High Courts Weekly Roundup [Jan 4 – Jan 10]

Summation of important High Court orders this week

Victims Of 1975 Emergency Move Supreme Court Seeking Designation As "Freedom Fighter"

The All India Loktantra Senani Joint Action Committee has moved an application before the Supreme Court, seeking intervention in the writ petition urging that the 1975 emergency was unconstitutional, praying that the persons illegally detained during the Emergency be accorded the designation of freedom fightersThe Supreme Court had in December last year agreed to examine whether a...

Supreme Court To Consider Review Petitions Against Aadhaar Verdict Tomorrow

The review petitions against the September 2018 verdict of the Supreme Court upholding the Aadhaar project are listed before a five judge bench tomorrow.A Constitution Bench comprising Justices AM Khanwilkar, DY Chandrachud, Ashok Bhushan, S Abdul Nazeer and BR Gavai will consider the petitions at 1.30 pm in chamber. Of the review bench, Justices Khanwilkar, Chandrachud and Ashok Bhushan...

Govt Sitting On Collegium Recommendations Without Decision Not A Democratic Process Or Healthy Practice : Justice Chelameswar

Former Supreme Court judge, Justice J Chelameswar recently criticized the practice of Central Government sitting over recommendations for judicial appointment as "not a democratic process nor a healthy practice"."If the Government has concrete and legally tenable material to object to a recommendation, they have a right to object and discuss with the Chief Justice. But simply not...

Deadline For Income Tax Returns : Gujarat High Court Asks CBDT To Decide On Extension By Jan 12

A division bench of the Gujarat High Court comprising of Justice J.B. Pardiwala and Justice Ilesh J. Vora on Friday directed Central Board of Direct Taxation (CBDT) to take a decision by January 12 on the extension of filing of Income Tax Returns (ITR) and Tax Audit Reports (TAR) for the annual year 2020-21. The High Court opined that the powers exercised by the CBDT are beneficial in...

Patna High Court Places Chief Judicial Magistrate, Motihari Under Suspension [Read Order]

The Patna High Court has issued an order dated Thursday (07th January) informing that it has placed Sudhir Kumar Sinha, CJM, Motihari under suspension with immediate effect. It may be noted that as per the report of Hindi News Portal, Prabhat Khabar, the Patna High Court has taken this action against Motihari CJM (Sudhir Kumar Sinha) as he had passed a controversial bail order. He...

P&H High Court Directs Subordinate Courts in State of Punjab, Haryana & U.T. Chandigarh To Start Functioning In Physical Mode

The Punjab & Haryana High Court has asked the District & Sessions Judges in the State of Punjab, Haryana and U.T. Chandigarh to permit the physical hearing in all categories of cases subject to their own assessment of prevailing local conditions including the intensity of spread of COVID-19 Pandemic. A Notification/Letter to this effect was issued on Friday (08th January) by...

Expunging Remarks-While Hearing Appeal Sessions Judge Has No Jurisdiction To Judge The Judicial Officer Who Authored The Judgment: Allahabad High Court

"District and Sessions Judge has administrative control over the judicial officers subordinate to him, but the administrative control cannot be equated to power of superintendence which is vested only with the High Courts"

Terminally Ill Prisoners Need Sympathy, Should Be Permitted To Breathe Their Last In Comforting Company Of Family/Friends: Calcutta HC

While underlining that even prisoners are entitled to be treated in a humane manner, the Calcutta High Court on Friday (08th January) directed State Government to hand over Terminally Ill Prisoners (identified by it in its affidavit dated 09th October, 2020) to their next of kins so that they can be nursed and extended due comfort at their respective homes. The Bench of Chief...

No Reason To Deny Permission To Conduct Kanuparivettai Festival When Govt. Has Permitted Jallikattu: Madras High Court

Noting that the Government has permitted the theatres to open with 100 percent occupancy and Jallikattu is going to be conducted, the Madras High Court on Friday (08th January) directed the respondents to permit the conduct of Kanuparivettai Festival. The Bench of Justice G. R. Swaminathan remarked, "When the Government has permitted the theatres to open with 100 percent occupancy...

Karnataka High Court Strikes Down Rules Levying Extra Fee On Minor Minerals From Other States

The Karnataka High Court has struck down Rule 42 (7) of the Karnataka Minor Mineral Concession Rules, 1994, introduced by way of an amendment dated June 30, 2020, holding it to be unconstitutional and ultra vires to the Mines and Minerals (Development and Regulation) Act, 1957. Following this order the government will not be able collect an amount of Rupees seventy per metric ton,...

Plea For Filling Up Of Vacancies & Sanctioned Strength of HC Cannot Be Taken On Judicial Side: Madhya Pradesh HC Disposes PIL

While disposing of plea praying to take up the issue regarding increase in the sanctioned strength of Judges in the High Court of Madhya Pradesh, the HC said that the issue, "in any case, shall have to be taken up with the Government on the administrative side." The Bench of Chief Justice Mohammad Rafiq and Justice Prakash Shrivastava further observed, "It is also not deemed...