High Courts Weekly Roundup

Week Commencing From August 17, 2020 To August 23, 2020 Allahabad High Court 1) Allahabad HC Adjourns Dr. Kafeel Khan's Habeas Corpus Plea to August 24 For Final Hearing And Disposal [Nuzhat Perween v. State of UP & Anr.] The Division comprising Chief Justice Govind Mathur and Justice Samit Gopal has fixed the Habeas Corpus plea filed against alleged illegal detention of Dr. Kafeel Khan, who has been in detention at Mathura Jail since 29th January, 2020, for final disposal on August 24, 2020. The order has come after the Supreme Court last week directed High Court to expeditiously dispose of Khan's habeas corpus plea, who has been in detention at Mathura Jail since 29th January, 2020. 2) Allahabad HC Defers Hearing Of Contempt Plea Against Failure Of State Authorities To Implement Social Distancing Norms [In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive Respondent] The Division Bench comprising Justices Siddhartha Varma and Ajit Kumar deferred the hearing of the contempt applications filed before it by two practicing Advocates, highlighting the failure of the State authorities in implementing social distancing norms, despite repeated orders from the Court. The Bench expressed hope that the Police and the District Administration all over the State would leave no stone unturned to see that the Government guidelines /directives are complied with in letter and spirit. However, it decided to keep the contempt applications pending, in case the assurances given by the authorities do not fructify. Also Read: Social Distancing Seems To Be An 'Empty Shibboleth'; Treatment System At Government Hospitals Has 'Collapsed': Allahabad HC Raps UP Govt 3) Allahabad HC Takes Cognizance Of A Missing BHU Student, Allegedly Disappeared From Police Custody [Saurabh Tiwari v. State of UP] The High Court took cognizance of a letter petition addressed to the Chief Justice in relation to a missing student from Varansai, who allegedly disappeared from the Police custody six months ago. The Division Bench comprising Chief Justice Govind Mathur and Justice Samit Gopal has issued notice to the concerned authorities and has asked the Government Advocate to file a complete statement of facts in a form of short counter affidavit, before next date of hearing. Andhra Pradesh High Court 1) AP HC Requests Justice R V Raveendran To Inquire Into Phone Conversation Designing Plot Against HC CJ & Senior SC Judges [BC, SC, ST Minority Student Federation v. Union of India & Ors.] A bench of Justices M. Satyanarayana Murthy and Lalitha Kanneganti ordered inquiry by a retired judge of the Supreme Court into the genuineness of an alleged telephonic conversation between a former High Court judge and a principal junior civil judge, who is under suspension, conspiring to design a plot against the Chief Justice of the High Court and senior judges of the SC. The Court took cognisance of a conversation contained in a pen drive and requested Justice RV Raveendran, former SC judge, to hold an inquiry into it. The bench cited the SC precedent in the suo moto case taken last year in which retired SC judge, Justice A K Patnaik, was asked to inquire if the sexual harassment allegations against the then CJI, Ranjan Gogoi, was a part of larger conspiracy. 2) AP HC Issues Notice To Centre, State On PIL Alleging Phone-Tapping Of HC Judges With Connivance Of Govt., To Malign Institution Of Judiciary [Nakka Nimmi Grace v. Union of India & Ors.] The High Court issued notice to the Centre, the state government, the CVC, the CBI and the TRAI on a PIL alleging that "with the active instigation of political bigwigs", an attempt is being made to "tap/keep surveillance on the phones of some of the judges of the High Court of Andhra Pradesh" with a view to "tarnish the image of the prestigious institution of the judiciary". Recording that "this public interest litigation has been filed inter-alia contending that as per the newspaper clipping, telephone tapping of the mobile phones of the judges of the High Court is taking place", Chief Justice Jitendra Kumar Maheshwari and Justice D. Ramesh issued notice to the aforesaid, besides the state DGP and certain telecom service operators. Bombay High Court 1) "Police Has Been Dragging Its Feet In This Investigation" ; Bombay HC Directs Mumbai Police Commissioner To Constitute SIT Into Death Caused Due To Police Brutality [Firdause Irani v. State of Maharashtra & Ors.] Division bench of Chief Justice Dipankar Datta and Justice Anuja Prabhudessai directed the Mumbai Police Commissioner to form a SIT of two officers "with impeccable integrity and unquestionable competence" within 24 hours to "freely and fairly" investigate the death of a 22-year-old man in Vile Parle who was assaulted by police officials on March 29 during the lockdown. "Allegations of police...

High Courts Weekly Roundup

Akshita Saxena

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