No Clear Evidence Of Abduction Or Killing: Gauhati High Court Acquits 5 Accused Of Witch-Hunting, Murder

The Gauhati High Court has acquitted five persons convicted of abducting and killing a woman suspected to be a witch, holding that the prosecution failed to prove the case beyond reasonable doubt and that the circumstantial evidence did not form a complete chain.A Division Bench of Justice Michael Zothankhuma and Justice Anjan Moni Kalita observed, “we are of the view that when there...

Victim's Age Not Established: Gauhati High Court Sets Aside 20-Year POCSO Sentence; Imposes 12 Years For Rape

The Gauhati High Court has held that conviction under Section 4 of the POCSO Act cannot be sustained where the prosecution fails to prove that the victim was below 18 years of age, though the offence of rape may independently stand proved under Section 376(1) IPC.A Division Bench of Justice Michael Zothankhuma and Justice Shamima Jahan observed, “We hold that though conviction under Section...

Incomplete Training Or Lack Of Oath No Bar To CRPF Disability Benefits: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund held that a trainee appointed to the CRPF is a member of the Force and is entitled to rehabilitation and disability benefits under the CCS (Extraordinary Pension) Rules, 1939, even if he has not completed basic training or taken the oath. Background Facts...

Talaq-E-Hassan Valid In India, Must Be Registered Under Assam Muslim Marriages & Divorces Act: Gauhati High Court

The Gauhati High Court has held that the jurisdictional Marriage & Divorce Registrar is empowered to register Talaq-E-Hassan after satisfying himself with the procedure provided under the Assam Compulsory Registration of Muslim Marriages and Divorces Act 2024The petitioner husband had approached the high court after the Sub Registrar-Cum-Marriage and Divorce Registrar, Barpeta had refused...

Facebook India Not Necessary Party In Defamation Suit Over Facebook Posts, Meta Is Relevant Data Controller: Gauhati High Court

The Gauhati High Court has observed that Facebook India may not be a necessary party to a suit concerning allegedly defamatory content on Facebook, as Meta controls the Facebook service and is already arrayed as a party.Justice Susmita Phukan Khaund observed, “Meta controls all the activities of the Facebook. Thus, Facebook may not be a necessary party to the suit. The petitioner No. 6 does...

'Demolition Prima-Facie Illegal': Gauhati High Court Slams State For Razing Houses Without Hearing

The Gauhati High Court on Monday (September 7) pulled up the State authorities for demolishing the homes of various residents in Goalpara on private land without providing them an opportunity to have their say, prima facie observing that the action was unauthorized and illegal. In doing so the court sought response of the State as to what was the "imminent danger" requiring the demolition of...

Local NGOs Can't Lock House Of Person For Alleged Liquor Law Violation, May Only Assist Law Enforcement: Gauhati High Court

The Gauhati High Court has held that local NGOs cannot take the law into their own hands by locking the house of a person alleged to have violated the Mizoram Liquor (Prohibition) Act, 2019.Justice Nelson Sailo observed,“The local NGOs may assist the law enforcing agencies in carrying out the purpose of the Act of 2019 but it would be not permissible for them to take the law into their...

Trivial Domicile Error Without Undue Advantage Cannot Justify Cancelling Appointment: Gauhati High Court

A Division Bench of the Gauhati High Court comprising Justice Robin Phukan and Justice Yarenjungla Longkumer held that a trivial, inadvertent, and bona fide error in an application that does not affect eligibility or provide any undue advantage is not a valid ground to cancel a candidature or appointment. Background Facts The respondents had applied for the post of Constable (GD)...

Convicts Must Be Informed Reasons For Rejection Of Remission, Right To Challenge Order: Gauhati High Court

The Gauhati High Court on Wednesday (September 2) directed the States of Assam, Nagaland, Mizoram and Arunachal Pradesh to file affidavits stating the number of convicts whose remission applications have been rejected and whether the reasons for such rejection have been communicated to them. A Division Bench comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita was hearing a...

Centre Notifies Appointment Of Two Additional Judges At Gauhati High Court

The Central Government on Tuesday notified the appointment of an advocate and a judicial officer as additional judges of Gauhati High Court.Union Law Minister Arjun Ram Meghwal took to X to notify the appointments:"In exercise of the powers conferred by the Constitution of India, in consultation with Chief Justice of India, the President is pleased to appoint the following...

Gauhati High Court Orders ₹2 Lakh Compensation For Woman Expelled To Bangladesh Without Serving Foreigners Tribunal Order

Court said Foreigner's Tribunal "wilfully delayed" issuing certified copy of order to ensure she is removed, which displayed "malice in law".

Mizoram Police Press Release On Murder Probe Violated Media Briefing Protocol, Triggered Mob Violence: Gauhati High Court

The Gauhati High Court has held that a Mizoram Police press release issued during an ongoing murder investigation violated the prescribed media briefing protocol by disclosing evidence theories, forensic details and investigative tactics and divulged details which were prohibited. Justice Rajesh Mazumdar observed that the disclosure “admittedly and obviously led to public outrage and...