Abstract
The consequences of the decision in Ashwani Minda are undoubtedly acute. In this piece, the authors analyze this case and fundamentally disagree with the decisions of the Delhi High Court. Segment II of this paper sets out the factual matrix, and Segment III examines the case’s procedural posture before Delhi High Court (both Single Judge and Division Bench). Segment IV undertakes a detailed analysis of the Delhi High Court’s decision on the merits of the case and highlights the aspects in which the authors believe that the High Court erred in its decision. Finally, segment V concludes the paper with a mild forewarning and a pragmatic approach going forward.
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