All High Courts
Ensure Day-To-Day Recording Of Testimony In POCSO Trials To Prevent Witness Pressure: Delhi High Court To Trial Courts
The Delhi High Court has directed all trial courts in the national capital to ensure that testimony of witnesses already being examined should be recorded on day-to-day basis till its conclusion, in order to minimise the possibility of pressurising witnesses .Justice Girish Kathpalia said that the trial courts should also ensure that such trials should preferably be conducted on day-to-day basis. “….it is directed that copy of this judgment be sent to all Principal District and Sessions...
UAPA | Order Barring Disclosure Of Witness Statements Must Record Reasons For Each Witness: Kerala High Court
The Kerala High Court has clarified that an order passed under Section 44 of the Unlawful Activities (Prevention) Act barring disclosure of witness statements must separately consider materials relating to each witness and record reasons for its decision.The Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice P.V. Balakrishnan was considering a petition preferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita challenging orders passed by the Special Court for NIA...
Bombay High Court Seeks 'Blueprint' From Administration Over Recruitment Of 2863 Judicial Officers Against Newly Sanctioned Posts
The Bombay High Court has sought from its Administration a 'blue print' for recruitment of nearly 2800 judicial officers against the newly sanctioned posts by the Maharashtra Government for the State's lower judiciary. A division bench of Justice Bharati Dangre and Justice Sarang Kotwal emphasised that the State as well as the High Court on the Administrative side will have to act 'expeditiously' to aim its goal of 'speedy justice' for the citizens. "We are cautious that the...
Punjab & Haryana High Court Asks Centre To Expeditiously Clear Punjab Mental Health Act Rules
The Punjab & Haryana High Court has directed the Central Government to ensure that the approval process for Punjab Mental Health Act Rules is completed as expeditiously as possible, preferably within a period of six weeks. The Court further expected the State of Punjab to actively expedite and assist the Central Government in the approval process.A bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was hearing a Public Interest Litigation (PIL) filed by Chandigarh based Pushpanjali...
'Totally Uncalled For': Allahabad High Court Deprecates Practice Of Trial Judges Citing Names Of Supreme Court Judges In Orders
The Allahabad High Court last week deprecated the practice of trial court judges mentioning the names of the Judges of the Supreme Court in their orders while relying on a precedent from the Top Court. The Court termed the system as "totally uncalled for" and one which could not be appreciated. It reminded judicial officers that only the citation, case number and the relevant text should be quoted in their orders. "It is reminded that while citing the judgments their citation and/or...
Indiscriminate Freezing Of Bank Accounts Of Non‑Accused Violates Articles 19(1)(g), 21: Delhi High Court
The Delhi High Court has held that blanket and disproportionate freezing of bank accounts, especially where the account holder is neither an accused nor even a suspect, is “manifestly arbitrary” and violates Articles 21 and 19(1)(g) of the Constitution of India.“….any blanket or disproportionate freezing of bank accounts, particularly where the account holder is neither an accused nor even a suspect in the offence under investigation, is manifestly arbitrary, and in the teeth of the fundamental...
Allahabad High Court Issues Notice On Plea Challenging Vires Of 'UP X-Ray Rules' For Non-Inclusion Of BMRD Degree For Technician Post
The Allahabad High Court (Lucknow Bench) last week issued notice to the Advocate General on a petition challenging the vires of the Uttar Pradesh X-Ray Technician Service Rules, 1986, which currently exclude degree holders from appointment to the post of X-Ray Technician. Finding a prima facie case for consideration, a Bench of Justice Sangeeta Chandra and Justice Amitabh Kumar Rai posted the matter for February 27. Briefly, the writ petition has been filed by 4 candidates who hold a...
J&K&L High Court Stays Defamation Proceedings Against Film Director Aditya Dhar Over 'Article 370' Movie
The High Court of Jammu & Kashmir and Ladakh has stayed further proceedings in a criminal defamation complaint filed against filmmaker Aditya Dhar and others, arising out of the feature film Article 370.The order was passed by Justice Moksha Khajuria Kazmi in a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, assailing the criminal complaint as well as the order passed by the Forest Magistrate, Srinagar in terms of which pre cognisance summons had...
'Humiliating': Allahabad High Court Sets Aside Single Judge's Order Asking Student To Display 'Won't Misbehave With Girls' Placard
The Allahabad High Court on Wednesday set aside a direction passed by a Single Judge asking a rusticated university student to stand at the university gate for 30 minutes (for 30 days) carrying a placard with the message that he would "never misbehave with any girl". Terming the direction as unjustified and humiliating, a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra added that such a punishment would leave a "permanent scar" on the student's character. Briefly...
High Court Refuses To Revise Final Result Of Delhi Judicial Services Exam 2023, Says Interference May Open Floodgates
The Delhi High Court has rejected a plea seeking revision of the final result of Delhi Judicial Services Examination, 2023, observing that judicial interference may open floodgates, leading to cascading consequences and rendering the process unworkable.A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that Courts must exercise restraint and accord due latitude to examining authorities in the regulation of academic and evaluating matters.The Court said...
Child Custody Guidelines | Delhi High Court Refers PIL For 'Parenting Plan' To Administrative Side; Committee To Decide On Policy
The Delhi High Court on Wednesday asked a PIL petitioner, who sought the formulation of structured 'Child Access and Custody Guidelines' and a 'Parenting Plan', to approach the HC on its Administrative Side for policy formulation regarding the issue. A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia thus disposed of a PIL plea filed by the Ayushman Initiative for Child Rights and the Ekam Nyaay Foundation, observing that the matter was to be considered by the ...
Delhi High Court Calls For Integration Of Non-FIR Complaint Data, Pending & Decided Court Cases On NCRB Portal
The Delhi High Court has called for integration of data of complaint cases which do not result in FIRs as also cases which are pending or decided by the competent Courts on the National Crime Records Bureau (NCRB) portal. A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain asked the Director of NCRB as also DDG of National Informatics Centre (NIC) to file status reports as to whether any steps have been contemplated for integrating the said data on the NCRB portal. The...