High Courts Weekly Roundup [October 18, 2021 To October 24, 2021]

Allahabad High Court 1. Hathras Gang Rape Case- Allahabad HC To Conclude Hearing On Quantum Of Damages To Victim's Family On Nov 25, 26 [Suo-Moto Inre: Right To Decent & Dignified Last Rites/Cremation] The High Court fixed November 25 as the date on which it would conclude hearing on the question of quantum of compensation to be given to the family of the Hathras gangrape and murder victim. This order by the Bench of Justice Rajan Roy and Justice Jaspreet Singh came after the Assistant Solicitor General, in pursuance of the Court's September 24 order, submitted certain Government Orders and Notifications before the bench pertaining to various schemes/benefits to the victim's family under the SC/ST Act. 2. Mainpuri Girl's Death Case- Allahabad HC Orders Personal Presence Of State DGP If DNA Test Reports Aren't Received By Oct 25 [Mahendra Pratap Singh v. State of U.P. through Secretary (Home) and 2 others] The High Court expressed its dissatisfaction with the Uttar Pradesh Police ongoing probe into the death of a 16-year-old girl from Mainpuri who was found hanged in her school in the year 2019. Essentially, in terms of the order passed by the Court on September 16, 2021, the State's counsel produced two copies of the status report regarding the investigation being carried out in the case in hand. 3. Whether UP Govt Wants To Establish Forensic Lab At All Commissionary HQ In State For Speedy Criminal Probe?: Asks Allahabad HC [Ambesh Kumar And Another v. State Of U.P. And 4 Others] The High Court asked the Uttar Pradesh Government as to whether it wants to establish a forensic lab at all Commissionary headquarters in the State of Uttar Pradesh in order to facilitate fair, proper, and speedy investigation and fair and speedy trial. The Court has called for a reply from the UP Government in view of the fact that several persons are approaching the Court seeking direction for testing of samples and submission of the forensic reports which were collected one or two years ago. 4. Stop 'Fraudulent' Practice Of Recovering Late Fee Imposed On Colleges By Universities From Students: Allahabad HC Directs UP Govt [Ram Avatar Kalyani Devi Kanya Mahavidyalay Thru Manager &Ors] The High Court directed the Uttar Pradesh Government to take appropriate steps to stop the fraudulent practice being adopted by the colleges of recovering, late fees, penalties imposed upon them by the universities, from their students. The Bench of Justice Vivek Chaudhary pointed towards the fraud being played by a large number of colleges by recovering late fees and penalties from their students even though the same is imposed by the Universities upon the colleges, and not on the students. 5. "Victim Was Mercilessly Butchered; Lady Folk Not A Commodity To Be Used In Such Fashion": Allahabad HC Denies Bail To Gang-Rape Accused [Vashu v. State Of Up And 2 Others] The High Court denied bail to a Gang-Rape accused while noting that the accused was involved in the September 2020 incident, wherein the rape victim's body was "mercilessly butchered and mashed by primitive homo sapiens" (sic). Importantly, stressing that the lady folk is not a commodity to be used in such a fashion, the Bench of Justice Rahul Chaturvedi rejected the bail application noting that the offence allegedly committed by the accused deserved no sympathy in a civilized society. Bombay High Court 1. NCB Case Entirely Based On Inadmissible 'Voluntary' Statements & WhatsApp Chats : Aryan Khan's Bail Plea Before Bombay HC In the application seeking bail in the cruise ship drugs case, Aryan Shahrukh Khan has told the Bombay High Court that the entire case of the Narcotics Control Bureau is based on "voluntary" statements given under Section 67 of the NDPS Act, which are inadmissible in evidence as per last year's Supreme Court judgment in the Tofan Singh case. 2. Bhima Koregaon Violence: Bombay High Court Grants NIA Time To Respond In Anand Teltumbde's Bail Appeal The High Court granted the National Investigation Agency (NIA) two weeks to respond to Dalit scholar Anand Teltumbde's bail appeal. A division bench of Justice NJ Jamdar and Justice Sarang Kotwal granted NIA time and adjourned the case after two weeks. Teltumbde has filed two petitions; the first is an appeal against the special court's order rejecting his bail application and the second is a petition challenging the constitutional validity of certain provisions of the Unlawful Activities (Prevention) Act. 3. Merely Abusing Complainant Does Not Constitute Offence U/s 504 IPC; Intention To Provoke Him To Break Public Peace Necessary: Bombay HC [Subhash Mishrilal Jain v. Laxman Kondiba Aswar] The Nagpur Bench of the High Court in a judgment has held that a mere allegation that the accused abused the complainant does not itself satisfy the ingredients of offence under section 504 of IPC. Section 504 speaks of...

High Courts Weekly Roundup [October 18, 2021 To October 24, 2021]

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