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High Courts Weekly Roundup [September 13, 2021 To September 19, 2021]
LIVELAW NEWS NETWORK
20 Sep 2021 4:36 AM GMT
![High Courts Weekly Roundup [September 13, 2021 To September 19, 2021]](https://www.livelaw.in/h-upload/2021/05/09/750x450_393154-high-courts-weekly-roundup-1.jpg "High Courts Weekly Roundup [September 13, 2021 To September 19, 2021]")
Allahabad High Court Direct Investigating Officers To Complete Probe In Rape Cases Within 2 Months As Per S. 173 CrPC: Allahabad High Court Directs UP Govt To Issue Circular [Mahendra Pratap Singh v State Of U.P. Through Secretary (Home) And 2 Others] Dealing with the case of the death of a 16-year-old girl from Mainpuri, the High Court asked the Uttar Pradesh government as to...
Allahabad High Court
Direct Investigating Officers To Complete Probe In Rape Cases Within 2 Months As Per S. 173 CrPC: Allahabad High Court Directs UP Govt To Issue Circular [Mahendra Pratap Singh v State Of U.P. Through Secretary (Home) And 2 Others]
Dealing with the case of the death of a 16-year-old girl from Mainpuri, the High Court asked the Uttar Pradesh government as to whether it has issued an order directing the investigating officers to comply with Section 173 of CrPC mandating the completion of investigation of sexual offences within a time frame If circular/direction has not been issued to date, the Court directed, then immediately an order be issued.
Related News: "Explain The Delay In Investigation": Allahabad High Court To Uttar Pradesh DGP, SIT Team In 16-Yr-Old Girl's Death Case
"Man Willing To Marry Prosecutrix If She Converts Religion, No False Promise To Marry": Allahabad High Court Grants Bail To Rape Accused [Javed Alam v. State of Uttar Pradesh]
The High Court granted bail to one Javed Alam who has been accused of establishing physical relations with the victim on the false promise of marriage while noting that he is willing to marry the victim if she converts her religions. The Bench of Justice Alok Mathur was hearing the bail plea of Alam against whom an FIR has been lodged by the father of the victim woman alleging that he had put a condition on her that she should convert her religion and only then he will marry her and therefore, FIR was registered under Section 376 IPC
Allahabad High Court Grants Bail To Man Booked For 'Propagating' The Concept Of Islamic State [Mohammad Rashid Khan v. State of U.P.]
The High Court granted bail to one, Mohammad Rashid Khan, who has been booked for 'propagating' the concept of Islamic State and instigating people to instigate the persons to indulge in violence and other anti-national activities. The Bench of Justice Vivek Kumar Singh granted him bail looking into the nature of the accusation, the severity of punishment in case of conviction, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India.
Fracture Of Hyoid Bone Often Found In Strangulation Cases & Not In Suicide Cases: Allahabad HC Dismisses Murder Convict's Appeal [Dharmendra Nishad v. State of U.P.]
The High Court dismissed an appeal filed by a Murder convict who killed his own wife by strangulation inside the privacy of the house (in the bedroom) where the deceased/wife was along with the appellant/husband. The Bench of Justice Pritinker Diwaker and Justice Manju Rani Chauhan perused the post-mortem report of the deceased and noted that it clearly indicated that the instant case was not a case of suicide, but was a case of murder.
Noise Pollution Through Modified Silencers- "Pained To See Half-Hearted Efforts Of State": Allahabad HC Calls For 'A Visible Change' [Noise Pollution Thru Modified Silencers (Suo Moto)(P.I.L.) v. State Of U.P. & Ors.]
Dealing with the suo moto matter regarding Noise pollution through the modified silencers, the High Court noted that only half-hearted efforts have been made by the state authorities to control the noise pollution. The Bench of Justice Ritu Raj Awasthi and Justice Abdul Moin expressed a hope to see a visible change in the noise pollution by the next date of listing (September 22), failing which, the Court added, it may be compelled to summon the senior officials for having failed to adhere to the specific rules for checking noise pollution.
Adults Have Right Of Choice Of Their Matrimonial Partner Irrespective Of Religion Professed By Them: Allahabad High Court [Shifa Hasan And Another v. State of Uttar Pradesh & Ors.]
The High Court observed that it cannot be disputed that two adults have the right of choice of their matrimonial partner irrespective of the religion professed by them. The Bench of Justice Deepak Verma and Justice Manoj Kumar Gupta observed thus in a plea filed by one Shifa Hasan (19-year-old) and her male partner (24-year-old) who claimed to be in love with each other and submitted that they are living together out of their sweet will.
"Habeas Plea Maintainability Not Opposed By State": Allahabad HC Directs Further Tracing Of Elderly COVID Patient Missing From Hospital [Rahul Yadav v. State Of U.P. And 4 Others]
Dealing with the Habeas Corpus plea seeking the tracing of an 82-year-old COVID Patient who went missing from TB Sapru Hospital in Prayagraj, the High Court directed for the further tracing of the corpus and observed that its primary concern in the instant plea was tracing of the corpus. The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal also noted that Government authorities didn't raise any objection as to the maintainability of the Habeas plea in light of the fact that the State has preferred an SLP, against the Allahabad HC's August 28 Order in the instant matter.
Allahabad High Court Allows For Termination Of Pregnancy Of 14-Yr Old Rape Victim; Directs State Govt To Provide For All Medical Expenses [Maa Ganga Pukka Mahal Trust v. State Of U P And 6 Others]
Dealing with a PIL seeking shifting of monkeys from the city of Varanasi to the forest area, the High Court directed the authorities to complete the shifting process at the earliest, and in any case not later than a period of three months. The Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Anil Kumar Ojha also directed that the shifting of monkeys should be done strictly as per the provisions of law and proper care be taken so that the monkeys are not in any way adversely affected in carrying the operation.
"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused [Chotu @ Suneel Kumar v. State Of U.P. And Ors.]
Underscoring that crime against the women is a monstrous burial of dignity in the darkness, and it against the holy body of a woman and the soul of a society, the High Court last week denied anticipatory bail to a man accused of gang-raping a minor. The bench of Justice Chandra Dhari Singh denied bail to the accused noting that the prosecutrix, a minor, in her 164 CrPC statement has leveled specific allegations of committing gang-rape upon the applicant and other co-accused.
Bombay High Court
Dowry Death: Silence Of Family Members About Cause Of Death Would Become An Additional Link In Chain of Circumstances - Bombay HC [Achyut Bhaskar Kale & Ors. v. State of Maharashtra]
The Aurangabad bench of the High Court observed that house inmates' silence on the cause of a woman's death inside her marital home would be held against them as such incidents happen in complete secrecy. A division bench of Justices VK Jadhav and Shrikant Kulkarni held a deceased pregnant woman's husband and in-laws guilty of dowry death under section 304B IPC for strangulating her within two years of her marriage and eight days after they threatened to kill her in 2012.
Bombay High Court Orders Compensation & Rehabilitation For Widows Of Three Deceased Manual Scavengers [Vimla Govind Chorotiya & Ors. v. State of Maharashtra & Ors.]
The High Court directed the concerned District Collector to compensate and rehabilitate widows of three manual scavengers, who lost their lives cleaning septic tanks. Calling the case an "eye- opener," a division bench of Justices Ujjal Bhuyan and Madhav Jamdar in an interim order directed compensation of Rs. 10 lakh to be paid within a period of four weeks in accordance with the decision of the Supreme Court in Safai Karamchari Andolan v. Union of India.
Abetment By Instigation Depends On Intention Of Accused, Not On Victim's Actions': Bombay High Court [Gaurav s/o Sopan Narkhede v. State of Maharashtra]
In a significant ruling, the High Court has held that the offence of abetment by instigation would depend on the intention of the accused and not the victim's actions. Refusing bail to a man accused of sexually harassing and abetting the suicide of his 17-year-old niece who jumped out of her balcony, Justice Bharati Dangre observed that 'instigation' in cases of abetment would have to be gathered from the circumstances surrounding the suicide.
The High Court dismissed ex-Mumbai Police Commissioner Param Bir Singh's plea challenging two enquiries initiated against him by the Maharashtra government concluding that it was not maintainable. A division bench of Justices SS Shinde and NJ Jamadar said in the Order that Mr Singh can approach the appropriate forums. "The appropriate forum can decide the matter without prejudice to this order, the Court said
Quashing certain provisions of the new Consumer Protection Rules, 2020 the Nagpur bench of the Bombay High Court said 10 years of experience in law and in other specialized fields is sufficient for appointment as a judicial member in the Tribunal.
Bench of Justices Sunil Shukre and Anil S Kilor therefore, struck down Rules 3(2)(b) and 4(2)(c) of the 2020 Rules prescribing a minimum experience of not less than 20 years for appointment of President and Members of State Commission and experience of not less than 15 years for appointment of Presidents and Members of District Forums as unconstitutional and violative of Article 14 of the Constitution of India.
Bombay High Court Inquires About Adequacy Of Steps Taken To Vaccinate Mentally Ill Homeless Persons; Directs State To File A Better Affidavit [TJ Bhanu vs State of Maharashtra]
The High Court has asked the Maharashtra Government to file a "better affidavit" regarding the steps to vaccinate mentally-ill homeless wanderers against Covid-19, instead of merely stating the number of inmates vaccinated in psychiatric institutions. In an affidavit filed in July, the state government submitted that around 20,930 homeless persons were identified in July of which 8,000 were vaccinated. In addition, 1,761 mentally ill persons were vaccinated in that month.
Calcutta High Court
Noble Cause Of Education Has Been Slaughtered At The Alter Of Politics': Calcutta High Court While Setting Aside Rustication Of 3 Visva Bharati University Students [Visva Bharati & Anr v. The State of West Bengal & Ors]
While setting aside the rustication order of three Visva-Bharati university students, the High Court came down heavily on 'outsiders and political parties' for facilitating the misuse of educational institutions in order to pursue abject political motives. Three students- Sonmnath Sow, Falguni Pan and Rupa Chakrabortty had been expelled for three years on August 23 by the university authorities for participating in a campus protest in January this year. But their rustication had been placed in abeyance by the Court last week vide its September 8 order.
Justice Manjula Chellur Refuses Rs 10 Lakh Honorarium For Monitoring SIT Probe In WB Post-Poll Violence Cases [Anindya Sundar Das v. Union of India and other connected matters]
Justice (Retired) Manjula Chellur has informed the High Court that she does not want to accept the Rs 10 lakh honorarium fixed by the Court for monitoring the SIT probe into West Bengal post-poll violence cases. Taking note of this, the High Court directed that the State Government need not pay the honorarium to Justice Chellur, who was the Chief Justice of Calcutta High Court from August 2014- August 2016.
The Election Commission of India raised a preliminary objection to the maintainability of the petition challenging the decision of ECI to prioritize the bye-elections of Bhowanipore Assembly Constituency from where the Chief Minister of West Bengal Mamata Banerjee is set to contest on September 30.
Advocate Sidhant Kumar appearing for the ECI contended before the Court that pursuant to Article 329 of the Constitution no petition regarding electoral matters can be entertained by the Court until the declaration of the election results. Furthermore, Advocate General Kishore Datta submitted before the Court that the Supreme Court has been consistent in holding that under no circumstances can the progress of an election be stalled in view of the bar under Article 329 (b) of the Constitution.
Delhi High Court
Twitter Not Cooperating With Law Enforcement Agencies': NCPCR Moves Delhi High Court Seeking Removal Of Tweet By Alt News Co-Founder Md. Zubair [Mohammed Zubair v. State Of GNCTD & Ors.]
The National Commission of Protection of Child Rights has moved the Delhi High Court, seeking to implead Twitter as a necessary party in the case pertaining to a tweet posted by Alt news co-founder Mohammad Zubair containing photo of a minor girl, with her face blurred. NCPCR has informed the Delhi High Court that Twitter is not cooperating with the law enforcement agencies and is not following the law of the land by not taking action against the said post.
The case pertains to a tweet posted by Zubair, sharing the profile picture of Singh which had him standing with his minor granddaughter, and asking -after blurring the face of the minor girl - if it was appropriate for Singh to use derogatory language in replies while using a profile picture figuring his granddaughter.
Expenses Borne By Prosecutrix During Live In Relationship Would Not Constitute Criminal Offence [Rahul Kushwaha v. State of GNCTD]
The High Court has observed that in a live-in relationship where both partners are living together, it would not be a criminal offence in case expenses are borne by the prosecutrix or by both the partners. Justice Mukta Gupta made the observation while granting anticipatory bail to a man in a rape case filed by the prosecutrix with an allegation that she was made to spend Rs. 1,25,000 under pressure.
The High Court asked the Income Tax Department to seek instructions on a petition filed by news portal Newslaundry and it's CEO Abhinandan Sekhri, apprehending leakage of the data seized during a recent IT survey in their office. In the plea filed through Advocate Nipun Katyal, it has been stated by the petitioners that they apprehend their private data, having no incriminating or relevant material for the purposes of Income Tax or any other legal proceedings, may be misused, leaked or illegally released in public domain.
A plea has been filed in the High Court seeking declaration to declare the "assumed absolute discretion" of the Muslim husband to give divorce (talaq-ul-sunnat) to his wife at any time without any reason or advance notice to her, as arbitrary, anti-shariat, discriminatory and unconstitutional. Justice Rekha Palli, before whom the plea was listed on Thursday, said that the petition must be listed before the bench headed by Chief Justice as it is in the nature of a public interest litigation.
Common Cause, CPIL Projecting 'Personal Vendetta Or Proxy War' Against Me Under Cloak Of PIL: Rakesh Asthana To Delhi High Court [Sadre Alam v. UoI & Ors.]
Delhi Police Commissioner Rakesh Asthana has told the High Court that the two organizations namely Common Cause and Centre for Public Interest Litigation (CPIL) are projecting a personal vendetta or 'proxy war' under the cloak of filing public interest litigation against him. In the affidavit filed by Asthana, he has also stated that the two organizations have been constantly filing petitions against him as a part of selective actions against him either out of vendetta or at the behest of some individual or their own interest.
Delhi High Court Issues Notice On Plea Challenging Essential Defence Services Act, 2021 For Curbing Right To Strike [All India Defence Employees Federation & Anr v. Union of India]
The High Court issued notices to the Centre and the Defence Ministry on a plea challenging vires of certain the Essential Defence Services Act 2021, insofar as it prohibits personnel participation in strikes. A Division Bench of Chief Justice D.N. Patel and Justice Amit Bansal heard the matter today, posting it for further hearing on November 16.
During the hearing, the Chief Justice expressed disinclination over declaring that the personnel involved in essential defence services have a right to go on strike. "Are you saying going on strike is your Fundamental Right? Read any judgment which says it is the right of a workman to go on strike and to stop the work of its employer," he said. The Chief Justice also posed a question as to what will happen if the personnel go on strike during a war.
Procedure For Adjudication Of Complaint Given In Consumer Protection Act Should Be Adhered To: High Court Tells NCDRC [M/S Sylvanus Properties Ltd. v. Paresh Pratap Rai Mehta]
The High Court observed that the procedure for adjudication of a complaint as mentioned under the provisions of the Consumer Protection Act, 1986 had to be adhered to. A Bench of Justice Amit Bansal remarked so while hearing a petition filed under Article 227 of the Constitution of India against an order passed by the National Consumer Disputes Redressal Commission (NCDRC).
"Injury Not By Gun But By Stone": Delhi High Court Grants Bail To Two Men Accused Of Firing Bullets In Riots Case [Shiva, Nitin v. State]
The High Court has granted bail to two men namely Shiva and Nitin accused of allegedly firing bullets during the North East Delhi riots. Justice Mukta Gupta granted bail to the two, who were also declared as proclaimed offenders, after observing that the injury received to one Azim was not by a gunshot but by a stone.
The FIR was registered under Sections 147, 148, 149, 308 of IPC and sections 25 and 27 of Arms Act on the statement of Azim alleging that he heard a commotion outside his house and saw a mob of around 20-25 people moving towards Matin Masjid and chanting slogan 'Jai Shree Ram'. He also alleged that they were damaging property, pelting stones and firing bullets. He was then taken to a hospital after a stone hit his head.
Delhi High Court Seeks Response On Pendency Of NIA Cases In Special Courts, Reason For Delay In Trials [Manzer Imam v. UOI]
The High Court sought response from the Registry with regards to the pendency of NIA cases in designated special courts in the national capital along with the reason for delay in the trials in such cases. The development came after Justice Mukta Gupta heard a plea filed by an accused Manzer Imam who was in custody from last 8 years in connection with a NIA case. The case alleged that some members of Indian Mujahideen were conspiring to commit terrorist acts by allegedly targeting landmark places in India.
Delhi High Court Issues Notice On Plea Seeking Action Against Google Pay's Alleged Unauthorized Use & Storage Of Users' Aadhar Details [Abhijit Mishra v. UIDAI & Ors.]
The High Court issued notices on a Public Interest Litigation, seeking action against Google Pay allegedly for having unauthorized access and storage of the Aadhar and banking information of the citizens.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh was hearing the plea filed by one Abhijit Mishra, which alleges that Google Pay, a united payment interface for all banks, violates Article 21 of the Constitution of India, Aadhar Act 2016, Payments and Settlement Systems Act 2007, and Banking Regulations Act 1949.
Demand Of Hindu Rashtra Not Offence U/S 153A IPC': Preet Singh To Delhi High Court In Jantar Mantar Sloganeering Case; Order Reserved [Preet Singh v. State]
The High Court reserved order on the regular bail plea moved by Preet Singh, accused in connection with the alleged inflammatory and anti-Muslim sloganeering at Jantar Mantar. Justice Mukta Gupta reserved the order after hearing Advocate Vishnu Shankar Jain appearing for accused Singh and Tarang Srivastava appearing for the Prosecution.
Singh is the President of Save India Foundation and is alleged to be the co-Âorganizer of the event where the inflammatory slogans were shouted. His bail was rejected by a Sessions Court on August 27 after observing that he was clearly seen, actively participating in the incendiary speeches along with other associates.
"Powers Are Not Ornaments": Delhi High Court Inquires From Election Commission About Steps Taken To Prevent Voting In Lieu Of Cash [Parashar Narayan Sharma v. Union of India]
The High Court issued notice to the Election Commission of India on a PIL challenging the alleged practice of political parties offering cash benefits in lieu of votes during elections. A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh sought to know from the Commission the steps taken by it to curtail such activities, that have already been prohibited by the Supreme Court in the case of S. Subramaniam Balaji v. State of Tamil Nadu.
"Possibility Of Him Misusing His Position": Delhi High Court Denies Anticipatory Bail To Indian Air Force Officer In Rape Case [Satinder Kumar v. State]
The High Court denied anticipatory bail to an Indian Air Force Officer in a rape case after observing that the possibility of him repeating the offence or influencing the witnesses by misusing his position cannot be ruled out in the matter.
"The prosecutrix has stated in the FIR that the petitioner has abused other women also and this aspect has to be investigated by the authorities. The possibility of the petitioner repeating the offence and/or exerting pressure on the prosecutrix or influencing the witnesses by misusing his position as an Officer of the India Air Force cannot be ruled out at this juncture," Justice Subramonium Prasad said.
Coal Scam- Enforcement Directorate Moves Delhi High Court Seeking Quashing Of Notices Issued To It's Officials By West Bengal Police [ED & Ors. v. State of West Bengal & Ors.
The Enforcement Directorate has moved the High Court seeking quashing of the notices, issued by West Bengal Police, to its officials performing their statutory functions in Delhi. The ED is investigating the illegal coal mining case and the role of the complainant TMC MP Abhishek Banerjee under the PMLA Act in the New Delhi Headquarters.
Delhi High Court Expresses Displeasure Over Centre's Vague Affidavit In Plea For Making PMLA Appellate Tribunal Functional [Fullerton India Credit Company Ltd. V. Union of India & Ors.]
The High Court expressed its displeasure on Centre's affidavit failing to set out the timeline as to when the Prevention of Money Laundering Act (PMLA) Appellate Tribunal would become functional. The Court was dealing with a petition seeking a direction on Centre to appoint Chairperson to the Appellate Tribunal, PMLA in order to get an expeditious decision on petitioner's pending appeal.
Delhi Riots- High Court Grants Bail To Two Accused In Head Constable Ratan Lal Murder Case, Bail Denied To Other Two [Irshad Ali v. State]
The High Court granted bail to Shahnawaz and Mohd Ayyub in connection with murder of Head Constable Ratan Lal and causing head injuries to a DCP during the North-East Delhi riots that rocked the national capital last year. (FIR 60/2020 PS DayalPur). However the Court has rejected the bail pleas of Sadiq and Irshad Ali in the case. Justice Subramonium Prasad passed the order after reserving it last month. The Court heard at length various counsels appearing on behalf of the accused persons along with ASG SV Raju and Special Public Prosecutor Amit Prasad appearing for prosecution.
Necessary To Preserve Nizamuddin Markaz Premises In View Of Cross Border Implications: Centre Tells Delhi High Court In Plea For Reopening [Delhi Waqf Board v. GNCTD & Anr]
The Centre has informed the High Court that it is necessary to preserve the premises of Nizamuddin Markaz, which has been locked since March 31 last year, as the case involves cross border implications and diplomatic relations with other countries.
Public entry was banned at the Nizamuddin Markaz in the aftermath of Tablighi Jamaat members testing positive for Covid-19 last March. The aforesaid submission came in an affidavit filed by the Centre through Ministry of Home Affairs, in the plea filed by Delhi Waqf Board for the reopening of the Markaz situated in New Delhi.
Allowing Visitors In Religious Places Amid Covid-19: High Court Directs Delhi Govt To Expeditiously Decide Representation [Distress Management Collective v. Govt. of NCT of Delhi & Anr.]
The High Court directed the Delhi Government to expeditiously decide a representation made before it for permitting people to visit religious places, subject to Covid-19 protocols in the national capital.
A Division Bench led by Chief Justice DN Patel, after hearing Advocate Raju Robin for the Petitioner, ordered thus: "Having heard learned counsel for the Petitioner and looking at the facts and circumstances of the case, this Petitioner is in search of strict compliance of Covid-19 protocol while permitting visitors in religious places in Delhi. Alternatively, it is submitted by the learned counsel for the Petitioner that a direction may be given to the concerned authority to decide upon its representation in accordance with law within stipulated time.
In view of this submission, we hereby direct the concerned authority to decide the representation preferred by the Petitioner in accordance with the law, rules, regulations and government policies applicable to the facts of the case, as expeditiously as possible and practicable."
'CBI Has No Decision Making Power In Appointment Of Director Of Prosecution; No Interference In Functioning Of Officers': CBI To Delhi High Court [Ashok Kumar Gautam v. Director, Central Bureau Of Investigation & Anr.]
The Central Bureau of Investigation has told the Court that it has no decision making power in the appointment of Director of Prosecution. It also said that CBI does not interfere in the professional functioning of its officers.
The development came after the CBI filed an affidavit in a plea seeking amendment in Section 4BA (Director of Prosecution) of Delhi Special Police Establishment Act. The plea sought direction to separate Director of Prosecution from CBI and put the same under Central Government as an independent agency.
'Impedes Access To Information': High Court Directs Delhi Labour Dept To Ensure Uploading Of Orders Passed By Employee Compensation Commissioners [Ms Kamla Bhel Co Pvt Ltd V. Smt Sunita Mehta & Ors.]
The Court has directed the Labour Department of the Delhi Government to ensure that orders passed by the Employee Compensation Commissioners are uploaded within a period of three or four working days on the portal of the Labour Department.
Justice Pratibha M Singh added that non-compliance of the said direction would be dealt with strictly. "Such occurrences severely impede access to information relating to the proceedings before the authorities, delay the implementation of orders and further disable parties from availing legal remedies," the Court said.
In another development in the case pertaining to the alleged murder of inmate Ankit Gujjar, a 29-year old gangster, inside Tihar Jail, the Court sought status report from Director General of Prisons indicating the measures taken by the authorities to ensure safety and security of other inmates.
Justice Mukta Gupta was dealing with a petition moved by five inmates through Advocate Mehmood Pracha claiming to be eye witnesses in the incident thereby fearing that pressure will be mounted on them in order to change their statements.
Delhi Riots- High Court Extends Interim Relief Granted To Police For Depositing 25K Cost Imposed By Trial Court For 'Callous Investigation' To November 15 [State (NCT Of Delhi) Through SHO, Ps Bhajanpur v. Mohammad Nasir & Ors]
The Court extended till November 15 the interim relief granted to Delhi Police for depositing Rs. 25,000 cost imposed on it by a trial court after calling the investigation as 'farcical' and 'most callous' in connection with a Delhi Riots case.
The development came after Justice Subramonium Prasad adjourned the hearing in view of the submission made by ASG SV Raju appearing for the Delhi Police that the respondent Nasir, complainant in the riots matter, had not filed an affidavit in the plea. He also requested the Court to extend the interim relief granted to the Police in depositing the cost.
Delhi High Court Questions West Bengal's Approach Of Refusing Inter-Cadre Transfer To All India Services Officers Without Placing Relevant Material On Record [State Of West Bengal v. Reena Joshi & Anr.]
The Court questioned State of West Bengal's approach of refusing inter cadre transfer requests of All India Services officers without placing relevant material on record.
"We are noticing that, this approach has been taken, in matter after matter, by the petitioner where officer(s) have sought inter-cadre transfer to other State(s) on account of their marriage, and which has been refused on a similar ground," Justice Rajiv Shakdher and Justice Talwant Singh said.
Other Developments:
- High Court Issues Notice To Delhi Govt Over Delay In Notifying Fee Hike To Be Charged By Self Financing Private Institutions
- Delhi High Court Issues Notice To DDA On Plea Alleging Construction Of DLF Townships On Land Meant To Be 'Lung Spaces'
- Delhi High Court Seeks Centre's Response On Bail Plea Filed By Man Recommended For Extradition To Australia For Rash & Negligent Driving
- Minor Approaches Delhi High Court Seeking Permission To Donate Part Of His Liver To Ailing Father, Notice Issued
Gauhati High Court:
Citizenship Is An Essential Right: Gauhati High Court Sets Aside Ex-Parte Order Declaring Man As Foreigner [Asor Uddin v. The Union of India & Ors.]
The Court has observed that citizenship, being an essential right of a person, ordinarily, should be decided based on merit by considering the material evidence that may be adduced by the person concerned and not by way of default.
A Division Bench of Justices Manish Choudhary and N. Kotiswar Singh set aside an ex-parte order of the Foreigner's Tribunal, declaring the petitioner as 'foreigner' under Section 2(a) of the Foreigners Act, 1946 because he failed to submit a written statement by adducing evidence to prove his documents.
S. 29, 30 POCSO Doesn't Relieve Prosecution From Proving Case, It Only Lessens Its Burden: Gauhati HC Upholds Man's Conviction For Raping Daughter [Purna Nahar Deka v. State of Assam]
The Court observed that Section 29 & 30 of the POCSO Act doesn't actually relieve the prosecution of its burden to prove a case, however, these provisions only lessen the prosecution's burden by shifting the onus of proof to the accused.
The Bench of Justice Suman Shyam and Justice Parthivjyoti Saikia observed this while upholding the conviction of a man who raped his own daughter.
Conditions For Grant Of Bail U/S 37 NDPS Act Are Conjunctive; Period Of Detention Immaterial: Gauhati High Court [Md. Mofidul Haque v. State of Assam]
The Court has held that the three conditions stipulated under Section 37 of the NDPS Act for grant of bail to an accused person are conjunctive in nature.
Justice Sanjay Kumar Medhi ruled that all the three conditions, namely, (i) opportunity to the Public Prosecutor to oppose the bail (ii) prima facie satisfaction regarding availability of ground for believing that the accused is not guilty and (iii) he is not likely to commit any offense while on bail; are required to be fulfilled simultaneously to grant bail
Gauhati HC Dismisses PIL Seeking Universalisation Of Elementary Education Among Children Of Privately-Run Madrassas [Sahin Bahar Laskar v. the state of Assam and others]
The Court dismissed a Public Interest Litigation (PIL) petition filed by a lawyer seeking, inter alia, Universalisation of Elementary Education among the children of privately-run religious Madrassas in accordance with the Right to Free and Compulsory Education guaranteed under Article 21-A of the Constitution of India.
Dismissing the PIL, the Bench of Justice N. Kotiswar Singh and Justice Manish Choudhury observed thus: "We do not see how the petitioner in person, a practicing lawyer is directly involved or affected with any of the issues raised in this petition. We are not convinced about his locus standi."
Gauhati High Court Issues Notice To Union, Nagaland Govts On PIL Seeking Implementation Of National Blood Policy [Rangro Herie & Anr v. State of Nagaland]
The Court issued notice to the Union Government and the Nagaland Government on a Public Interest Litigation (PIL) petition filed praying for implementation of the National Blood Policy and the guidelines issued by the Ministry of Health & Family Welfare in the certain districts of Nagaland.
The Bench of Justice Songkhupchung Serto and Justice S. Hukato Swu issued the notices and posted the matter for further hearing after 4 weeks.
Gujarat High Court
"The tendency of treating one of the judges as only for the purpose of completing quorum has been there for long," observed the Court as the Additional Public Prosecutor (APP) appearing in an appeal against acquittal failed to bring a second copy of the papers he was relying upon.
"What about my copy? If you have one copy, that would always be for my brother judge. Will you have two copies from the next time?" Justice Paresh Upadhyay orally asked him when the APP attempted to pass on documents.
Jammu and Kashmir High Court
All Hindus Living In Kashmir Valley Cannot Claim Benefits Meant For Kashmiri Pandits: J&K High Court [Rajeshwar Singh & Ors v. Union of India & Ors.]
The High Court has held that all Hindus residing in the Valley cannot be said to be a Kashmiri Pandit, thereby allowing them to avail the benefits of the schemes meant exclusively for the Pandits.
While disposing of the plea seeking benefit to the petitioners, under the package for return and rehabilitation of Kashmiri migrants, Justice Sanjeev Kumar held that, "In the absence of a specific definition of the term "Kashmiri Pandit family," the only way to find out the true meaning of the term is to apply the common parlance principle. "Kashmiri Pandits" is a separately identifiable community distinct from other Hindus residing in the Valley like Rajputs, Brahmins other than Kashmiri Pandits, Scheduled Castes, Scheduled Tribes, and many others."
Karnataka High Court
Karnataka HC Directs 15 % Waiver On Private School Fees For 2020-21; Modifies Govt Order For 30% Deduction [Association Of India Schools, An Association Of Private Unaided Schools v. State Of Karnataka.]
The Court has modified the Government order dated 29.01.2021, inter alia restraining the educational institutions from collecting fees for the academic year 2020-2021 in excess of 70% of the tuition fees.
A single bench of Justice R Devdas, directed that, "The petitioner-Institution (school Management of the concerned private unaided school) shall collect annual school fees from their students as fixed under the Act of 1995 for the academic year 2019-20, but by providing deduction of '15 per cent' on that amount, in lieu of unutilised facilities by the students during the relevant period of academic year 2020-21."
Karnataka High Court Reserves Order On Plea Challenging Exemption Granted To Kodavas & Jumma Land Holders From Obtaining Firearms Licenses [Capt. Chetan Y K (Retd) v. Union of India.]
The Court reserved its order on a petition challenging a 2019 notification issued by the Union Ministry of Home Affairs, granting exemption to every person of Coorg by race, and Jumma tenure landholders in Coorg (Kodagu district), from the requirement to obtain a license to carry and possess firearms. Obtaining a license to possess and carry a firearm is mandatory under provisions of the Indian Arms Act, 1959.
'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court [Dr. Praveen R v. Dr Arpitha]
The Court recently observed that consideration of complaints regarding perjury should not be deferred or delayed by courts.
Justice Krishna S Dixit said "Act of perjury is treated as a heinous offence in all civilized societies; consideration of complaints with regard to the same cannot be deferred or delayed; otherwise there is all possibility of the fountain of justice being polluted."
Live-Streaming Of Court Proceedings: Karnataka High Court Directs Registrar General To Expedite Framing Of Rules [Dilraj Rohit Sequeira v. Union Of India]
The High Court directed the Registrar General to expedite the process of framing rules for live streaming of court proceedings.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum in their order noted, "It is brought to the notice of this court by the learned counsel appearing for the High Court that the live streaming rules are pending before the High Court Committee, the Registrar is directed to expedite the process."
Illegal Strike: Karnataka High Court Disposes Off Recovery Proceedings Against Transport Corporation Employees In View Of State Action [Samarpana (Cultural And Social Service Organisation) v. State Of Karnataka]
The Court disposed off a petition seeking to recover the revenue loss from Unions and Employees of the Bangalore Metropolitan Transport Corporation (BMTC) and Karnataka State Road Transport Corporation (KSRTC), who went on an alleged illegal strike in December 2020.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum while disposing of the petition filed by Samarpana (Cultural & Social Service Organisation) took note of the action already taken by the respondents in this regard.
Karnataka High Court Rejects Challenge To Handing Over Of Mangalore Airport Management To Adani Group [Airports Authority Employees Union Regd No. 3515 v. Union of India]
The Court dismissed a petition filed by the Airports Authority Employees Union, challenging the decision of the Central Government and the Airports Authority of India to hand over the contract for operation and management of Mangalore International Airport to Adani Enterprises Limited.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum passed the order considering that a similar matter was decided by the Kerala High Court and the decision of leasing the airports being a policy decision taken by the government of India, no interference is required.
The Kerala High Court had last year rejected a challenge made to the handing over of the Trivandrum airport management to Adani Group.
Can A Minor Become A Swami? Karnataka High Court To Examine Legality Of 'Bala Sanyasa' [P Lathavya Acharya v. State Of Karnataka.]
The Court on appointed Senior Advocate SS Naganand as amicus curiae to assist the court in a petition questioning the legality of appointing 16-year-old Aniruddha Saralathaya (now named as Vedavardhana Tirtha) as the Peetadhipathi of the Shiroor Mutt in Udupi.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum, issued the directions while hearing the petition filed by P. Lathavya Acharya and Ors. The first petitioner is the secretary and managing trustee of Sri Shiroor Mutt Bhaktha Samiti, Udupi, while other petitioners are office bearers of the samiti.
Writ Petition By Gram Panchayat For Protection Of Public Property Is Maintainable: Karnataka HC [V.Harish v. President K.R.Sagara Grama Panchayat]
The Court recently observed that writ petition filed under Article 226 of the Constitution of India by a Gram Panchayat in furtherance of its objective of protection of a public property is maintainable.
Justice M Nagaprasanna relied on the judgment of the Supreme Court in the case of Village Panchayat, Calangute v. Director of Panchayat, wherein the Apex Court considered the very issue with regard to the maintainability of a writ petition by a Gram Panchayat. It held that considering the amendment to the Constitution empowering Gram Panchayats, it has been declared that a writ petition in certain circumstances by the Gram Panchayat challenging the order of the Executive Officer would be maintainable.
Kerala High Court
NEET-UG 2021: Kerala High Court Seeks NTA's Response In Plea Seeking Retest Citing Delay By Invigilator [Devika R. Mohan v. Union of India & Ors.]
The Court admitted a plea moved by a NEET (UG) candidate seeking a retest of the Entrance examination citing that her OMR answer sheet was likely to be rejected due to the dereliction of the Invigilator assigned to her exam hall. The Court has sought the response of the National Testing Agency. Justice P.B Suresh Kumar will hear the matter this week.
Kerala High Court Dismisses CBSE/ICSE Students' Pleas To Exclude Class XII Marks From Entrance Exams For Professional Courses In State [Salvia Hussain and Ors v. State of Kerala & Ors]
The Court dismissed a batch of petitions filed by ICSE and CBSE students aggrieved by the scheme prepared for admission to professional courses, particularly engineering colleges in the State this academic year.
The petitioners had sought a directive to the State to provide admission to professional courses for the academic year 2021 in the State considering the marks secured by students in the entrance examination rather than including the scores obtained in their Class XII examinations.
Complaint Against "Marakkar" Movie: Kerala High Court Directs Centre To Decide Within Four Weeks [Mufeeda Arafath Marakkar v. Union of India]
The High Court directed the Central government to take action on the complaint filed against the CBFC certification of the upcoming Malayalam movie 'Marakkar Arabikkadalinte Simham', based on the life of Kunjali Marakkar, the naval chief of the Zamorin of Calicut
Justice PV Kunhikrishnan issued the order on a plea filed by a descendant of Kunjali Marakkar, seeking a restraint on the release of the film on the ground that it was an alleged distortion of history.
Kerala High Court Dismisses Pleas Challenging Lakshadweep Administration's Decision To Remove Meat From Mid Day Meals, Close Dairy Farms [Ajmal Ahmed R v. Union of India]
The Court dismissed a PIL that challenged the decision of the Lakshadweep administration to close dairy farms and omit meat from the menu of mid-day meals in schools on the Lakshadweep islands
A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly passed the order in a petition filed by a resident of the island, Advocate Ajmal Ahmed against the reforms introduced by the new Administration in the Union Territory.
Kerala High Court Denies Pre Arrest Bail To Fake Lawyer Sessy Xavier
The Court refused to grant pre-arrest bail to Sessy Xavier, who had recently made the front page for posing as an advocate for two years without holding the essential qualifications.
Justice Shircy V while dismissing the anticipatory bail application, directed the applicant to surrender before the authorities immediately and to cooperate with the investigation.
The Court directed the Excise Commissioner to not default in complying with the instructions passed by the Court regarding appropriate infrastructure being made available at the liquor outlets in the State.
Justice Devan Ramachandran observed: "I have no problem with people drinking or the government selling liquor. I am worried about the collective dignity of the citizenry like I have repeated time and again. People who buy liquor should not be treated like cattle, and the people who walk past these outlets cannot be subjected to ridicule or embarrassment of any kind."
The Court directed the State to look into the matter of absence of law in force to take action against a police officer who tampers with a criminal investigation after retirement.
Justice P V Kunhikrishnan remarked that the State should take appropriate action in accordance with law by drafting legislation in this regard. The order was issued based on a report filed by the state police chief.
Kerala High Court Allows Man's Plea For DNA Test Of Child To Establish Wife's Infidelity
The Court allowed a man's plea for the DNA test of a child born during the subsistence of his marriage to establish his allegations of infidelity against his wife in the divorce proceedings initiated by him.
A Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath was considering a question of whether a direction can be given for a DNA test of a child in divorce proceedings to establish the husband's claim of infidelity by the wife without the minor being a party array.
Court Cannot Be Mute Spectator: Kerala High Court Directs University To Award Average Marks In Missing Answer Sheet Case [Safna K.M. v. University of Kerala & Ors]
The Court has directed the University of Kerala to award average marks to a student whose answer sheets had gone missing during transit, taking into account her record in other examinations.
Justice Amit Rawal ruled so while disposing of a plea filed by a student who was instructed to take admission in the B.Ed course to improve her educational profile after she was declared failed due to her answer papers gone missing.
Also Read: Amendments In Written Statement Cannot Completely Displace Former Admissions: Kerala High Court
Guruvayoor Temple Decoration: Kerala High Court Observes Right To Conduct Marriage In Temples Restricted To Available Infrastructure [Suo Motu v. The Administrative Officer, Guruvayoor Devaswom Board]
The Court observed that the right of a worshipper to arrange marriages at the temple is restricted to the already available infrastructure of the temple.
A Division Bench of the Justice Anil K Narendran and Justice K Babu observed so while hearing a suo moto petition looking into the heavily adorned mandapam at the Guruvayoor Temple, in light of prominent entrepreneur Rav Pillai's son's marriage.
Enrica Lexie Case: Another Fisherman's Mother Moves Kerala High Court Seeking Compensation
The Court sought the Centre's response on a plea for compensation moved by the mother of a fisherman, who was allegedly aboard the fishing vessel which was fired upon by two Italian marines in 2012, and later died by suicide due to the trauma of the incident.
The Court directed the central government counsel to file a statement and listed the matter for hearing after two weeks.
Thalassery A Hub Of Political Rivalry, Trial Will Take Time: Kerala High Court Grants Bail To Ten Accused In Post Poll Violence Murder [Shinos KK v. State of Kerala]
The Court granted bail to ten CPI(M) workers allegedly involved in the Thalassery post-poll violence which culminated in the death of one and injury of another Indian Union Muslim League worker.
Justice K Haripal while releasing all the accused on bail proclaimed that Thalassery being a hub of political rivalry and clashes, a huge number of sessions cases are pending in the courts in the locality.
Madhya Pradesh High Court
Complainant's Caste Is Of Paramount Importance & Is 'Sine Qua Non' In A Case Under SC/ST Act: Madhya Pradesh High Court [Alkesh and others v. State of M.P]
The Court observed that in a case under SC/ST Act, the caste of the complainant is of paramount importance and is a sine qua non and that it can't be assumed that the complainant would forget to mention in the FIR that the assailants had made aspersions against his caste.
Holding thus, the Bench of Justice Subodh Abhyankar quashed charge under Section 3(2)(5A) of the SC/ST (Prevention of Atrocities) Act, 1989 against a man who has been accused of making aspersions on the caste of the complainant party.
State's Total Dependence On Outsourcing Mode Even For Discharge Of Sovereign Functions Not A Healthy Practice: MP High Court [Lalit Mohan Sharm v. State of Madhya Pradesh and Others]
The High Court recently observed that the State's total dependence upon the mode of outsourcing even for discharge of sovereign functions which is not a healthy practice. "It is unfortunate to know that the work of building basic infrastructure of e.g. roads is being outsourced by the State," the Court noted.
The Bench of Justice Sheel Nagu and Justice Deepak Kumar Agarwal observed thus while hearing a PIL relating to the dilapidated condition of a State Highway (from Tentra to Vijaypur to Dhobani road within District Sheopur) having link about 47 K.M.
"Can't Say 15Yr Old Didn't Know Impact Of Her Actions; Went With Man & Gave Birth To Child": MP HC Grants Bail To POCSO Accused [Rakesh S/o Ambaram vs. State of M.P.]
The High Court recently granted bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly raping a 15-year-old girl noting that the Girl, on her own, went with the accused and gave birth to a child as well. "It cannot be said that even though she may be 15 years of age, she was not capable of knowing full impact of her actions. She is also stated to be living with the applicant," it said.
Sentencing On The Same Day As Conviction Denies An Effective Hearing: MP HC Commutes Death Sentence To Life Imprisonment [In Reference (Suo Moto) vs. Yogesh Nath @ Jogesh Nath]
While commuting the death sentence awarded to a man to life imprisonment, the Court referred to the jurisprudence laid down in Bachan Singh to observe that the accused was denied an effective hearing.
A Division Bench of Justices G.S. Ahluwalia and Rajeev Kumar Shrivastava noted that no sufficient opportunity was given to the accused-appellant for placing mitigating circumstances on record. It was further observed that the trial court did not consider the grant of any alternative punishment or the possibility of reformation.
Madras High Court
Bombay High Court's Stay On Enforcement Of IT Rules 'Code Of Ethics' Against Digital Media Ought To Have Pan-India Effect: Madras High Court [Read Order] [Digital News Publishers Association v. Union of India and other connected matters]
The Court observed that the Bombay High Court's order dated August 14, 2021 staying the operation of sub-rules (1) and (3) of Rule 9 of the recently notified Information Technology (Guidelines for intermediaries and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021) ought to have a pan-India effect.
Sub-rules (1) and (3) of Rule 9 mandate adherence to the Code of Ethics which is annexed to the IT Rules, 2021 and provide for a three tier structure for addressing the grievances made in relation to publishers.
The Court directed the State of Tamil Nadu to ensure that IIT Madras Campus does not become a dumping ground for abandoned dogs and to take some measures in this regard.
The Bench of Chief Justice Sanjib Banerjee and Justice P. D. Audikesavalu was hearing the plea filed by an NGO named People for Cattle in India complaining of the plight of the dogs that abound in the IIT Madras campus.
'Speculative In Nature': Madras High Court Dismisses PIL Seeking To Rename Madurai Airport After Deities [C Selvakumar v. Government of India]
The Madurai Bench recently dismissed a Public Interest Litigation that sought a direction to the Centre to rename the Madurai Airport after local deities like Lord Devindran or Goddess Meenakshi.
A Division Bench of Justice M Duraiswamy and Justice K Murali Shankar dismissed the petition after the Centre informed the Court that there was no proposal to rename the airport after any personalities or politicians.
'Crime Against Society At Large': Madras HC Directs State To Detain Temple Land Encroachers Under Goondas Act [NC Sridhar v. The Secretary to Government, Tourism, Culture, Religious Endowments Department]
The Court directed the Hindu Religious and Charitable Endowments Department (HR&CE) to issue a public notification stipulating that all encroachers of temple properties across the State must voluntarily surrender the lands within which failing which criminal proceedings would be initiated against them.
The Court also ordered the State authorities to constitute a special cell to retrieve the encroached temple properties.
Observing that over-speeding was the main cause for road accidents, the High Court has quashed a notification issued by the Central Government in 2018 which increased the speed limits. The said notification had increased the speed-limits in expressways to 120 kilomters per hour and to 100 kmph in 4-lane highways for M1 category of vehicles.
A division bench of Justice N Kirubakaran (since retired) and V Thamilselvi, in the order passed on August 18(uploaded later), directed the Central Government to revert to the 2014 notification which prescribed lesser speed limits.
Filmmaker, poet and civil rights activist Leena Manimekalai has filed a writ petition in the Court challenging an order passed by the Regional Passport Officer, Chennai, to impound her passport.
The impounding order was passed citing the pendency of a criminal defamation case against her. Manimekalai had come out with sexual harassment allegations against film director Susi Ganesan, during the 2018 #MeToo movement. Following this, Ganesan filed a criminal defamation case against her in 2019 before a Magistrate's Court in Chennai
'Not Feasible' : Madras High Court Withdraws Order Mandating Bumper To Bumper Insurance For New Vehicles [The New India Assurance Co Ltd v. K Parvathi]
The Court modified its earlier order dated August 4 that had mandated bumper to bumper insurance for all new vehicles for a period of five years in order to safeguard the lives of passengers, drivers and vehicle owners.
The Court had passed the direction while setting aside the award by the Motor Accident Claims Tribunal (MACT) wherein a sum of Rs 14,65,800 was directed to be paid by the insurance company to the claimants who were relatives of the deceased, as compensation for his death in an accident.
Madras High Court Issues Notice On Plea Challenging Constitutional Amendment Transferring 'Education' From State List To Concurrent List [Aram Seyya Virumbu v. Union of India]
The Court issued notice to the Central government on a petition that challenged Section 57 of the Constitution (42nd Constitutional amendment) vide which the subject 'Education' was transferred from the State list to the Concurrent list.
The constitutional amendment has been challenged on the ground that deletion of 'Education' from the State List and its subsequent transfer to the Concurrent List violates the principle of 'federalism' which is a part of the Basic Structure of the Constitution.
Sterlite Protests- 'State Must Be Seen To Be With The Families, Not An Adversary': Madras HC Orders State To Provide Compensation, Assistance To Victims and Their Kin [Henri Tiphagne v. NHRC and Ors]
The Court issued a host of directions to the State government for the rehabilitation of the victims and their families of the 2018 incident of police firing that had followed the Sterlite Protests (May 28, 2021) in Thoothukudi, Tamil Nadu.
The Court was adjudicating upon a plea moved by Mr. Henri Tiphagne, Executive Director of People's Watch seeking disclosure of NHRC's 'undisclosed' 2018 investigation report on the incident of police firing on unarmed civilians protesting against Vedanta Sterlite's copper smelting plant at Thoothukudi.
Madras High Court Directs Aviation Ministry To Decide Representation Seeking Flight Safety Announcements To Be Made In Local Languages [B. Ramkumar Adityan v. Secretary]
The Court disposed of a PIL seeking directions to be issued to the Centre to ensure that the cabin crew of Indian airline operators make announcements pertaining to 'In Flight Safety Instructions' in local languages of the departure city and the destination city, apart from English and Hindi.
A Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu directed the Civil Aviation Ministry to decide the matter on a representation to be made by the Petitioner.
Punjab and Haryana High Court
Submitting its reply on a plea filed in connection with the clash between farmers and police in Karnal, Haryana, the Haryana government stated in the High Court that it was wrong to say that the police officials attacked protestors under the directions of Ayush Sinha SDM.
The reply further states that SDM Ayush Sinha was 13 km away from the spot and that the protesters continued to take law and order into their hands even after assuring them of peaceful protest.
P&H High Court Grants Protection To Muslim Man In Second Marriage, Directs To Pay 1 Lakh To First Wife [Ishrat Bano and another v. State of Punjab and others]
Dealing with a protection plea filed by a Muslim man seeking protection in his second marriage, a Single Judge imposed Rs. 1 lakh fine on the man to be paid to his wife noting that he had failed to maintain his first wife and minor Daughters.
The single judge dismissed the plea even without adjudicating on the issue of protection to life. However, in an appeal to this order, the Division bench of the High Court did grant him protection by issuing a direction to Malerkotla senior superintendent to take into consideration their representation for protection.
"Freedom Of Expression Is Democracy's Basic Foundation": P&H HC Grants Interim Bail To Gurdas Maan Booked For Hurting Religious Sentiments [Gurdas Maan v. State Of Punjab]
The Court granted interim anticipatory bail to Singer Gurdas Maan in a case registered against him for his comments which hurt the religious sentiments of the Sikh community.
An FIR was registered under Section 295A of the Indian Penal Code against Maan by Paramjit Singh Akali, a member of Sikh Youth Power of Punjab alleging that while performing in the Urs of Sai Murad Shah Ji at the premises of Dera Baba Murad Shah Ji Trust, he made certain comments which hurt the religious sentiments of a community. His act was alleged to be against the Sikh Maryada as he recited the hymns of Shri Guru Granth Sahib Ji at Marri (Mausoleum).
DRAT Requests Punjab & Haryana HC To Initiate Contempt Action Against Lawyer Who Filed Multiple 'Contemptuous Complaints' Against Presiding Officers [Mr. Harinder Pal Singh, Advocate v. Ld. DRT-I, Chandigarh]
The Debts Recovery Appellate Tribunal, Delhi has directed its Registrar to request the Court, to take appropriate action under Contempt of Courts Act, 1971 against Advocate Harinder Pal Singh with regard to the "contemptuous" allegations made by him against the Presiding Officers of DRTs.
Advocate Singh had filed a complaint dated May 11, 2021 addressing the President of India, Prime Minister of India, Minister of Finance etc. against the Presiding Officer of DRTs 1 and 2, who was the Presiding Officer of DRT at Jaipur and had an additional charge of these two DRTs at Chandigarh, and one of the staff members posted in DRT–I, Chandigarh.
'They Resided Together Only For Two Days': P&H HC Condones Mandatory Period Of 1Yr For Filing Divorce Petition; Dissolves Marriage Of 'Young Couple' [Shivani Yadav v. Amit Yadav]
The Court granted a divorce decree to a couple who had stayed together only for two days after they had gotten married.
A Division Bench of Justice Ritu Bahri and Justice Archana Puri went on to allow the application filed by the couple under Section 14 of the Hindu Marriage Act wherein they had prayed that mandatory period of one year before filing the petition under Section 13-B of the Act for dissolution of marriage be condoned.
