S.438 CrPC | Anticipatory Bail Plea Maintainable Even After Filing Of Chargesheet: Uttarakhand High Court Holds By 2:1 Majority

The Uttarakhand High Court has, by a 2:1 majority, held that application for ‘anticipatory bail’ under Section 438 CrPC can be entertained even after submission of charge-sheet. In their concurring opinions, Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari held that the legislature has not imposed any restriction as regards the stage upto which an application for anticipatory...

Uttarakhand High Court Seeks Response From State On Allegations Of Illegal Mining & Felling Of Trees In Dehradun

The Uttarakhand High Court has directed State authorities to file response to a plea filed against alleged illegal mining and felling of trees in Salan Gaon, Dehradun.The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal said, “We direct the respondent- authorities to file their counter-affidavit within two weeks. The counter-affidavit should specifically state as to what...

'No One Is Above Law To Direct For Demolition Of Accommodation Sans Due Process Of Law': Ut'khand HC Stays Razing Of IDPL Houses

Stressing that the rule of law should prevail, the Uttarakhand High Court recently directed the State Government to stop the demolition of houses inside the IDPL (Indian Drugs and Pharmaceuticals Limited) Colony within its 899.53 Acres now-closed Rishikesh Plant.Observing that the Government should have initiated eviction proceedings under the Public Premises (Eviction of Unauthorized...

Central University Act | Academic Council Can't Delegate Power To Decide Equivalence/ Relevance Of Subjects: Uttarakhand High Court

The Uttarakhand High Court has held that the question of equivalence of multiple subjects, for the purpose of appointment of faculties, can only be decided by the Academic Council of Universities and the said power of the Council cannot be delegated to any other body.While disapproving such delegation, the Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal held,“In...

Ut'khand HC Dismisses 'In Limine' PIL Challenging Vires Of 2023 Amendment To IT Rules Allowing Govt To Fact Check Social Media Posts

The Uttarakhand High Court last week dismissed a Public Interest Litigation (PIL) plea 'IN LIMINE' which challenged the vires of new amendment to Information Technology Rules [Rule - 3 (i) (II) (C) of 2023 IT Amendment Rules] that empower the Central Government to identify 'Fake News' about itself in social media.The bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal observed...

Facebook Sexual Harassment: Uttarakhand High Court Orders Accused To Plant 50 Trees As Condition To Quash Criminal Proceedings

In a peculiar order, the Uttarakhand High Court has ordered a man, accused of sexually harassing a lady over social media platform Facebook, to plant 50 trees as a condition to quash criminal proceedings pending against him.While giving relief to the accused, the Single Bench of Justice Sharad Kumar Sharma observed, “But, composition in itself should carry a lesson for the applicant that...

What Restrictions Have Been Placed On Location Of Industries, Mining Operations In Doon Valley?: Uttarakhand High Court Asks State To File Reply

The Uttarakhand High Court has directed the State to file “a better affidavit” bringing on record, all the documents, and the policies claimed to have been formulated from time to time after the issuance of the 1989 Notification by the Ministry of Environment and Forest.“The affidavit should specifically state as to what are the restrictions placed in the policy with regard to the...

PIL Over Ill-Treatment Of Equines Deployed On Char-Dham Yatra Routes: Ut'khand HC Seeks Presence Of State Animal Welfare Board Official

The Uttarakhand High Court on Monday heard a Public Interest Litigation (PIL) plea concerning the ill-treatment of the equines, which are deployed in the Kedarnath, Yamunotri, Gangotri, Gaumukh and Hemkhud Sahib pilgrimage routes for the purpose of carrying pilgrims as well as goods.Calling it a "very serious issue of public interest", the bench of Chief Justice Vipin Sanghi and Justice...

“Rape Law Misused As A Weapon By Females Upon Differences With Male Counterpart”: Uttarakhand High Court

The Uttarakhand High Court has recently quashed pending criminal proceedings against a man for allegedly having sexual intercourse with a lady for decades on the false promise of marriage. While disapproving the continuance of such case, the Single Bench of Justice Sharad Kumar Sharma observed,“In fact, the offence under Section 376 of the IPC as of now in this modernised society is...

Ut'khand Bar Council Undertakes In HC To Keep Fee At ₹1750 For Filing Complaints Against Advocates Until BCI Increases It

The Bar Council of Uttarakhand has submitted before the Uttarakhand High Court that it shall not charge beyond Rs. 1750/- (in total) for entertaining complaints filed against advocates for their alleged professional misconduct unless its proposal to increase the fee to Rs. 5500/- is approved by the Bar Council of India.The undertaking was given before the Bench of Chief Justice Vipin Sanghi...

Disclose Instances Of Illegal Mining In State, Action Taken Against Such Breaches: Uttarakhand High Court To State

The Uttarakhand High Court directed the State to disclose the instances of illegal mining in the state and the actions taken against such breaches.“The State should disclose in its affidavit to be filed within two weeks the instances of illegal mining by the licensees, which have come to light, and the nature of action taken in respect of each of such breaches, in the entire State,”...

Uttarakhand High Court Suggests State To Come Up With Policy For Surrender Of Old, Infirm Animals; Penalty On Those Abandoning Cattle

In a matter pertaining to man-animal conflict, the Uttarakhand High Court has suggested to the state government to come up with a policy for persons, who are not interested in keeping their cattle especially old and infirm, so that they can surrender the same in the shelter homes.The division bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal said one of the reasons for...