High Courts Weekly Roundup [June 28, 2021 To July 4, 2021]

Allahabad High Court 1. Attempt Made By Centre To Justify Delay In Deciding Representation, Amplifies Bureaucratic Red-Tapism In Movement Of Files: Allahabad HC Quashes NSA Detention Order [Mohhammad Sazid v. Superintendent, District Jail, Lucknow & Ors] Pulling up the Centre and the State Government for their delay in deciding the representation made by the detenue, a division bench of Justices Ramesh Sinha and Jaspreet Singh quashed the detention order passed under the National Security Act after opining that Centre's attempt to justify the delay amplifies Bureaucratic Red-Tapism in movement of files. "From the perusal of the counter-affidavit filed by the Union of India, it indicates that an attempt has been made by the Central Government to justify the delay in deciding the representation. In paragraph 5 (a) to 5 (d) various dates have been mentioned which only indicates the movement of file from one desk to the other which only further amplifies the bureaucratic/redtapism in the movement of the files, without considering that the issue of detention is a priority and the matter should have received prompt attention," the Court said. 2. Allahabad High Court Issues Notice On Plea Alleging Construction Of Mosques, Mazars In Chandrasekhar Azad Park A Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Rajendra Kumar issued a notice, inter alia, to Uttar Pradesh Government and Waqf Board seeking removal of all the encroachments (allegedly) raised in the shape of religious constructions as Graves, Mazaars or Mosque constructed or created within the area of Alfred Park popularly known as Amar Shaheed Chandrasekhar Aazad Park. The plea alleges that for the last few years, the members of the Muslim community in their usual manner of capturing the land for their religious purposes are trying to construct a mosque within the parking area and some artificial Mazars (graveyards) have been created at the instance of fundamentalists and the patronage of the Waqf Board. 3. UP Local Polls- Allegations Against BJP Creating Pressure On Candidates, Allahabad HC Directs Election Commission To Ensure Fair Polls [Anita v. State Of U.P. Thru Prin. Secy. Panchayat Raj Deptt. & Ors] A Bench of Justices Rajan Roy and Saurabh Lavania directed the State Election Commission of Uttar Pradesh to ensure free and fair elections to be conducted of Zila Panchayat Chairpersons in the State. The Counsel appearing for the Petitioner had alleged that immense pressure was being exercised on the candidates, their relatives and agents so as to influence the elections in favour of the private opposite party who is affiliated with the ruling party of the State. 4. Hooch Tragedies In Uttar Pradesh: Allahabad High Court Seeks Reply On Plea For CBI Enquiry Against Police & Excise Department [Satendra Kumar Singh v. Union of India & Ors.] A Division Bench of ACJ Munishwar Nath Bhandari and Justice Ravi Nath Tilhari issued notice on a petition seeking CBI/ NIA enquiry against Police and Excise department of the UP Government in wake of recent hooch tragedy in Aligarh, that allegedly claimed over 50 lives. It has granted two weeks' time to the Standing counsel to seek complete instruction in the matter. The Petitioner has alleged that the concerned authorities have failed to control the menace of illicit liquor trade, particularly in rural areas, causing death of several persons all over the State from time to time. He has cited incidents from the districts of Aligarh, Ambedkarnagar, Prayagraj, Pratapgarh and Barabanki where more than 150 persons died and several villagers have been admitted in hospitals due to consumption of illicit country liquor. 5. "Ossification Test At A Belated Stage Of Age Of Accused Cannot Be Conclusive To Determine Him As Juvenile On Date Of Incident" [Kiranpal @ Kinna v. State Of UP & Ors.] A division bench of Justices Pradeep Kumar Srivastava and Sunita Agarwal observed that an ossification test at a belated stage after the advancement of age of the accused or convict cannot be conclusive so as to determine him as a juvenile on the date of the incident. Setting aside the order of determination of age passed by the Juvenile Justice Board, the Court observed thus: "The ossification test at a belated stage after advancement of age of the accused/convict cannot be conclusive to determine him as a juvenile on the date of the incident, as the evidence afforded by radiological examination is no doubt a useful guiding factor for determining the age of the person but is not of a conclusive and incontrovertible nature and it is subject to a margin of error." 6. Journalist Isn't Expected To Dramatize Horrifying Incident & Make News By Putting His Actor In Danger Of Death [Shameem Ahmad v. State of UP] A Bench of Justice Vikas Kunvar Srivastav observed that a journalist is not expected to dramatize a...

High Courts Weekly Roundup [June 28, 2021 To July 4, 2021]

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