High Court
'Accused Not Named In FIR, Remand Report Or Chargesheet': Telangana HC Probe Into Alleged Illegal Detention By Police
The Telangana High Court has directed the Director General of Police to register a crime/FIR and entrust investigation to a Special Investigation Team (SIT) or CB-CID on a petition alleging illegal detention, coercion and abuse of authority by police officials.A Single Judge Bench of Justice N. Tukaramji observed:“This inconsistency raises serious concerns regarding the legality of...
Police Can't Decide Candidate's Employment Suitability While Verifying Criminal Antecedents: Kerala High Court
The Kerala High Court has recently held that the police cannot decide whether or not a person is suitable for appointment while issuing a verification report containing criminal antecedents under Section 53 of Kerala Police Act, 2011.2026 LiveLaw (Ker) 325Justice Bechu Kurian Thomas remarked:“In a report verifying the antecedents of an applicant for employment, it is not open for a...
Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance
Rajasthan High Court has directed that all the facilities, accommodations, permissions and medical arrangements that were made available to the rape convict, Asaram, by the earlier orders of high court and Supreme Court, shall continue to remain operative in the same manner, after his appeal against conviction was dismissed by court.Asaram had moved the high court seeking restoration of...
Habeas Corpus Not Maintainable When Person Is In Statutory Custody Under Multiple FIRs Disclosing Cognizable Offences: MP High Court
The Madhya Pradesh High Court had said where a person is under statutory arrest pursuant to multiple FIRs disclosing cognizable offences the remedy of habeas corpus cannot be granted specially wherein previous detention orders had been revoked and the person is not under illegal detention. The division bench of Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen observed:"Second...
Freezing Bank Account Without Proving Account Holder's Involvement In Criminal Case Adversely Affects Fundamental Rights: Gujarat High Court
Directing the de-freezing of a man's bank account, the Gujarat High Court observed that while investigating agency has power to direct freezing, however without specifying the quantum of suspected amount or without establishing involvement of the account holder in any criminal activity, results in adversely affecting his fundamental rights.The court was hearing a man's plea seeking de-freezing...
'Preventive Detention Not Sustainable Upon Mere Suspicion': P&H High Court Quashes Detention Under PIT-NDPS Act
The Punjab and Haryana High Court has set aside a preventive detention order passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act), on several grounds including that unexplained and inordinate delay at multiple stages vitiated the detention.Justice Vinod S. Bhardwaj said, "Preventive detention would not be sustained upon a...
Contractual Employee Cannot Claim Protection Under Article 311; J&K&L High Court Upholds Termination Over Unsatisfactory Performance
The High Court of Jammu & Kashmir and Ladakh has held that a contractual employee engaged under the Ex-Servicemen Contributory Health Scheme (ECHS) cannot claim the constitutional protection available to holders of civil posts under Article 311 of the Constitution.The Court observed that where a contract expressly permits termination on account of unsatisfactory performance or lack...
'Dignity Extends Beyond Death': Allahabad HC Steps In As Stray Animals Desecrate Human Remains At Lucknow Crematorium
The Allahabad High Court has directed the Lucknow authorities to carry out immediate repair and renovation work at a public crematorium after instances of desecration of human remains by stray animals were highlighted in a Public Interest Litigation (PIL) plea. Stressing that the "right to live with human dignity extends beyond death", a bench of Justice Shekhar B Saraf and...
Unilaterally Revoking Building Permission After Substantial Construction Without Proof Of Fraud Violates Right To Property: MP High Court
While quashing the revocation of building permission and demolition order issued by Indore Municipal Corporation, Madhya Pradesh High Court observed that once the body had granted valid building permission upon which parties undertook construction, it cannot subsequently revoke the permission in the absence of any proof of fraud.In doing so the court said, that such conduct would violate...