High Courts Weekly Roundup [October 25, 2021 To October 31, 2021]

Allahabad High Court 1. Marriage Increasingly Being Used As A Tool To Coerce People Into Religious Conversion': UP Govt Defends 'Anti-Love Jihad' Law The Uttar Pradesh Government has defended its Prohibition of Unlawful Conversion of Religion Act, 2021 before the High Court by submitting that since marriage is being used as an instrument to convert an individual's religion against his/her will, therefore, the Act seeks to remedy this malady. This submission has been made by the UP Government before the High by way of an affidavit, filed in response to a batch of public interest litigations challenging the Act. 2. Respecting Constitutional Dignitaries Including President, PM Is Citizens' 'Bounden Duty': Allahabad HC Grants Bail In PM's 'Objectionable' Pic Case [Mohd. Afaaq Kuraisi v. State of U.P.] Stressing that it is the bounden duty of every citizen of the country to respect all the Constitutional dignitaries including the President and Prime Minster of 'this great nation', the High Court granted bail to one Mohd. Afaaq Kuraisi booked for posting objectionable image of Prime Minister, Narendra Modi on a WhatsApp group. Justice Mohd. Faiz Alam Khan also observed that it is to be known to one and all that the Prime Minster of this country or any Constitutional dignitary could not be confined to a particular class or religion as he is representing each and every citizen of this country. Also Read: Allahabad HC Temporarily Stays Transfer Of A Radio Inspector Accused Of Posting Objectionable Material Against UP CM On WhatsApp 3. Witness Protection- "Surprising That Despite Accepting Threat To Life, Witness' Security Was Reduced": Allahabad HC Restores Security Arrangements [Vrijendra Pratap Singh v. State Of U.P. Thru. Prin. Secy. Home Lko. & Ors] Expressing surprise over the decision of a committee headed by the District Judge to reduce the security provided to a witness (in a criminal trial) despite accepting a threat to his life, the High Court restored the security arrangements of the witness/petitioner till further orders. Essentially, the bench of Justice Rajan Roy and Justice Suresh Kumar Gupta was hearing the plea of one Vrijendra Pratap Singh, who is a witness in a criminal case and who was earlier provided with one gunner round the clock in view of threat perception to his life at the hand of the accused. Also Read: Allahabad High Court Grants Bail To Man Arrested For Allegedly Possessing 349 Kilogram Of Ganja 4. Confession To NDPS Officer Inadmissible : Allahabad HC Grants Bail In Case Of 628 Kg Ganja [Rajveer Singh v. Union of India] The High Court granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in a case involving the alleged recovery of 628 Kilograms of Ganja. The Court noted that the case against the accused was based only upon the statement given by the co-accused implicating him and also upon a statement given by the accused under Section 67 of the NDPS Act, Justice Chandra Dhari Singh granted bail to the accused. 4. NDPS Case- 'False Implication' Is A Stereo Typed Defence Of Accused Who Are Found In Possession Of Contraband: Allahabad HC [Shridam Adhikari v. Union of India through Directorate of Revenue Intelligence] Referring to the cases registered under the NDPS Act in general, the High Court observed that the plea of 'false implication' is a stereotyped defence, which is raised in every case where the accused are found in possession of contraband. This assertion came from the bench of Justice Chandra Dhari Singh while dealing with the bail pleas of 4 NDPS Act accused booked under section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing 650.740 kgs of Ganja. Also Read: Can't Transfer Matrimonial Case On Husband's Convenience Just Because Of His Posting To A Different Station: Allahabad HC 6. Need To Look At Live-In Relations From The Lens Of Personal Autonomy Rather Than Notions Of Social Morality: Allahabad HC [Shayara Khatun v. State of Uttar Pradesh] The High Court observed that live-in relationships are required to be viewed from the lens of personal autonomy rather than the notions of social morality The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed thus while dealing with two protection pleas filed by interfaith live-in couples. This assertion by the court came while dealing with two pleas filed by Shayara Khatun and her partner (both major in live-in-relationship with each other since last more than two years) and Zeenat Parveen and her partner (both major and in a live-in relationship since last 1 year) Bombay High Court 1. Bombay High Court Grants Bail To Aryan Khan & 2 Others In Cruise Ship Drug Case The High Court granted bail to Aryan Khan on October 28, in connection with the alleged cruise ship drug case. He was released from custody ...

High Courts Weekly Roundup [October 25, 2021 To October 31, 2021]

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