Ashwini Kumar Upadhyay v. Union of India & Ors. — W.P.(C) No. 943 of 2021 & 20+ connected matters, decided by a two-judge bench of Justices Vikram Nath and Sandeep Mehta on 29 April 2026.
Key highlights included in the summary:
- Background — 13 writ petitions seeking hate speech legislation + Law Commission Report No. 267 context
- Five Issues — judicially framed questions on legislative power of courts, legislative vacuum, FIR remedies, continuing mandamus, and the sanction question
- Full Analysis — covering all four parts of the judgment including the Constitution Bench-style discussion on fraternity and vasudhaiva kutumbakam
- Holdings — colour-coded (Dismissed / Partly Allowed / Closed / Pending) with the 19 May 2026 listing date for pending contempt matters
- 8 Key Legal Principles — distilled for quick practitioner reference
- Principal Cases Referred — Lalita Kumari, Sakiri Vasu, Pastor P. Raju, and others
- The critical sanction ruling — that Section 156(3) CrPC is a pre-cognizance exercise, so prior sanction under Sections 196/197 CrPC is not required before directing FIR registration
Sajjad Husain Advocate High Court Lucknow UP India E-Mail ID sajjadhusainlawasociates@gmail.com WhatsApp & Calling Number 7080909786
Find PDF Judgement
https://t.me/sajjadhusainlaw/301