9 Years In Custody; Trial Not Complete : Delhi High Court Grants Bail To NDPS Accused; Says Process Becoming Punishment

The Delhi High Court has granted bail to a man who was in custody for 9 years in an NDPS case observing that while drug trafficking must be deterred with stringent punishments, plight of the undertrials cannot be ignored. "Deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our Constitution under Article 21, and is,...

Allahabad High Court Issues Notice On Plea Against 'Disputed Religious Statements' Of Waseem Rizvi Aka Jitendra Tyagi

The Allahabad High Court on Wednesday issued a notice to the Uttar Pradesh Government and sought its counter affidavit on a plea filed against the alleged disputed statements of former Shia Waqf Board chairman Wasim Rizvi (now known as Jitendra Narayan Singh Tyagi).Importantly, the plea before the Allahabad High Court seeks a direction to restrain Rizvi (now known as Jitendra Narayan Singh...

Kasganj Custodial Death: Allahabad HC Seeks SP's Reply On Plea Filed By Altaf's Father Seeking CBI Probe, 1 Crore Compensation

The Allahabad High Court on Thursday sought the response of Superintendent of Police, Kasganj within ten days on the plea filed by the father of Kasganj Custodial Death victim, Altaf.The plea has been moved by Chand Miyan (father of the Victim) seeking a CBI probe into the matter wherein it has been claimed by the Uttar Pradesh Police that Altaf died by suicide by tying himself to a 2 to 3...

Section 397 IPC: Mere Exhibition, Brandishing Or Holding Weapon Openly By Offender To Threaten & Create Fear Or Apprehension In Mind Of Victim Is Sufficient: Supreme Court

The Supreme Court has observed that mere exhibition brandishing or holding a weapon openly by offender to threaten and create fear or apprehension in the mind of the victim is sufficient to constitute an offence u/s 397 IPC.The bench of CJI NV Ramana, Justices AS Bopanna and Hima Kohli was considering an appeal assailing Madhya Pradesh High Court's order of upholding the conviction by trial...

"Was Not In A Mental Position To Have Sexual Intent": Delhi Court Discharges Man Having Schizophrenia, Accused Of Forcibly Kissing 6 Yr Old Boy

A Delhi Court has recently discharged a man suffering from Paranoid Schizophrenia, accused in a POCSO case, observing that he was not in a mental position to form mens rea or to have any sexual intent. Additional Sessions Judge Ashutosh Kumar was prima facie of the view that the man was suffering from mental illness to the extent that he was incapable of understanding the consequences of his...

'Tablighi Jamaat Can't Be Equated With Islam': Madras High Court Quashes FIR Against YouTuber Maridhas

The Madras High Court(Madurai Bench) has quashed yet another FIR registered against YouTuber Maridhas over his YouTube Video criticizing the Tablighi Jamaat conference of March 2020 during the COVID first wave.A Single Judge Bench of Justice G.R. Swaminathan observed that none of the ingredients of alleged offences in the FIR had been made out by the prosecution.About the video uploaded...

Slaughtering Animals Without License: 'Implementation Of Rules Ineffective, Safeguard Public Interest': Madras High Court

While hearing a plea based on a complaint about slaughtering animals without the mandatory license, Madras High Court observed that authorities have not properly implemented the Tamil Nadu Village Panchayats (Prohibition or Regulation of the use of places for slaughtering animals and licensing of slaughterers) Rules, 1999. A single-judge bench of Justice SM Subramaniam observed that...

Allahabad HC Praises PM Modi's COVID Vaccine Campaign, Urges Him To Postpone Polls In View Of Omicron Threat

The Allahabad High Court today urged the Prime Minister of India, Narendra Modi to postpone the upcoming elections in view of the rising threat of Omiron. The Court also praised the efforts of PM Modi for taking up the campaign of providing Free Corona vaccination to the people of the country.The Bench of Justice Shekhar Yadav, who was dealing with a bail order, also urged the Election...

Haridwar 'Dharam Sansad' Hate Speech: Uttarakhand Police Register Case Against Wasim Rizvi Aka Jitendra Tyagi And Others

The Uttarakhand Police have lodged a case against Jitendra Narayan Singh Tyagi, formerly known as Waseem Rizvi, and others for allegedly giving a provocative speech against a particular religion at a "Dharma Sansad" or religious assembly which was organized in Haridwar in Uttarakhand on December 17-19.The conclave, which was organized by Yati Narasimhanand, a religious leader who has been...

Karnataka High Court Issues Notification For Mandatory E-Filing By Govt In All Types Of Cases

The Karnataka High Court has notified that from January 1, 2022, all the Departments of the Central and State Government and its affiliated offices are required to file their cases/ petitions/ pleadings and documents through e-Filing System. The filing can be done on the portal: https://efiling.ecourts.gov.in by following the Step-by-Step Guidelines for e-Filing made available in...

If Bail Order Lacks Reasons, Prosecution Or Informant Can Challenge It Before Higher Forum : Supreme Court

The Supreme Court held that if an order granting bail was bereft of relevant reasons then the same would entitle the prosecution or the informant to assail it before a higher forum. The Apex Court clarified that though elaborate reasons are not required to be assigned while granting bail, a cryptic order devoid of any reasoning is a blatant violation of the principles of...

'Can't Restrain Police From Conducting Inspections': Madras High Court Insists On Installation Of CCTV Cameras In Spa, Massage & Therapy Centres

In a plea filed by the owner of an Ayurvedic Therapy Centre aggrieved by frequent police inspections, Madras High Court has held that it cannot pass preventive orders to curb the law-enforcing authorities from exercising their powers in accordance with the law. Justice S.M. Subramaniam observed,"there are large scale allegations in general in the public domain against such Ayurvedic...