Gauhati High Court
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...
Supreme Court Collegium Recommends Justice Robin Phukan Be Made Permanent Judge Of Gauhati High Court
The Supreme Court Collegium (SCC) comprising CJI Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice K. M. Joseph on Tuesday recommended the name of Justice Robin Phukan, Additional Judge, for appointment as a permanent judge of the Gauhati High Court. The Judgment Evaluation Committee constituted in terms of the Resolution dated October 26, 2017 of the SCC said each...
Gauhati High Court Refuses To Quash FIR Against Congress Leader Srinivas BV, Warns Senior Lawyer For Comment On Judge’s Imminent Retirement
Observing that there is "no indication" in the case diary that the FIR is politically motivated and based on some false and concocted story, the Gauhati High Court dismissed Indian Youth Congress Chief Srinivas BV’s plea seeking quashing of an FIR accusing him of sexual harassment and outraging the modesty of an expelled party leader. The bench of Justice Ajit Borthakur said,“The nature...
Gauhati High Court Rejects Anticipatory Bail Plea Of Youth Congress Chief Srinivas BV In Harassment Case
Observing that the “investigation is at its nascent stage”, the Gauhati High Court has rejected the anticipatory bail plea of Youth Congress Chief Srinivas BV in an FIR alleging sexual harassment and outraging the modesty of an expelled party leader.Justice Ajit Borthakur said that the statement of the alleged victim wherein she has implicated the accused with the alleged offences...