High Courts Weekly Roundup

Week Commencing From October 5, 2020 Till October 11, 2020 Allahabad High Court 1. Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention Of Hathras Victim's Family; Grants Liberty To Move SC [Om Prakash & Ors. v. State of UP & Ors.] The Bench of Justices Pritinker Diwaker and Prakash Padia dismissed the habeas corpus writ petition filed on behalf...

'Have Not Come Across Any Such Legislative State Action Legitimizing Criminal Activity': J&K HC Holds 'Roshni Act' Unconstitutional [Read Order]

The Jammu and Kashmir High Court has held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, [popularly known as Roshni Act] is completely unconstitutional and all acts done under it or amendments thereunder are also unconstitutional and void ab initio.The bench comprising the Chief Justice Gita Mittal and Justice Rajesh Bindal directed CBI Investigation...

'Serious Threat Of Honour Killing', Allahabad HC Orders Release Of Muslim Woman Who Married Hindu Man From Custody Of Her Father [Read Order]

The Allahabad High Court on Thursday (08th October) directed the Senior Superintendent of Police, Kanpur Nagar, to take out a girl named Shikha @ Sheeba, a muslim woman who had converted to Hinduism to marry a Hindu man (Rohit Rathore), from the custody of her brother and father.The Bench of Justice J. J. Munir further ordered that she should be housed at the Nari Niketan, Kanpur Nagar in...

[Political Gatherings Amid COVID] "No One Howsoever Big, Should Be Allowed To Go Scot-Free": MP HC To Law Enforcement Agencies [Read Order]

The Madhya Pradesh High Court on Friday (09th October) directed the law enforcement agencies of the state to ensure that the Covid-19 protocol is followed to the hilt and no one howsoever big, is allowed to go scot-free without being subjected to the rigours of the penal provision on the occasion of breach of Covid-19 protocol.The Bench of Justices Sheel Nagu and Rajeev Kumar Shrivastava...

[Studio Courts] Patna HC Issues Standard Operating Procedure (SOP) For Functioning Of Studio Based Courts [Read Procedure]

The Patna High Court has devised a new system of Studio Court on an experimental basis, for the hearing of the cases. Under the new system, the Judges would sit in their chambers, while the lawyers will be appearing before the Bench/Judges from another courtroom (a studio courtroom) and the whole proceeding will take place in virtual mode.This system of virtual hearing has been implemented by...

Holding Of High Office Does Not Entitle An Accused To Anticipatory Bail, Says SC [Read Order]

"The greater the office held, the greater the responsibility of the person."

[Delhi Riots] 'Witnesses Seem To Be Planted One', Delhi HC Grants Bail To Tahir Hussain's Associate In Riots Case [Read Order]

The Delhi High Court on Wednesday (07th October) granted bail to one Irshad Ahmed, an alleged associate of Tahir Hussain.The Bench of Justice Suresh Kait was hearing a petition filed by the petitioner (Irshad Ahmed) under Section 439 Cr.P.C. for grant of bail in case FIR No.80/2020, for the offences punishable under Sections 147/148/149/436/427/34 IPC and Sections 3/4 PDPP Act, registered...

Corruption In Judiciary Worse Than That In Public Departments: Madras HC Calls For Strengthening Of Vigilance System, Surprise Visits, Inspections [Read Order]

While making observations regarding the corrupt practices in the Public administration of the Government Departments, the Madras High Court on Monday endorsed the fact that the judiciary also is not exempted from corrupt practices."The conscience of this Court would not permit it, if this Court fails to mention the increasing corrupt practices in the Judiciary Department as well as in...

Kerala HC Refuses To Quash Criminal Case Against A Man Who Displayed Placard Against Distribution Of Compensation To The Endosulfan Victims [Read Order]

The Kerala High Court on Tuesday (06th October) refused to quash criminal proceedings against a retired worker of the Plantation Corporation of Kerala Ltd. who asserted (by way of displaying a placard poster) that there is no menace related to the use of Endosulfan in Kasargode district.The Bench of Justice M. R. Anitha was hearing a criminal miscellaneous case which was filed under Section...

States Can Provide In-Service Quota In PG-Super Speciality Medical Courses: Kerala HC[Read Judgment]

Observing that the States have the power to provide quota for in-service candidates in PG-Super Speciality medical courses, the High Court of Kerala has directed that the 40 % in-service quota under the Kerala Medical Officers Postgraduate and Service Quota Act, 2008 should be given effect during the counselling for PG-Super Speciality medical seats.A division bench comprising Chief Justice...

MHA Issues Advisory For Mandatory Registration Of FIR, Time Bound Investigation In Cases Of Sexual Violence [Read Advisory]

The Women Safety Division of the Ministry of Home Affairs has directed all the State Governments and UT Administrations to mandatorily register an FIR and conduct time-bound investigations, in case information is received relating to sexual offences against women. The States have been instructed to investigate and take stringent action against the concerned officers who do not follow...

No Details About Any Date/Time Of The Incident In The FIR', Bombay HC Grants Anticipatory Bail To School Manager Booked For Rape [Read Order]

While observing that in the FIR lodged by the Complainant, there are no details about any date and time of the incident, the Bombay High Court on Wednesday (07th October) granted Anticipatory bail to a school manager booked for allegedly raping a lady.The Bench of Justice Bharati Dangre was hearing the plea of the applicant (Ezzakk Shashikumar Naik) seeking his release in anticipation of...