Supreme Court Weekly Round Up

Week commencing November 8 to November 14, 2020

[Holiday Hearing] MP HC Refuses Interim Bail In A Criminal Case To Computer Baba In His Habeas Plea, Directs To Approach Proper Court

In a special hearing held on Diwali vacation (November 15), the Indore Bench of the Madhya Pradesh High Court has refused to grant interim bail to Computer Baba alias Namdev Das Tyagi in a criminal case registered by Gandhinagar police for allegedly manhandling a panchayat staffer before the demolition of alleged illegal construction at his ashram near Indore.The Court was hearing a Habeas...

Rajasthan High Court Calls For Action Against Magistrate Who Issued Arrest Warrants While HC's Anticipatory Bail Order Was In Existence

The Rajasthan High Court on Monday (09th November) directed Registrar (Vigilance) to initiate against a Magistrate who issued Arrest Warrants against accused, despite the fact that High Court had earlier granted them Anticipatory Bail.The Bench of Justice Sanjeev Prakash Sharma also observed,"The action of the learned Magistrate is clearly wanting and shows scant respect to the High Court's...

Press Has Right To Publish News Item With Its Necessary Comments & Views: Kerala High Court Quashes Defamation Case Against Manorama Editors

The Kerala High Court has quashed a defamation complaint registered against the Chief Editor, Managing Editor and Publisher of Malayala Manorama Daily.Justice P. Somarajan observed that the press has the right to publish a news item with its necessary comments and views. Such right cannot be defeated unless malafides writ large on its face and not concerning with a matter of public interest...

IAS Officer Flouting Court Orders To Be Punished With Imprisonment Primarily; Fine For Contempt Only Secondary: Madras HC

IAS Officers flouting court orders should be punished with imprisonment primarily and other punishments such as the imposition of fine in contempt proceedings should only be secondary, the Madras High Court has held."If the Authority is an IAS Officer under the relevant provisions of the Act and he/she has disobeyed the orders of this Court, they should be punished with imprisonment, and...

By This Logic Supply Of Sniper Riffles From USA To Pakistan Will Have To Be Permitted By RBI: Madhya Pradesh HC Upholds Restrictions On Merchanting Trade Transactions As Per Import/ Export Policy

The Indore Bench of the Madhya Pradesh High Court has held that once import/ export of a particular product is barred by the Government, the question of permitting 'Merchanting Trade Transactions' (MTT) in respect of that particular products does not arise. The order was passed recently with respect to MTT contract entered by the Petitioner for supply of PPE Kits from China to...

Man Accused Of Killing Wife Not Entitled To Custody Of Children Until Competent Court Acquits Him: Allahabad High Court

The Allahabad High Court on Tuesday (10th November) refused to grant the custody of two minor children to their father, who is accused of killing his wife.The Bench of Justice JJ Munir also refused to grant visitation rights to the accused father to meet the children.Facts of the caseOne Awadhesh Gautam (Father/Accused) instituted a petition for a writ of habeas corpus, on behalf of his two...

Supreme Court To Hear Tomorrow Petitions Against Andhra Govt's Press Conference Accusing Justice NV Ramana And HC Judges

Supreme Court to Hear Tomorrow Two Petitions Against Andhra Govt's Press Conference Accusing SC Judge NV Ramana and other HC JudgesSupreme Court will hear tomorrow two petitions against Andhra Pradesh Government's Press Conference wherein Chief Minister YS Jaganmohan Reddy revealed that he had written a letter to Chief Justice of India SA Bobde, making allegations against Supreme Court...

High Courts Weekly Roundup [Nov 9 – Nov 15]

Allahabad High Court 1. [Tablighi Jamaat] Allahabad High Court Grants Bail To 9 Thailand Nationals [Hasae v. State of UP] A Single Bench of Justice Siddharth granted bail to 9 Thailand Nationals who attended Markaz at Nizamuddin, New Delhi in March 2020. Keeping in view the nature of the offence, evidence on record, spreading of novel corona virus in jails, and larger mandate of...

"Her Childhood Was Snatched", Ut'khand High Court Denies Bail To 3 Women Accused Of Pushing 14 Yr Old Girl Into Flesh Trade

The Uttarakhand High Court recently denied bail to 3 women, accused of earning money by prostitution and cheating people under the pretext of marriage.The Bench of Justice Ravindra Maithani was hearing the bail plea of 3 women accused booked under Sections 370(4), 363, 366-A, 420, 120-B, 34 IPC, Section 16/17 of POCSO and Sections 3, 4, 5 7 and 9 of The Immoral Traffic (Prevention)...

"Unlawful" Demonstration: Calcutta High Court Stays Investigation Against BJP's Kailash Vijayvargiya, Mukul Roy And Others

The Calcutta High Court on Tuesday stayed the police investigation against BJP leaders Kailash Vijayvargiya, Mukul Roy and two others in connection with a FIR over participation in a demonstration on October 7 which the State had deemed unlawful."The petitioners had participated in a demonstration on the October 7, 2020 which the State had deemed unlawful and an FIR dated October 8, 2020 has...

Prisoners Too Are Having Human Rights: Allahabad High Court Directs UP Govt. To Improve Condition Of Basti District Jail

Perusing a report filed by Secretary, District Legal Services Authority, Basti pertaining to the inspection of District Jail, Basti, the Allahabad High Court on Wednesday (11th November) directed the State Government to take appropriate and remedial action to improve the condition of the Basti district jail.The Bench of Chief Justice Govind Mathur and Justice Shashi Kant Gupta observed,"On...