'Calls Into Question Its Very Existence': Allahabad HC Raps NHRC For Closing Custodial Death Case Relying Only On Police Version

Observing that a 16-year-old custodial death case of a disabled man discloses severe "institutional failures", the Allahabad High Court on Monday rebuked the National Human Rights Commission (NHRC) & UP Police and admitted HC's own procedural delay in unearthing the truth of the case. In its 16-page order, the Court severely criticised the NHRC for closing the 2009 case by...

Police Torturing Relatives Of Accused Is A 'Colonial Practice', Violates Article 21: Allahabad High Court

The Allahabad High Court has observed that the Police's act of torturing or harassing the relatives of an accused is a 'colonial practice' which is violative of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India.A bench of Justice JJ Munir and Justice Tarun Saxena added that in contemporary times, the police have scientific methods to locate...

State's Duty Doesn't End With Prosecuting Offender: Allahabad HC Summons UP Officials Over Lack Of Acid Attack Survivor Rehab Policy

The Allahabad High Court recently expressed its strong displeasure over the State authorities treating acid attack matters "lightly and casually" and for not framing a comprehensive policy for the compensation, rehabilitation and long-term support of acid attack survivors. A bench of Justice Saral Srivastava and Justice Garima Prashad took strong exception to the UP Government's...

Law Being Drafted To Ban Sale & Use Of Lethal 'Chinese Manjha', Compensate Victims: UP Govt Informs Allahabad High Court

The Uttar Pradesh Government last week informed the Allahabad High Court that it will soon be coming up with a strict Law to prevent the manufacture, sale and use of lethal 'Chinese Manjha', a manjha laced with glass particles used for kite flying. Crucially, the State submitted that the payment of compensation to the victims is also being considered under this new law, which is...

Ganga Boat Iftar Row | Allahabad High Court Grants Bail To Remaining 6 Accused

The Allahabad High Court on Monday granted bail to the remaining 6 Muslim men accused of organizing an Iftar party, consuming non-vegetarian food on a boat in the river Ganga (in Varanasi) and throwing leftover waste into the river. A bench of Justice Rajiv Lochan Shukla granted them bail, noting that in the same FIR, 8 accused have already been granted the relief. It may be...

S.133 CrPC | Evidence Adduced In Proceedings For Removal Of Nuisance Needs To Be Reliable, Not Conclusive In Nature: Allahabad High Court

The Allahabad High Court has held that the proceedings for removal of nuisance under Section 133 CrPC are summary in nature and requires “any reliable evidence” not conclusive evidence for deciding the application regarding alleged nuisance. Dr. Justice Ajay Kumar-II held,“The proceedings under section 133 of Cr.P.C. are summary in nature and are meant for the cases of imminent danger...

High Court Can't Enhance Or Reduce Maintenance Amount In Revisional Jurisdiction; Remedy Lies U/S 146 BNSS: Allahabad HC

The Allahabad High Court has clarified that it cannot directly increase or decrease a maintenance amount while dealing with a plea under its revisional jurisdiction. A bench of Justice Achal Sachdev observed that the proper remedy for the modification or alteration of maintenance allowance due to changed circumstances lies solely under Section 146 BNSS, which is pari materia with...

Tenant Claiming Protection Under UP Rent Control Act Must Prove Applicability Of Statute: Allahabad High Court

The Allahabad High Court has held that a tenant must prove applicability of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 to seek protection under its provisions. Dr. Justice Yogendra Kumar Srivastava held,“….where a tenant seeks protection under the provisions of U.P. Act No. 13 of 1972, the burden lies upon the party asserting applicability of...

Bank Can't Metamorphose Into Investigating Agency: Allahabad HC Slaps ₹50K Cost On IOB For Arbitrarily Freezing Account

The Allahabad High Court recently imposed a cost of Rs. 50K on the Indian Overseas Bank for arbitrarily freezing the account of a Firm merely on suspicion without there being any formal complaint or order from an investigative authority, causing it to suffer severe financial loss and disruption of business operations. "The act of the Bank in casually freezing the bank account of...

No Constitutional Embargo: Allahabad HC Upholds Validity Of UP Law Providing Allowances, Benefits To Sitting & Ex-MLAs/MLCs

In a significant judgment, the Allahabad High Court recently upheld the constitutionality of certain provisions of the Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980, which provide allowances, allied benefits and pensions for sitting legislators and pensions to former MLAs/MLCs. A bench of Justice Rajan Roy and Justice Abdhesh Kumar Chaudhary clarified...

Allahabad HC Grants Interim Protection From Arrest To Woman Accused Of Falsely Posing As 'Aaj Tak' Reporter

The Allahabad High Court recently granted interim protection from arrest to a journalist accused of falsely projecting herself as a reporter of the 'Aaj Tak' news channel and misusing its logo in the photographs with the UP Chief Minister and other eminent persons. Observing that the matter requires consideration, a bench of Justice Rajeev Misra and Justice Padam Narain Mishra...

Varanasi Iftar Row | 'Throwing Non-Veg Food Remains In Ganga Can Hurt Religious Sentiments Of Hindus': Allahabad HC

The Allahabad High Court last week allowed the bail applications of 8 Muslim men accused of organizing an Iftar party, consuming non-vegetarian food on a boat in the river Ganga (in Varanasi) and throwing leftover waste into the river.In separate orders issued on the same day (May 15), Justice Rajiv Lochan Shukla granted bail to 5 of the accused, while Justice Jitendra Kumar Sinha granted bail...