Unlawful Assembly By Itself Not An Offence: Madras High Court Quashes Case Against 15 Who Assembled To Celebrate 100 Years Of RSS

The Madras High Court recently quashed criminal cases lodged against 15 members of the Rashtriya Swayamsevak Sangh (RSS) who had assembled unlawfully to celebrate the organisation's 100th year ceremony. Justice Nirmal Kumar noted that the parties had only assembled unlawfully to celebrate 100 years of the organisation and no public was affected by the same. The court remarked that...

'Eye Witnesses Turned Hostile': Vijay Kulkarni Tells Karnataka High Court In Plea Against Conviction, Life Term In Yogesh Gouda Murder Case

Former Congress MLA Vinay Kulkarni told the Karnataka High Court on Tuesday (June 02) that the trial court order convicting and sentencing him to life imprisonment for the murder of BJP Leader Yogesh Goudar was based on 'extraneous considerations' as none of the eye witnesses had supported the prosecution case.The Division bench of Justice Mohammad Nawaz and Justice G Basavaraja was hearing...

Invoking Wrong Provision No Bar To Challenge Curtailment Of Liberty: P&H High Court Grants Man Bail Accused Of Putting Pro-Khalistan Posters

The Punjab and Haryana High Court has held that invoking an incorrect statutory provision while filing a bail appeal under the Unlawful Activities (Prevention) Act, 1967 (UAPA) cannot defeat an accused's substantive right to challenge curtailment of liberty. In doing so the Court granted bail to an accused booked under UAPA, noting his prolonged incarceration of over four and a half years...

Ante-Dated FIR Renders Investigation Tainted & Unsafe To Rely Upon: J&K&L High Court Upholds Acquittal In Murder Case

Holding that an ante-dated First Information Report casts serious doubt on the genuineness and spontaneity of the prosecution case and renders the ensuing investigation tainted, the High Court of Jammu & Kashmir and Ladakh has upheld the acquittal of a man accused of murder.The Court observed that where it is shown that the FIR was not lodged at the time it purports to have been recorded,...

Provision To Extend Investigation Time Under NDPS Act Applies Even In Narco-Terror Cases Under UAPA: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Unlawful Activities (Prevention) Act, 1967, though both special enactments, operate in distinct legislative fields and are required to be harmoniously construed.The Court ruled that the mere existence of Section 48 of the UAPA does not automatically...

Centre Notifies Appointment Of Justice Meenakshi Madan Rai As Chief Justice Of Patna High Court

The Central Government on Tuesday (June 2) notified the appointment of Sikkim High Court judge Justice Meenakshi Madan Rai as Chief Justice of Sikkim High Court. Union Law Minister Arjun Ram Meghwal took to X (formerly Twitter) to notify the appointment which states:"In exercise of the power conferred by the Constitution of India and in consultation with the Chief Justice of India, the...

Accused Entitled To Default Bail If Final Report E-Filed After 5 PM On Last Day Of Prescribed Statutory Period: Kerala High Court

The Kerala High Court recently held that an accused would be entitled to default bail if the final report was e-filed by the police after 5 p.m. on the last day of the statutory period prescribed.The Court's reasoning was that since as per Electronic Filing Rules for Courts (Kerala), 2021, e-filings made after 5 pm are deemed to have been instituted on the next working day, the final report...

“Ordinary Citizen Not Supposed To Know Full Form Of BNSS Unless Informed”: J&KL High Court Quashes Preventive Detention Order

The High Court of Jammu & Kashmir and Ladakh has quashed a preventive detention order passed under the Jammu and Kashmir Public Safety Act, 1978, observing that an ordinary citizen is not supposed to know the full form or meaning of the abbreviation 'BNSS' unless law enforcement agencies and the concerned magistrate disclose it.The Court held that the detention order referring to...

Approach Karnataka HC: Allahabad HC Refuses To Entertain BJP Worker's PIL Seeking Probe Against 'Cockroach Janta Party'

The Allahabad High Court (Lucknow bench) today declined to entertain a criminal public interest litigation seeking a deep and pervasive inquiry by the National Investigation Agency (NIA) and the Enforcement Directorate (ED) against the activities of 'Cockroach Janata Party' and its founder Abhijit Dipke. A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary noted...

AP Nurses Association Does Not Perform Public Functions, Writ Won't Lie Against Appointment Of Election Officer By State Govt: High Court

The Andhra Pradesh High Court has dismissed two writ petitions filed by a nurse challenging the conduct of elections to the AP Government Nurses Association, holding that disputes relating to elections of a private society cannot be adjudicated in writ jurisdiction under Article 226 of the Constitution.Justice Nyapathy Vijay held that the Andhra Pradesh Government Nurses Association is a...

Enemy Infiltrated Govt Through Employees To Advance Terror Agenda: J&K&L High Court Upholds Constable's Dismissal For Sheltering Militant

The High Court of Jammu & Kashmir and Ladakh has upheld the dismissal of a police constable who was found involved in anti-national activities, observing that the enemy had been using multiple tools and strategies to disintegrate the nation by infiltrating the Government through its employees and members of the security forces.The Court held that the respondent was one such pawn in the...

Kerala HC Reserves Order On Transit Anticipatory Bail Plea By Kumbh Mela Star, Husband In MP Police FIR Over Father's Abduction Allegation

The Kerala High Court on Tuesday (June 2) reserved verdict in the transit anticipatory bail plea moved by viral Kumbh Mela star and her husband in an FIR lodged after her father filed a complaint before Madhya Pradesh police alleging abduction of his daughter.Dr. Justice Kauser Edappagath reserved his verdict after hearing arguments by the parties. Earlier in the day the court had permitted...