relevant provisions of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC).
    • Compliance with the Information Technology Act, 2000, especially concerning online content.

    Code of Ethics Highlights:

    1. Compliance with Laws: Digital news publishers must follow legal standards in content publication.

    2. Journalistic Integrity:

      • High ethical standards must be maintained.
      • Mandatory pre-publication verification of accuracy.
      • Avoidance of defamation and publication of unverified information.
    Supreme Court Reviews High Court Ruling
    Polity and Governance10-Oct-2026

    Supreme Court Reviews High Court Ruling

    • Supreme Court Ruling: On October 9, 2026, the Supreme Court of India, led by Chief Justice Surya Kant, initiated a suo motu case in response to a controversial Patna High Court judgment.

    • Controversial Judgment: The Patna High Court acquitted accused Himanshu Pathak of attempted rape, ruling that actions like removing a woman’s salwar and pressing her chest do not amount to an attempt to rape, but rather constitute assault or use of criminal force, invoking Section 354 of the Indian Penal Code (IPC).

    • Judicial Reaction: The Supreme Court Bench expressed shock at the High Court's reasoning, indicating a potential infringement on the rights of women.

    • Senior Advocate’s Concerns: Advocate Shobha Gupta highlighted the problematic use of terms like "preparation" in legal judgements regarding sexual offences that fall short of actual penetration, and pointed out similar insensitive language used in other High Court decisions.

    • Legal Context:

      • Section 354 IPC: Addresses assault or use of criminal force against a woman with intent to outrage her modesty.
    Public Protests and Democratic Defiance
    National and International Importance09-Oct-2026

    Public Protests and Democratic Defiance

    Key Points Summarized:

    1. Opposition Movements:

      • Opposition MPs, led by Rahul Gandhi, are actively protesting against the Election Commission, highlighting issues surrounding voter rights and electoral processes.
      • Recent protests are part of a larger public agitation that has included student protests over exam irregularities and calls for accountability from the Election Commission.
    2. Judicial Involvement:

      • Justice Ujjal Bhuyan expressed that any process leading to disenfranchisement undermines the Constitution, specifically violating the fundamental right to vote as enshrined in Article 326 of the Indian Constitution, which guarantees the right to vote in elections.
    3. Calls for Accountability:

      • Civil society leaders have initiated a “people’s impeachment” notice against Chief Election Commissioner Gyanesh Kumar, asserting that the trust in the Election Commission is pivotal for its authority, as it is not merely a government agency.
    4. Public Sentiment:

      • There is a notable shift in public sentiment, with a rise in protests and self-expression among citizens, particularly youth using social media to voice dissent. The atmosphere of fear that dominated for years is reportedly waning, indicating a revived public engagement in democracy.
    5. Historical Context:

      • The ruling regime has been characterized as operating on a foundation of fear for over a decade, with governmental misuse of central agencies and an attempt to control the judiciary and media narratives.
    6. Media and Institutions:

      • There are claims that large media sections serve government interests rather than presenting balanced news. The legislative process has become criticized for lacking transparent debate, with laws passed rapidly.
    7. Challenges Ahead:

      • Despite these emerging movements, challenges remain, including institutional compromises requiring years to rectify, misuse of police forces against opposition in various states, and enduring electoral manipulations.
    8. Hope for Democracy:

      • A sentiment of hope is emerging, fueled by public protests and calls for freedom from fear, suggesting a potential resurgence in democratic engagement among citizens.
    9. Quotations Reflecting Sentiment:

      • References to Ramdhari Singh Dinkar underscore a cultural call for the throne (authority) to be vacated for the people, reflecting a historical grounding for current protests.
    10. Constitutional Reference:

      • The importance of Article 326 (right to vote) and the demands for accountability are central to ongoing protests and engaged activism among the populace.

    This summary is aimed at providing a concise understanding of the ongoing protests, constitutional implications, judicial involvement, and the broader socio-political context surrounding these developments in India.

  • Right of Reply:

    • News items must include responses from individuals or parties involved in allegations.
    • Updates should be made promptly upon request from concerned parties, with updated dates noted.
  • Content Management:

    • Process for editing or removing false content upon request by affected parties.
    • Emphasis on transparency and correction of misinformation.
  • Intellectual Property Rights:

    • Respect for copyrights and trademarks.
    • Requirement for permissions when using copyrighted material, with implications for fair use.
  • Responsible Reporting:

    • Special sensitivity in reporting criminal matters and cases involving minors, ensuring preservation of presumption of innocence.
    • Specific caution in covering sexual offenses and social justice issues, adhering to Sections 67, 67A, and 67B of the IT Act against obscene and inappropriate material.
  • Grievance Redressal:

    • Implementation of grievance mechanisms in compliance with the Information Technology (Intermediary Guidelines) Rules, 2011.
    • Grievance officers must resolve complaints within a month.
  • Training and Awareness:

    • Regular staff training on existing laws impacting journalism, including:
      • Right to Information Act
      • Copyright Act
      • Laws on defamation and child protection (POCSO, Juvenile Justice Act).
    • Emphasizes caution in identifying victims in sensitive cases and promotes guidelines for communal harmony in reporting.
  • Judicial and Policy Dimensions:

    • Ongoing commitment to ethical digital journalism reflects a self-regulatory approach that aims to maintain high standards while respecting fundamental rights as enshrined in the Indian Constitution.

    Conclusion:

    The establishment of the Code demonstrates a proactive approach by the Digital News Publishers Association towards maintaining ethical standards in digital journalism, promoting accountability, and ensuring adherence to legal provisions, thereby enhancing trust in the media ecosystem.

  • Section of Attempted Rape (IPC 376 read with 511): Requires evidence of an attempt at penetration; the High Court found a lack thereof in this case.
  • Trial Details: The trial court had previously convicted Pathak under IPC Sections 376 and 342, sentencing him to three years of rigorous imprisonment and a fine for attempting rape and wrongful confinement, respectively.

  • Incident Timeline: The assault occurred on January 19, 2008, in Chhaya Studio, Amarpur, where the accused allegedly isolated the victim under the pretext of showing her a photograph, leading to the alleged sexual attack.

  • FIR Registration: The First Information Report (FIR) was lodged the day following the incident, triggering the legal proceedings against Pathak.

  • Judicial Examination Ahead: The Supreme Court will review the submissions made, indicating a potential reassessment of the legal standards regarding sexual assault and the interpretation of consent and modesty under Indian law.

  • This case emphasizes ongoing discussions about the definition and judicial interpretation of sexual violence in India, as well as the need for sensitivity and accuracy in legal language concerning victims of sexual crimes.