High Courts weekly round-up
Delhi High Court
The Delhi High Court on Wednesday dismissed a Public Interest Litigation demanding that guidelines be framed regarding publication of complete and segregated research results in clinical trials on humans in accordance with the norms of WHO published in April, 2015 on the issue. The Bench comprising Chief Justice G. Rohini and Justice Jayant Nath dismissed the Petition observing that “the petition is misconceived and motivated with private interest”.
The Court recently appointed a welfare officer to look after a 16 year girl allegedly raped by her brother. The Bench was hearing a writ petition filed by the father of the victim- girl under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking a direction to release her from Paripurna Jeevan Shelter Home.
Bombay High Court
In a first, Nagpur Bench of the Bombay High Court on Monday confirmed a double death sentence and double life imprisonment awarded to a 21 year old man for rape and murder of his two year old niece in February, 2013. Shatrughna Meshram was awarded death sentence under Section 376-A and 302 of the Indian Penal Code by the Yavatmal Sessions Court. He was also sentenced to two life terms under Section 376 (2) (f) (i) (m) (rape) and Protection of Children from Sexual Offences Act (POCSO), 2012.
The Court on Wednesday confirmed initiation of disciplinary action by the Medical Council of India, against practicing doctors who had furnished false information regarding appointment as faculty members in various institutions of medical education. The Bench comprising Justice S.C. Dharmadhikari and Justcice B.P. Colabawalla dismissed Writ Petitions involving common challenge to the orders of Medical Council of India (MCI) and Maharashtra Medical Council (MMC) against doctor-petitioners for breach of professional code of ethics. All the petitioners who had furnished false information during inspections carried out by the Council were removed by MMC from the State rolls for 5 years as per the direction of MCI.
A Bombay High Court employee, Sridhar Chavan, was on Tuesday, acquitted of corruption charges against him owing to illegalities involved in trap along with inconsistencies in the prosecution evidence. Chavan who was a Chobdar in the High Court establishment in his criminal appeal against the order of the Special Judge for Greater Mumbai had assailed his conviction under Section 7 and section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act 1988, and sentence of rigorous imprisonment for 1 year, and fine.
Allahabad High Court
In a landmark judgment, the Lucknow Bench of the Allahabad High Court has asked the Uttar Pradesh Government to take care of the unborn child of a minor rape victim. Indicting the State for its failure to protect a minor girl from a rapist, the High Court on Friday said it was now the obligation of the State to take care of the unborn child conceived after the crime. The Court, however, has reserved its verdict on issues related to the rehabilitation of the child and his/her minor mother. The girl is currently undergoing treatment in King George’s Medical University (KGMU) on State expense on the directives of the High Court.
Kerala High Court
Kerala High Court on Monday urged the State Government to consider setting up oxygen parlors and nebulizers inside the High Court complex, for providing support to senior advocates, staff and senior citizens facing shortness of breath. The Government has been asked to get in touch with the Registrar of the High Court and the medical officer of the Court, in order to deliberate over the issue.
Gujarat High Court
The High Court of Gujarat while exercising its supervisory jurisdiction, quashed the order of the Family Court, Bhavnagar which directed the petitioner to pay a sum of Rs.3000 per month towards the interim maintenance of her minor step daughter. The State of Gujarat who was one of the Respondents unsuccessfully contended that if minor step children were denied such a right, they could never claim maintenance from the step mother on the demise of the natural father even though she has inherited everything of the biological father of the step children. It was pointed out that such denial is likely to put the child who is totally at the mercy of his or her stepmother in undue hardship.
Patna High Court
The Court on Friday refused to stay the conviction of an MLA merely to enable him to contest elections. Justice Ashwani Kumar Singh therefore dismissed an Interlocutory Application for stay on conviction, in a Criminal Appeal preferred by Ram Naresh Rai who had incurred disqualification for being chosen as a Member of the Bihar Legislative Assembly.
Jammu and Kashmir High Court
A Division Bench of the High Court has observed that Article 370 of the Constitution of India which confers special status to the state of Jammu and Kashmir cannot be altered any further by way of abrogation, repeal or amendment. The Bench comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal was considering a question of reservation benefits in promotion in a petition filed by Ashok Kumar & others.