High Courts Weekly Round-Up

Bombay High Court

In a significant judgment, the Bombay High Court held in a corruption case that death of the main accused does not mean abatement of the trial.

Dismissing a petition filed by one Vikas Sawant, son of a retired Class IV employee at Government Central Press, Mumbai, the Bombay High Court held that direct recruitment to a government service bypassing the recruitment rules or the normal selection procedures only on the ground that the petitioner is a ward of a retired Class IV employee would ‘fly in the face of Article 16(2) of the Constitution’.

The Nagpur bench of the Bombay High Court directed the Ministry of Information and Broadcasting to consider telling media outlets to stop using the word ‘Dalit’ in news stories in light of a circular by the Ministry of Social Justice and Empowerment which advises the Union and state governments not to use the word for someone belonging to the Scheduled Caste.

In a relief to Jignesh Shah, the Bombay High Court directed the Central Bureau of Investigation to return his passport that has been in CBI’s custody since March 13, 2014.

Delhi High Court

The Delhi High Court last week rejected the bail plea of Hizbul Mujahideen Chief Syed Salahuddin’s son Syed Shahid Yousuf, arrested in a seven-year-old terror funding case.

The High Court directed the Delhi Transport Corporation (DTC) to deposit Rs. 100 crore with the registry of the court in the interim as the Tata Motors Limited (TML) moved an application for enforcement of an arbitral award of nearly Rs. 326 crore.

The Court recently cautioned Family Courts against closing the “valuable” right to file a written statement or to lead evidence or to cross-examine any witness in undue haste.

A man desirous of joining the Central Reserve Police Force as Constable has his dream cut short as the Force as well as the Delhi High Court held that the medical treatment for his varicose veins might have made him fit for civilian jobs but not for military/paramilitary posts which entails working in extreme conditions.

The High Court on Friday refused to stay the expulsion of former Union Minister Salman Khurshid from Delhi Public School (DPS) Society.

The High Court paved the way for the production of Shahid Kapoor-starrer Bollywood social drama ‘Batti Gul Meter Chalu’, which was caught in a tussle between the producers over allegations of fraud and default in payments/investments.

The Delhi High Court recently suggested formulation of a “Litigation Policy” by the Railways to address tortuous claims of compensation filed against it.

The Delhi High Court recently dismissed a PIL seeking SIT investigation into the death of 39 Indian citizens who were held hostage by the ISIS in Iraq.

Gujarat High Court

The Gujarat High Court on Wednesday refused to stay the results of the 2018 JEE (Advanced) examination scheduled to be declared on June 10.

Karnataka High Court

The Karnataka High Court, though reiterated the settled view that the customers of a brothel cannot be prosecuted, has opined that it is the customer who virtually encourages prostitution and exploits the victim for money.

Hyderabad High Court

Declining to entertain a writ appeal filed by 12 legislators against a single bench order that had set aside the resolution of the Telangana Legislative Assembly expelling two members, the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh observed that it is only the State Legislature which can prefer an appeal.

Kerala High Court

In a petition of its own kind, the Kerala High Court on Monday ordered the Psychological and Medical examination of a 25-year-old youth after mother moved a Habeas Corpus petition saying her son is behaving to be a transgender under coercion of a transgender gang who are exploiting his mental disorder and might force him to undergo reproductive organ transplantation.

Justice R Narayana Pisharadi of Kerala High Court held that a child in conflict with law can very well apply for anticipatory bail as there is nothing in the Juvenile Justice (JJ) Act which bars him/her from doing so. He also held that an application for anticipatory bail under Section 438 of the Criminal Procedure Code at the instance of a child in conflict with law is maintainable before the high court or the Court of Session.

Terming it a ‘political’ interest litigation, the High Court refused to order CBI probe into the murders of BJP-RSS activists in Kannur district.

The High Court granted anticipatory bail to a 38-year-old man, accused of touching his minor son inappropriately with sexual intent after it noted that the complaint had been filed in the case two years after the alleged incident when the relationship between the accused and her wife had become strained.

Madras High Court

The Madras High Court asked the Hindu Religious and Charitable Endowments (HR& CE) authorities to consider installation of biometric device for the entries of staffs, including poojaries, into Tiruchendur Sri Subramaniya Swamy Temple in Tuticorin.

Expressing its concern about the loss of valuable human life in the police firing at Tuticorin, the High Court directed the police to refrain themselves from harassing any family members of the accused in any of the cases registered by the police in connection with Sterlite unit.

The High Court recently quashed a criminal complaint against BSNL employees who put ‘smiling face with tears’ emoji in the official WhatsApp group.

The High Court observed that there is nothing uncommon or illegal in naming hotels after caste and communities and it is the fundamental right of the proprietor concerned.

The Court issued notice on a petition challenging the constitutional validity of provisions of the Benami Transactions (Prohibition) Act pertaining to qualifications for appointment of chairpersons and members of the Adjudicating Authority and it’s Appellate authority  on the ground that these restrict the qualification of appointment of judicial members to Indian Revenue Service and Indian Legal Service and is violative of Article 14 (Right To Equality) and the doctrine of separation of powers.

Punjab and Haryana High Court

The Punjab and Haryana High Court observed that forced sex can certainly be a ground to seek separation or decree of divorce.

Charges of abetment to suicide cannot be leveled if a “person of weak mentality” names somebody in his suicide note but a subsequent investigation fails to establish the accused person’s guilt, the Punjab and Haryana High Court ruled.