Offences Under Sec. 377 IPC And POCSO Act Against Small Children Cannot Be Settled By Compromise: Delhi High Court

The Delhi High Court on Friday held that the court cannot permit quashing of FIR merely on the ground that the parties have entered into a compromise where the FIR relates to heinous offences against small children under sec. 377 of Indian Penal Code and POCSO Act. Justice Subramonium Prasad has dismissed the petition filed under sec. 482 Cr.P.C. praying for quashing of an FIR dated...

High Courts Weekly Roundup [Jan 25 – Jan 31]

Summation of important High Court orders this week

Farm Law Protests: Freelance Journalist Mandeep Punia Sent To 14 Day Judicial Custody

Freelance Journalist and contributor for the Caravan magazine, Mandeep Punia, who was detained yesterday from the Singhu border was presented before Court number 2 (Tihar Jail) by Delhi Police and the Metropolitan Magistrate Akhil Malik has sent him to 14-Day Judicial Custody. As per the media reports, Punia was detained by the Delhi Police yesterday for allegedly misbehaving with...

Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Should Be Exercised Sparingly, Reiterates Supreme Court

The Supreme Court reiterated that the power of a Trial Court under Section 319 of the Criminal Procedure Code to proceed against other persons appearing to be guilty of offence is a discretionary and extra-ordinary power which has to be exercised sparingly. In this case, the Trial Court, allowed one such application filed by the de-facto complainant and summoned a person. As he did not appear,...

TRP Scam: Complainant Hansa Research Group Not Immune From Investigation, Mumbai Police Tells Bombay High Court

Hansa Research Group, the complainant in the Television Rating Points Scam (TRP Scam) has sought to transfer the investigation into the scam, from the Mumbai Police to the CBI, only after realising its "nexus" with the accused TV channels was being investigated, the Mumbai Police has said in an affidavit to the Bombay High Court. Five of the 15 people arrested by the Mumbai Police...

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'

The High Court of Delhi on Thursday refused to set aside the Trial Court's order directing extension in the period of investigation and custody of the accused for a period of 45 days with directions to the investigating agency to expedite the investigation. A single Bench of Justice Rajnish Bhatnagar heard the plea by two accused NajmusSakib and Al Mamun Kamal against order passed...

Plea Challenging Madhya Pradesh Ordinance On Religious Conversion: High Court Issues Notice To Govt.

The Madhya Pradesh High Court on Friday (29th January) issued a notice (returnable by eight weeks) to the Madhya Pradesh State Government in a plea challenging the anti-religious conversion law (The Madhya Pradesh Freedom of Religion Ordinance, 2020). The Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla was hearing a plea challenging the vires of the...

Sexual Harassment At Workplace: Delhi High Court Upholds Dismissal Of Judge

Delhi High Court on Friday dismissed a writ petition filed by an ex officer of Delhi Higher Judicial Services (DHJS) who was dismissed from service after complaints of sexual harassment at workplace was filed by a female ahalmad of District Court, Dwarka. The judgment was delivered by a Division Bench comprising of Justice Rajiv Sahai Endlaw and Justice Asha Menon. The factual matrix of...

Take Precautions To Avoid & Prevent Disclosure Of Rape Victim's Identity Even Indirectly: Bombay High Court Issues Directions For Media, Public & Courts

The Bombay High Court (Aurangabad bench) recently issued additional guidelines to restrain print/electronic media as well general public, using social media, from publishing information related to a Rape victim that could "directly or indirectly" disclose her identity. The Bench of Justice T. V. Nalawade & Justice M. G. Sewlikar was hearing the plea of one the mother of a...

Epidemic Diseases Act Cannot Be Exercised To Transfer An Officer In Disregard Of Transfer Act : Bombay High Court

The Epidemic Diseases Act 1897(ED Act) cannot be used to transfer a government employee in violation of the laws that would govern his transfer, the Bombay High Court observed while denying relief to the Director of Medical Education and Research, TP Lahane. A division bench of Chief Justice Dipankar Dutta and Justice GS Kulkarni held that allowing the Director, a competent officer...

Maharashtra Tops On Justice Delivery, Women Constitute Only 29% Of Judges In India: The India Justice Report 2020

The India Justice Report 2020 announced on Saturday has ranked Maharashtra at the top in terms of Justice delivery in India. The Report has tracked the the progress states have made in capacitating their justice delivery structures to effectively deliver services to all, and has taken account of the latest statistics and situations as they existed prior to March 2020. It has brought...

RTI- CPIO/PIO Cannot Function As 'Post Offices' And Withhold Information Without Reasonable Cause, Delhi High Court

The Delhi High Court has recently held that the Central Public Information Officer (CPIO) or PIOs cannot withhold information without reasonable cause and that such officers cannot function merely as "post offices" while dealing with information sought under the Right to Information (RTI) Act. The judgment was delivered by a Single Judge Bench of the Delhi High Court comprising of...