Gauhati High Court
Ensure Office Of Transgender Welfare Board Is Made Functional By June 23: Gauhati High Court To Social Welfare Department
The Gauhati High Court has directed Assam's Finance Department to ensure that the budget for setting up the office of the Transgender Welfare Board is released at the earliest. While hearing a PIL filed by All Assam Transgender Association, the division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria further directed the Director, Social Welfare Department, Government...
Right To Education: Gauhati High Court Asks Secretary School Education To Ensure Admission Of Students Under EWS Quota Or Remain Present On May 24
The Gauhati High Court on Wednesday directed the Secretary, Department of School Education, to ensure that the 49 children, whose applications are pending under Right of Children to Free and Compulsory Education Act, 2009, across various schools in Assam, be provided admission as per the mandate of the law.The division bench comprising Chief Justice Sandeep Mehta and Justice Mitali...
'Benefit Of Doubt': Gauhati High Court Acquits Man Accused Of Strangulating His Minor Son In 2012
The Gauhati High Court recently set aside the murder conviction of a man accused of murdering his own newborn child, on the ground that the prosecution did not prove the place of occurrence, manner of occurrence and participation of the accused in the said crime beyond reasonable doubt.The division bench of Justice Lanusungkum Jamir and Justice Malasri Nandi observed that the dead body of...
Gauhati High Court Orders Status Quo On Pollution Control Board’s Grant Of Consent For Setting Up ‘Red Category’ Industry At Amingaon
The Gauhati High Court recently issued notice to Assam Government and State Pollution Control Board in a PIL questioning the decision of the latter in granting consent to M/s M M Carbon Products Pvt. Ltd. to set up a ‘Red Category’ Industry (Calcined Petroleum Cake) at Amingaon, Guwahati. The division bench of the Chief Justice Sandeep Mehta and Justice Suman Shyam further directed that...
Preventive Detentions: Gauhati High Court Seeks Report From Prisons To Check If Anyone Detained Beyond Period Of 3 Months Without Confirmation Order
The Gauhati High Court recently directed the Assam State Legal Services Authority to seek a report from all prisons and take remedial measures regarding the status of detenues who are detained under the preventive detention laws beyond the period of three months from the date of initial order of detention without the order of confirmation passed by the Advisory Board. The division bench of...
Justice Robin Phukan Appointed As The Permanent Judge Of Gauhati High Court
The Central Government on Saturday notified the appointment of Justice Robin Phukan, Addl. Judge of the Gauhati High Court as a Permanent Judge of the High Court. A notification issued in this regard states thus:"In exercise of the power conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Robin Phukan, Additional Judge of...
Gauhati High Court Initiates Suo Moto PIL Over Contamination Of Brahmaputra Tributary, Seeks Assam Govt's Response By May 18
The Gauhati High Court on Thursday issued notice to the Assam Government and other authorities in a Suo Motu PIL regarding the contamination and degradation of Bharalu river.The High Court has registered the Suo Motu PIL on the basis of letter forwarded by Pratap Chandra Das, a former student of Sonaram Higher Secondary School, Guwahati.Das, in his letter highlighted that the Bharalu river,...
Providing SIM Card To ‘Illegal Bangladeshi National’ For Anti-National Activities Amounts to Providing ‘Logistics Support’: Gauhati High Court
The Gauhati High Court has said that providing a SIM card to an “illegal Bangladeshi national for carrying out anti-national and terrorist activities”, amounts to providing them with ‘logistics support’ to conduct such activities in India.Denying bail to an accused in a case registered by Assam Police under provisions of UAPA and provisions of Indian Penal Code like Section 121,...
Relationship Was Consensual, Prosecution Failed To Prove She Was Minor: Gauhati High Court Acquits POCSO Convict
The Gauhati High Court recently set aside the conviction of an accused under Section 6 of POCSO Act and Section 363 of IPC on the ground that the prosecution failed to prove the age of victim to be less than 18 years at the time of commission of alleged offence. The court also said the relationship between the accused and the victim was consensual. The single judge bench of Justice Mridul...
Non-Compliance Of Section 50 Vitiated Search And Subsequent Conviction: Gauhati High Court Acquits Convict In NDPS Case
The Gauhati High Court on Tuesday set aside the conviction of an accused under NDPS Act on the ground that there was non-compliance of Section 50 of NDPS Act while searching the accused. The single judge bench of Justice Parthiv Jyoti Saikia observed that recovery of narcotic drugs from a bag carried by a person would attract Section 50 of the NDPS Act, if, in course of such search, the body...
Contempt: Gauhati High Court Sentences Lawyer Convicted For "Character Assassination" Of Judicial Officer To 6 Months Imprisonment
The Gauhati High Court has sentenced Advocate Utpal Goswami, who was convicted for contempt of court for making scathing remarks against an Additional District Judge by inter alia commenting upon her attire and comparing her to mythical demon, to six months imprisonment.The division bench of Justice Kalyan Rai Surana and Justice Devashis Baruah also prohibited him from appearing as an...
Gauhati High Court Directs Assam Govt To Grant Benefit Of Allowances To Grade-III 'Temporary' Employees Of Erstwhile Fast Track Courts
The Gauhati High Court recently directed Assam Government to grant benefit of allowances to the staff who were appointed in various Fast Track Courts and are drawing a minimum of pay scale in Grade-III posts.The division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria noted that those who are holding Grade-IV posts have already been extended the benefit of minimum pay...