Uttarakhand HC Directs Environment Ministry's Secretary To Appear As Forest Dept Fails To Comply Directions Issued To Tackle ‘Man-Animal Conflict’

The Uttarakhand High Court has ordered the Principal Secretary, Ministry of Environment, Forest and Climate Change to appear before it in the next date as the department failed to report compliance of directions issued through a standing order by the government itself. The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal observed,“It appears to us that the compliance affidavit has been filed only to somehow get out of the rigor of our order dated 17.04.2023, which...

PIL Against Permissibility Of Marriage Of Minor Girls Under Muslim Law: Uttarakhand HC Issues Notice To 'Muslim Personal Law Board'

In a Public Interest Litigation (PIL) plea filed challenging the permissibility of marriage of Girls below 18 Years of age under Muslim Law, the Uttarakhand High Court last week directed to implead and issue notice to the All India Muslim Personal Law Board (AIMPLB). The bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma issued the notice asking the board to respond within 4 weeks on the PIL plea moved by the Youth Bar Association of India questioning the permissible age of...

Ensure No Environmental Degradation Takes Place While Executing Badrinath Redevelopment Plan: Uttarakhand HC To State Govt

The Uttarakhand High Court has directed the State Government to ensure that no environmental degradation takes place while undertaking redevelopment works in and around the Badrinath Township.The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal directed so while dismissing a Public Interest Litigation (PIL) plea filed by one Subhash Sharma alleging that the state government is conducting a massive demolition drive while undertaking redevelopment works in and around the...

Uttarakhand High Court Judge Recuses From Hearing AIIMS Delhi's Writ Plea Involving IFS Officer Sanjiv Chaturvedi

Justice Rakesh Thapliyal of Uttarakhand High Court last week recused from hearing a writ petition filed by All India Institute of Medical Sciences (AIIMS), Delhi against an order of Nainital Bench of Central Administrative Tribunal (CAT) concerning whistleblower Indian Forest Service (IFS) Officer Sanjiv Chaturvedi.When the matter came up for hearing before the bench comprising...

Uttarakhand High Court Directs Facilitation Council Under MSMED Act To Educate Its Officers About Arbitration Law, To Avoid Flagrant Violation Of Arbitration Act

The Uttarakhand High Court has directed the Micro, Small and Medium Enterprises Facilitation Council to organize workshops and seminars to educate its officers, who undertake arbitration proceedings, to equip themselves with the law of Arbitration. The court passed the said direction while hearing an appeal against the decision of the Commercial Court who had set aside the arbitral...

Centre Notifies Elevation Of Two Lawyers, One Judicial Officer As Judges Of Uttarakhand High Court

The Central Government has notified the appointment of Advocates Rakesh Thapliyal and Pankaj Purohit and Judicial Officer Vivek Bharti Sharma as the Judges of Uttarakhand High Court. The Union Law Minister Mr Kiren Rijiju tweeted the development. In April the Supreme Court Collegium headed by Chief Justice of India Dhananjaya Y Chandrachud had recommended their names...

S.295A IPC | Offences Affecting ‘Secular Fabric’ Of Country Can’t Be Compounded: Uttarakhand High Court

The Uttarakhand High Court has recently held that offences which outrage religious sentiments of communities and have tendency to affect ‘secular fabric’ of the country, cannot be compounded.While rejecting to compound an offence under Section 295A of the Indian Penal Code, the Single Judge Bench of Justice Sharad Kumar Sharma observed,“The wider reason, why these words...

Uttarakhand High Court Issues Notice On Plea Seeking Proper Implementation Of Environmental Laws In Mussoorie

The Uttarakhand High Court has issued notice to the state government, the union Ministry of Environment, Forest and Climate Change, the state pollution control board and Mussoorie-Dehradun Development Authority on a PIL raising concerns about the deteriorating environmental conditions in Mussoorie.The division bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma said the respondent authorities should deal with the specific allegations made by the petitioner in the plea. "In...

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal

While acquitting a person who was convicted in 2005 under the NDPS Act, the Uttarakhand High Court said non-compliance of Section 50 of the Act makes sufficient case for acquittal.Justice Alok Kumar Verma said that, “Appellant was not informed of his legal right (to be searched in the presence of the Gazetted Officer or Magistrate), therefore, non-compliance of Section 50 of the Act, 1985 makes sufficient case for acquittal.”The judgement was passed on the appeal against the conviction of...

Uttarakhand High Court Orders Reinstatement Of Rajiv Bhartari As Principal Chief Conservator Of Forest

The Uttarakhand High Court on Monday ordered the government to allow senior IFS officer Rajiv Bhartari to take over as the Principal Chief Conservator of Forest/ Head of Forest Force (PCCF/HoFF). He was earlier allegedly transferred merely on the basis of a note prepared by the Minister of Forest.While granting relief, the Division Bench of Chief Justice Vipin Sanghi and Justice Alok...

Uttarakhand High Court Directs State To Disclose Status Of Lokayukta Institution, Expenditure Incurred Since Inception

The Uttarakhand High Court bench comprising Chief Justice Vipin Sanghi and Justice Alok Kumar Verma has directed the State to disclose the status regarding the establishment of the Lokayukta Institution, as well as the expenditure incurred on the said institution since its inception, year-wise up to 31st March 2023 within three weeks.The court was hearing the PIL filed by a resident...

Heads Of Higher Educational Institutions Shall Be Held Responsible For Ragging Incidents: Uttarakhand High Court

The Uttarakhand High Court has passed directions to the State and University authorities to strictly implement the Regulations to curb ragging in all the higher educational institutions of the State.While expressing serious concern over the menace of ragging, the Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma said“…it is seen that the activity of ragging...