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Unveiling the Veil: The Dark Reality of Exploitation and Forced Halala

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This batch of criminal writ petitions, led by Criminal Misc. Writ Petition No. 8465 of 2026, was filed under Article 226 of the Constitution of India seeking the quashing of an FIR registered under Sections 85, 115(2), 64, 351(2), 61(2)(a), and 70(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, Section 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, and Sections 5(1)/6 and 17/18 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, at Police Station Saidnagli, District Amroha. The petitioners, including collateral relatives and religious functionaries accused of facilitating and orchestrating forced nikah halala rituals, argued that personal laws permitted these practices, that the allegations stemmed from a civil dispute over child custody and property, and that the FIR was an abuse of process. Dismissing the petitions, the Division Bench of the Allahabad High Court held that sexual acts performed with a minor under the garb of personal law or halala constitute statutory rape under the POCSO Act (per Independent Thought v. Union of India), and that subsequent allegations of forced halala involving coercion, deceit, and gang-rapePrima facie disclose heinous cognizable offences that shock the conscience of the court, precluding any interference or quashing at the threshold.

  • Factual Matrix and Allegations:
    • The prosecutrix alleged that she was forced into marriage at the age of 15 in April 2015 with co-accused Azhar Nawaz, subjected to domestic violence, and given a Triple Talaq in January 2016.
    • To remarry her ex-husband, she was forced in November 2016 (while still a minor) to undergo a halala nikah with co-accused Maulana Qayyum, orchestrated and performed by religious functionaries and relatives.
    • Following a second divorce in 2021 and subsequent reconciliation attempts, she was subjected to a second forced halala in February 2025 by co-accused Shahnawaz Chaudhary and Hakim Nishat under threat of death, followed by a fraudulent and bogus nikah
  • Arguments of the Petitioners:
    • Learned Senior Counsel for the petitioners contended that nikah halala is a valid traditional ritual under Islamic Shariat law, and that triple talaq (at the relevant time) and personal laws governed the parties.
    • It was argued that the FIR was a retaliatory measure lodged due to a civil/custody dispute over the couple’s minor daughter after the husband filed complaints on the Integrated Grievance Redressal System (IGRS) portal.
    • The petitioners claimed minor or marginal roles—ranging from aged relatives to individuals who merely acted as religious scholars (Kari or witnesses)—and asserted no direct involvement in the primary sexual offences.
  • Arguments of the State and Informant:
    • The Additional Government Advocate and counsel for the informant (respondent no. 5) vehemently opposed the petitions, highlighting that the initial halala involved a minor, which constitutes statutory rape irrespective of personal law protections.
    • Relying on international conventions (such as CEDAW) and landmark jurisprudence like Independent Thought v. Union of India, it was emphasized that personal laws cannot serve as a shield to perpetrate gender-based violence, sexual exploitation, or gang rape.
    • The conduct of the accused, including subsequent threats resulting in another criminal case (Crime No. 122 of 2026), demonstrated an ongoing pattern of criminality and defiance of law.
  • Legal Principles and Court Observations:
    • The Court underscored that under Independent Thought, any sexual relation with a minor below 18 years is strictly prohibited, overriding personal laws and attracting the severe penal consequences of the POCSO Act.
    • The Court observed that using the veil of halala to subject a woman to repeated carnal exploitation, deception, and forced sexual acts prima facie constitutes heinous offences, including gang rape under the BNS.
    • Citing parameters from Neeharika Infrastructure Private Limited v. State of Maharashtra, the Court reiterated that High Courts must be extremely slow to quash an FIR at the threshold when serious cognizable offenses involving sexual violence are disclosed.
  • Final Decision:
    • Finding the allegations deeply disturbing and shocking to the judicial conscience, the High Court held that the matter warranted a thorough and unhindered police investigation.

All connected writ petitions were dismissed, and all interim protection orders were vacated.

J.O. (Web) 2026 ALL 28

Tayyab v. State of U.P. and others (D.O.J. 01.07.2026)

J.O. (Web) 2026 ALL 28 click here to view full text of judgment

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Supreme Court Judgment Summary 15th Sep, 2026

September 18, 2026 No Comments

Supreme Court Judgment Summary 15th Sep, 2026

A Definitive Review on Disability Pension Rights for Ex-Servicemen

This landmark batch of appeals brought by the Union of India challenged various orders passed by the Armed Forces Tribunal (AFT) and High Courts, which had granted the disability element of service pensions to ex-servicemen. These former personnel had been assessed by Release Medical Boards (RMB) as having disabilities that were “Neither Attributable Nor Aggravated” (NANA) by military service. The Supreme Court addressed the core tension between the protective, beneficial jurisprudence established in Dharamvir Singh v. Union of India (governed by the Entitlement Rules 1982) and the restrictive framework introduced by the subsequent Entitlement Rules 2008. Crucially, the Court undertook a deep constitutional and administrative review of the legitimacy of the 2008 rules, evaluating whether they possessed binding legal force and whether they could dilute established beneficial entitlements.

2026 INSC 993 : Union of India & Ors. v. Col. NC Isaac (Retd.) and Connected Appeals (D.O.J. 15.09.2026)

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Setting Aside Ineligible Selection to Protect Merit

September 18, 2026 No Comments

The Supreme Court of India dismissed the civil appeal filed by Sunita Lahu Panchpande, upholding the Bombay High Court’s judgment that had set aside her appointment as an Anganwadi Supervisor in Nashik District. The appellant, who originally served as an Anganwadi Sevika in Jalgaon District, applied for and was appointed to the post in Nashik despite an express restriction in the advertisement and the governing Government Resolution (G.R.) dated November 17, 2001, mandating that applicants must possess ten years of work experience specifically within Nashik District. Although the Divisional Commissioner had erroneously issued a clarification stating that experience from other districts was acceptable, the Supreme Court ruled that a subordinate administrative official cannot issue clarifications contrary to statutory G.R.s and recruitment advertisements. Citing the doctrine that appointments made in disregard of advertised qualifications amount to a fraud on the public, the Supreme Court affirmed the High Court’s order directing the appointment of the eligible wait-listed candidate (the sixth respondent) in her place, while acknowledging the compassionate observation permitting the appellant’s accommodation in her home district.

  • Core Issues Addressed: The Supreme Court evaluated whether a candidate lacking the mandatory territorial work experience stipulated in a recruitment advertisement and government resolution can retain public employment based on an erroneous administrative clarification.
  • Mandatory Territorial Eligibility: A conjoint reading of the 2001 Government Resolution and the specific conditions of the advertisement clearly established that applicants must have accumulated their ten years of qualifying experience as an Anganwadi Sevika within the same district (Nashik).
  • Incompetence of Administrative Clarifications: The Divisional Commissioner lacked the legal authority to issue a clarification that ran completely contrary to the explicit text of the 2001 G.R.; any genuine doubt ought to have been referred back to the State Government.
  • Fraud on Public Aspirants: Reaffirming the principle laid down in Tripura Sundari Devi, the Court emphasized that appointing ineligible candidates in violation of advertised terms without an express relaxation clause constitutes a fraud on public candidates who possessed better qualifications but refrained from applying.
  • Final Outcome: The appeal was dismissed, the High Court’s judgment was upheld, the sixth respondent was awarded the rightful appointment with benefits to be disbursed within two months, and the appellant was granted time until September 30, 2026, to transition out of the post.

2026 INSC 1002

Sunita Lahu Panchpande v. The District Collector & Ors. (D.O.J. 16.09.2026)

2026 INSC 1002 click here to view full text of judgment

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Acquittal Under NDPS Act Due to Flawed Sampling and Unproven Contraband

September 18, 2026 No Comments

The Supreme Court of India allowed the criminal appeals filed by the appellants Abdul Rajik and Govind, setting aside the concurrent judgments of the Trial Court and the High Court of Madhya Pradesh which had convicted them under Section 8 read with Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The appellants had been sentenced to rigorous imprisonment for 10 years and 8 years respectively, following allegations that they were caught carrying charas. The Supreme Court held that the prosecution fundamentally failed to establish an unbroken chain of custody for the seized samples, pointing out severe lapses, including the total non-compliance with Section 52-A of the NDPS Act (drawing samples without a Magistrate), missing entries in the malkhana register regarding the exit of samples, a silent carrier constable, and an unexplained five-day delay before the samples reached the Forensic Science Laboratory (FSL). Consequently, the FSL report became untrustworthy, and with no other reliable scientific proof that the recovered material was actually charas, the Court granted the appellants the benefit of the doubt and acquitted them.

  • Core Issues Addressed: The Supreme Court examined the validity of convictions under the NDPS Act concerning the integrity of link evidence, the absolute necessity of maintaining a secure chain of custody for seized contraband samples, and the legal consequences of failing to comply with Section 52-A of the NDPS Act.
  • Breach in Link Evidence and Custody: The prosecution failed to prove the safe transit of the samples from the malkhana to the FSL. Crucially, the forwarding letter from the Superintendent of Police was dated December 1, 2004, whereas the FSL recorded receipt on December 6, 2004, leaving an unexplained five-day gap with zero evidence as to whose custody the samples remained in during this period.
  • Non-Compliance with Section 52-A: The investigating officer completely omitted the mandatory statutory safeguard of drawing representative samples in the presence of an Executive or Judicial Magistrate, which severely dented the integrity of the seizure and sampling process.
  • Exclusion of the FSL Report: Due to the shattered chain of custody and procedural flaws, the FSL report (Exhibit P-46) lost its evidentiary value and had to be discarded. Furthermore, the informal spot-testing method (burning a small piece of the substance) was deemed unscientific and insufficient to prove the material was charas.
  • Final Outcome: The appeals were allowed, the judgments of conviction and sentences were set aside, and the appellants were acquitted of all charges with their bail bonds discharged.

2026 INSC 1001

Abdul Rajik v. State of M.P. (D.O.J. 16.09.2026)

2026 INSC 1001 click here to view full text of judgment

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The Finality of Tax Settlements: Barring Reassessment After ITSC Orders

September 18, 2026 No Comments

The Supreme Court of India dismissed the civil appeal filed by the Revenue (Income Tax Department), upholding the judgment of the Delhi High Court which had quashed a reassessment notice and order issued against the respondent-assessee, M/s. Omaxe Limited. The core controversy revolved around whether the Assessing Officer (AO) retained the jurisdiction to reopen a concluded assessment under Section 148 of the Income Tax Act, 1961, to disallow housing project deductions under Section 80IB(10) after the Income Tax Settlement Commission (ITSC) had already passed a final settlement order under Section 245D(4). The Supreme Court ruled that Chapter XIX-A of the Income Tax Act is a self-contained code. Once an application for settlement is admitted and a final order is issued, it attains absolute finality under Section 245-I, and the regular assessment machinery cannot be invoked to bypass this conclusiveness. The Court clarified that if the Revenue wishes to challenge a settlement order on grounds of fraud or misrepresentation, its sole exclusive remedy is to approach the ITSC directly under Section 245D(6)—not to initiate parallel reassessment proceedings.

  • Core Issue Addressed: The Supreme Court examined whether an Assessing Officer can independently issue a reassessment notice under Section 148 to disallow deductions (such as under Section 80IB(10)) that were part of the total income considerations during a concluded proceeding before the Settlement Commission.
  • Exclusive Jurisdiction of the ITSC: The Court reaffirmed that upon the admission of a settlement application, the ITSC assumes exclusive jurisdiction over the case for that assessment year, placing the regular assessment machinery under statutory abeyance pursuant to Section 245F(2).
  • Conclusiveness of Settlement Orders: Under Section 245-I, orders passed by the ITSC under Section 245D(4) are final and conclusive on the matters stated therein, barring the Revenue from splitting an assessment to re-litigate items through standard reassessment channels.
  • Exclusive Remedy for Fraud or Misrepresentation: If the Revenue discovers that a settlement order was obtained through misrepresentation or concealment, Section 245D(6) provides the exclusive statutory pathway to declare the settlement void by moving the ITSC directly, a route the Revenue unsuccessfully attempted and exhausted in this very case.
  • Final Outcome: The appeal filed by the Revenue was dismissed, confirming that the regular tax authorities cannot initiate parallel reassessments once an ITSC settlement order has attained finality.

2026 INSC 1000

Assistant Commissioner of Income Tax & Another v. M/s. Omaxe Limited (D.O.J. 16.09.2026)

2026 INSC 1000 click here to view full text of judgment

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