High Courts Weekly Round - Up

Bombay High CourtA single bench of the Bombay High Court held that the object of the legislature in enacting Section 8(3) of the Representation of People Act was to keep away convicts from contesting elections.In a major relief to Senior Counsel Indira Jaising’s NGO, The Lawyer’s Collective, the High Court passed an interim order de-freezing their domestic accounts. Justice MS Sonak held that the Centre’s allegations of “mixing of foreign contribution with domestic funds” were “vague and bereft of reasoning.”The Nagpur bench of the Bombay High Court dismissed a habeas corpus petition filed by a lawyer who alleged that two tribal girls were sexually assaulted by C-60 commandos on the night of January 20.The High Court directed the HC registry to call for four separate articles (containing CDs/DVDs) that have videos of a meeting convened by Malegaon blast accused Pragya Singh Thakur in Bhopal. These videos were submitted by the Maharashtra Anti-Terrorism Squad(ATS) before the City Civil and Sessions Court.The division bench of the High Court reserved the order in the petition filed by Rabia Khan, mother of deceased actress Jiah Khan. In the petition, Rabia has sought a re-investigation by a Special Investigation Team into her daughter’s death as she contends that it was a case of murder not suicide.The Nagpur bench of the High Court held that simply performing two rites, that of Sindoor and Mangalsutra, does not make a marriage valid.Rebuking the practice of political parties and their workers of putting up hoardings for frivolous reasons, the Bombay High Court sought to lay down certain procedures in order to curb the menace. In a 97-page judgement, the division bench gave a set of 21 directions to municipal corporations, municipal ward officers and the Commissioner of Police.In a surprising development, a division bench of the Aurangabad bench of the Bombay High Court held that prima facie there appears to be a case of contempt against the upcoming film Jolly LLB 2.Delhi High CourtThe Delhi High Court on Monday issued a notice to the Delhi Government, Ministry Of Home Affairs and Assembly Secretary on a petition seeking the recent Delhi assembly session be declared unconstitutional.The High Court recently refused to declare a woman as the legally wedded wife of a deceased Government employee for the purpose of appointment on compassionate grounds, noting that under Hindu Law, marriage is a sacrament and not a contract, which can be entered into by execution of a marriage deed.The High Court directed the Ministry of Petroleum and Natural Gas to give details regarding the rules and statutory norms under which permissions are granted for operation of commercial outlets at petrol pumps.The High Court on Friday held that the office of the Attorney General Of India is not a public authority under Right To Information Act.Gujarat High CourtTaking the concept of ‘best friends forever’ to a whole new dimension, Gujarat high court granted the custody of 23 year old Muslim girl to her Hindu girlfriendKarnataka High CourtIn the Internet age access to information is quick and procuring personal information or antecedents of an individual is much easier. Acknowledging this fact and the sensitive nature of case in hand, the Karnataka High Court in a landmark judgment recently accepted, applied and approved the ‘Right to be Forgotten’ in Indian context.Kerala High CourtIn response to a public interest litigation filed before the Kerala High Court, the Registration Department of Kerala Government has said presently registration fee is being collected both by cash and demand draft. Madhya Pradesh High CourtThe Madhya Pradesh High Court held the personal inconvenience, etc. cannot be a ground to challenge transfer from one place to another by an employee if it do not run contrary to statutory provisions.The High Court granted liberty to the lady advocate to take recourse under provisions of the criminal law to register an FIR against the respondent judge of subordinate judiciary if she has any grievance.The Court directed the Madhya Pradesh government to explore the possibility of making the ‘Usha Kiran Yojna’ more elaborate and friendly for the rape victims.The High Court held that the Pradhan Mantri Gram Sadak Yojana is the ‘non-statutory scheme’ thus any change of the road route plan for construction of road under the scheme need no indulgence.Madras High CourtA two-judge bench of the Madras High Court (Madurai Bench) issued notice to former Supreme Court judge Justice Radhakrishnan and three others in a writ petition seeking a direction to him for return of the PETA ‘Man of the Year’ Award.This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.

High Courts Weekly Round - Up

Ashok Kini