High Courts Weekly Round-Up

Allahabad High CourtIn a significant ruling, Allahabad High Court has held that blocking 25% of the benefits in a Pension scheme in favour of minorities is not invalid. Upholding the validity of Samajwadi Pension Yozna, wherein 25% of the benefits were blocked in favour of ‘minorities’, a division bench of Justices V.K. Shukla and Brijesh Kumar Srivastava held that Minorities are a class in themselves and State is not prohibited in making welfare scheme for the minorities belonging to weaker section, provided it does not overreach and undermine the constitutional provisions.The Allahabad High Court directed the Principal Secretary Law/Legal Remembrancer, U.P to take necessary steps with regard to the Uttar Pradesh Recruitment of Dependents of Government Servants (Dying-in-Harness) Rules, 1974 which do not include a divorced daughter within the definition of family, for the purpose of compassionate appointments in the event of death of a government employee while on duty. The Court directed him to take necessary steps in consultation with the State Government within a period of four monthsThe High Court also directed the State Government to ensure that all FIRs be uploaded on the website of the U.P. Police, except in exceptional circumstances. The Bench, comprising Chief Justice D.Y. Chandrachud and Justice Yashwant Varma directed that the decision to not upload the FIR should be taken by an officer not below the rank of Superintendent of Police, after recording the reasons in writing.The Court held that the Armed Forces Tribunal has no jurisdiction over a dispute which arose prior to the enrolment of a person into the Armed Forces. The first bench comprising of the Chief Justice Dr.DhananjayaYeshwantChandrachud and Justice YashwantVarma, set aside the order of single bench who had allowed the proceedings to be transferred to Armed Forces Tribunal.In a bail application moved by persons accused of slaughtering cow, which is a crime punishable with 7 years imprisonment in Uttar Pradesh, the High Court, apart from granting bail to the accused, issued directions to the Government authorities and the cattle owners to ensure that no cows or animals come on road creating obstruction to traffic and threat to life. Calcutta High CourtThe Calcutta High Court set aside the West Bengal Government order scrapping the Political Sufferers Scheme, which was launched by it to provide State allowance to the Freedom Fighters and Post Democratic Political Sufferers. Justice Arijit Banerjee directed the State Governmentto reconsider sympathetically the issue of discontinuance of the said scheme for providing assistance to political sufferersChattisgarh High CourtThe Chhattisgarh High Court held that the policy of the State Government barring and prohibiting the consideration of the married daughter from seeking compassionate appointment merely on the ground of marriage is plainly arbitrary and violative of Article 14, 15 and 16(2) of the Constitution of India. Delhi High CourtThe Delhi High Court bench of Justice SiddharthMridul transferred the trial of Congress leader Sajjan Kumar in the 1984 anti-Sikh riots case from Karkardooma court to Patiala House court in proceedings under S.407 of the Code of Criminal Procedure after a plea was filed alleging “improper recording of evidence”The High Court bench of Justice Suresh Kait dismissed the plea of Dabur promoter PradipBurman, whose name has appeared in the blackmoney list, seeking to stay proceedings in a case of alleged tax evasion against him in the trial court. Burman is facing prosecution in a complaint filed by the Income Tax Department alleging that he was holding foreign bank accounts which he had not disclosed in his income tax returns and there were undisclosed deposits in those accounts. He had challenged the trial court’s order by which his plea for staying the proceedings was dismissed.Gujarat High CourtGujarat High Court quashed the FIR lodged against PatidarAnamatAndolanSamiti (PAAS) convener Hardik Patel and others pertaining to charge that they were involved in an act of Treason (Waging war against the nation Section 121 IPC). The court, however, has allowed the investigation against the agitators to continue so far as the sedition cases against them is concerned.The Court held that Complaints under Domestic Violence Act can be quashed invoking the jurisdiction under Section 482 of the Code of Criminal Procedure. The first bench comprising of Acting Chief Justice Jayant Patel and Justice N V Anjaria held that even though the provisions of the Domestic Violence Act provide for remedial measures for civil rights of women, the machinery provided is through criminal court and hence the Code of Criminal Procedure would apply.The High Court directed the State Election Commission to make available all the Poll affidavits online, through the website of the commission, within six months. First bench comprising of Acting Chief Justice Jayant Patel and Justice Vipul M....

High Courts Weekly Round-Up

Ashok KM

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