'Corruption Allegations Frequent': Allahabad High Court Flags 'Disturbing' Circumstances In UP Basic Education Dept

The Allahabad High Court has flagged what it described as "disturbing circumstances" prevailing in Uttar Pradesh's Basic Education Department, observing that allegations of corruption and illegal gratification are frequently brought to its notice.A bench of Justice Manju Rani Chauhan made the observation while considering an application seeking withdrawal of a writ petition that had...

Allahabad High Court Flags Police Non-Compliance With S. 105 BNSS Videography Mandate For Search & Seizure

The Allahabad High Court (Lucknow Bench) recently flagged police non-compliance with the statutory mandate under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requiring audio-video recording of search and seizure proceedings. A bench of Justice Rajeev Bharti made the observation while granting interim anticipatory bail to four accused in a case under Sections 3/5A/8 of...

Hijab Not Essential Part Of Islamic Faith: Allahabad High Court Dismisses Muslim Girl's Plea To Wear It With School Uniform

The Allahabad High Court last week dismissed a minor Muslim student's plea seeking permission to wear a Hijab (headscarf) with her school uniform, observing that the petitioner had failed to place sufficient material to establish that wearing a headscarf was an essential religious practice of the Islamic faith. A Bench of Justice JJ Munir and Justice Indrajeet Shukla also held that a...

'Disheartening': Allahabad High Court Laments Lapses In POCSO Case As 8 Y/O Victim Shuttled Between Hospitals, Evidence Mishandled

The Allahabad High Court (Lucknow Bench) last week expressed serious concern over multiple lapses in the medical examination and preservation of forensic evidence concerning an 8-year-old POCSO victim. The Court described the situation as "deeply disheartening" as it remarked that the lapses represented a “serious failure” in handling vital evidence involving a minor victim. The...

Allahabad High Court Strikes Down Key Provisions Of UP's 2021 Tenancy Act; 1972 Rent Law Revives To Extent Required

In a significant judgment, the Allahabad High Court on Friday struck down key provisions of the UP Regulation of Urban Premises Tenancy Act, 2021, holding that its provisions on rent revision, rent determination and eviction are repugnant to existing Parliamentary law. A Bench of Justice Saumitra Dayal Singh and Justice Swarupama Chaturvedi held that Sections 8, 9 and 10 of the 2021 Act,...

Allahabad High Court Directs Personal Appearance Of UP DGP To Explain Police Officers' Reluctance To Obey Court Orders

The Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to appear personally before it and explain why police officers are showing 'reluctance' to obey/comply with orders passed by the Court. A bench of Justice Sameer Jain passed the direction while hearing a bail application filed by Pushpraj Singh alias Babloo in a case involving murder...

Accused On Interim Bail Cannot Be Arrested Merely Because New Offences Are Added: Allahabad High Court Orders Inquiry Against Cop

The Allahabad High Court has observed that an accused who is already on interim bail in a case cannot be arrested merely because additional offences have been added during the course of investigation, without the police first approaching the concerned court for appropriate orders. A Bench of Justice Samit Gopal termed the arrest of an accused, while on interim bail, booked under...

Allahabad High Court Orders Judicial Inquiry Into Man's Death In STF Custody After Post-Mortem Finds Antemortem Injuries

The Allahabad High Court recently directed a judicial inquiry into the death of a person who allegedly died while in the custody of the Special Task Force (STF), after noting that the post-mortem report recorded antemortem injuries on the deceased.A Bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra passed the order while hearing a petition seeking transfer of...

Attempt To Influence & Intimidate Judge Over Call? Allahabad High Court Refers Senior IAS Officer's Conduct For Criminal Contempt

The Allahabad High Court has referred the conduct of senior IAS officer and Devi Patan Mandal Commissioner Durga Shakti Nagpal to the court dealing with criminal contempt matters after a Judicial Officer alleged that the Commissioner attempted to influence and intimidate her over a phone call in connection with a pending civil suit.A Bench of Justice Syed Qamar Hasan Rizvi observed that the...

Termination Of Bank Employee Under Regulation Retrospectively Declared Unconstitutional Cannot Stand: Allahabad High Court

The Allahabad High Court has held that the termination of a bank employee under a regulation enacted after the Constitution of India but declared as unconstitutional, has retrospective effect and thus such termination cannot stand and would be illegal. In doing so the court reiterated that the situation is different in case of a law enacted prior to the Constitution which is only eclipsed by...

POCSO Misuse | Allahabad High Court Flags Use Of Forged School Certificates To Show Victims As Minors, Seeks UP Govt Guidelines

The Allahabad High Court recently flagged what it described as the "clear misuse of the POCSO Act" by the parents of the victims who submit forged school certificates to show the victims as below 18 years of age.The Court noted that this practice results in the false implication of several young boys who find it difficult to obtain bail and are easily convicted in view of the presumption...

Accused On Bail Shown As In Jail, Gang Chart Approved Without Joint Meeting: Allahabad High Court Quashes UP Gangsters Act FIR

The Allahabad High Court recently quashed an FIR registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, after noting that the mandatory joint meeting was not held and incorrect entries were made showing accused persons as being in jail despite the fact that they had been granted bail. A Bench of Justice JJ Munir and Justice Tarun Saxena thus allowed...