Does S. 482 BNSS Override State's Anticipatory Bail Restrictions U/S 438 CrPC? Uttarakhand High Court Refers Issue To Larger Bench

In a significant order, the Uttarakhand High Court recently referred to a larger Bench the question as to whether the provisions of Section 482 BNSS would prevail over the State amendment to Section 438 CrPC, which contains restrictions on grant of relief in serious offences, particularly in light of the more liberal approach adopted in the BNSS with respect to anticipatory bail. A...

'Executive Cannot Impose Restriction On Number Of Times An Ex-Serviceman Can Avail Reservation Benefits': Uttarakhand High Court

The Uttarakhand High Court has struck down Clause 8 of a 2020 Government Order that effectively denied ex-servicemen (Purva Sainik) the right to claim reservation benefits by mandating that the benefit of ex-servicemen status would be available only once, and if an ex-serviceman gets civil employment due to his ex-servicemen status, then he shall not be entitled to such benefit again.The...

Panchayat Polls | Fake Or Genuine Votes? Uttarakhand High Court Says Such Disputes Can Only Be Decided In Election Petition

Last week, the Uttarakhand High Court observed that the allegations regarding fake voting in panchayat elections raise a question of fact and can be decided only in an election petition. Thus, adopting a 'hands-off approach', a Bench of Justice Ravindra Maithani refused to entertain a writ plea seeking to quash votes cast in a particular polling booth and an independent inquiry...

Trying To Influence Court Through Media Trial? : Uttarakhand HC Raps Advocate Over Facebook Posts On Nainital Rape Case

The Uttarakhand High Court on Friday strongly objected to an advocate's conduct for making public remarks (on Facebook videos and posts) about the accused in the 2025 Nainital child sexual assault case, including comments on the proposed potency test and the medical report, while the trial is still pending, which the court said, had chances of prejudicing the case.It may be noted that the case...

ADM Says 'Can't Speak English'; Uttarakhand High Court Asks SEC, Chief Secy Whether He Can Effectively Hold Executive Post

The Uttarakhand High Court last week asked the State Election Commissioner and the Chief Secretary to examine whether an officer of the rank of Additional District Magistrate, who admitted in the Court that he can't speak English, can be entrusted with effective control over an executive post. A bench of Chief Justice G. Narendar and Justice Alok Mahra directed thus while hearing...

Satisfied With State's Preparations: Uttarakhand HC Disposes PILs To Postpone Panchayat Polls Over Kanwar Yatra, Bad Weather

The Uttarakhand High Court last week disposed of a writ petition seeking postponement of panchayat elections on account of the ongoing Kanwar Yatra after recording satisfaction with the arrangements made by the Panchayati Raj Department and the Police Department. Similarly, the Court disposed of another plea too in similar terms, which had expressed apprehensions over holding...

Uttarakhand High Court Stays Vaccinologist's Conviction In Abetment Of Suicide Case Citing 'Greater Issue Of Public Health'

The Uttarakhand High Court has recently suspended/stayed the order of conviction as well as execution of sentence against a Vaccine Scientist held guilty by the trial Court for abatement of suicide of his wife.While accepting the argument that stay of conviction is in the interest of larger public health, the Bench of Justice Ravindra Maithani observed –“What is stated in the instant case...

'Only Wilful Disobedience Amounts To Contempt': Uttarakhand HC Closes Case Against IIM Kashipur Interim Chairman, CAO

Closing contempt proceedings against IIM Kashipur's Interim Chairperson and Chief Administrative Officer, the Uttarakhand High Court last week observed that every disobedience is not contempt, and to bring a breach of the Court's order within the realm of contempt, it should be a 'wilful' disobedience. A bench of Justice Ravindra Maithani added that it should be an informed choice...

Uttarakhand High Court Orders Suspension Of Deputy Jailor, Constable Over Alleged Assault On A Prisoner

The Uttarakhand High Court on Tuesday ordered the suspension of a Constable and a Deputy Jailor in connection with the alleged custodial assault of a prisoner lodged at Central Jail, Sitarganj. A bench of Chief Justice G. Narendar and Justice Alok Mahra passed this order after perusing disturbing revelations in a report submitted by the Secretary of the District Legal Services...

Uttarakhand HC Refuses To Vacate Stay On SEC Decision Allowing Candidates In Multiple Voter Rolls To Contest Panchayat Polls

The Uttarakhand High Court on Monday refused to vacate the stay granted earlier on the State Election Commission's (SEC) clarification, which permitted candidates to contest local body elections even if their names appeared in multiple electoral rolls. The SEC had approached the Court seeking modification or vacation of the stay order, contending that the ongoing electoral process...

Uttarakhand HC Stays SEC Decision Allowing Candidates In Multiple Voter Rolls To Contest Panchayat Polls

The Uttarakhand High Court on Friday stayed a clarification issued by the State Election Commission (SEC) that permitted candidates to contest local body elections even if their names appeared in multiple electoral rolls. The Court observed that the clarification, on its face of it, appeared to be prima facie contrary to the express provisions of the Uttarakhand Panchayati Raj...

Uttarakhand High Court Orders Unsealing Of 4 Madrasas On Undertaking Not To Operate Without Registration

The Uttarakhand High Court on Thursday directed the unsealing of 4 madrasas, 1 located in Dehradun and 3 in Haridwar, which are among more than 135 madrasas sealed by the State Government in March this year. The government's action was based on the allegation that they were running 'illegally', purportedly without affiliation and fulfilling norms of the madrasa board. A bench...