High Courts Weekly Round Up [July 12, 2021 – July 18, 2021]

Allahabad High Court 1. Allahabad High Court Issues Directions & Timeline For Disposal Of Bail Applications Under POCSO Act, 2012 The High Court held that only the local police or Special Juvenile Police Unit [SJPU] could serve notice on bail application for offences under the Protection of Children from Sexual Offences Act, 2012 [POCSO Act]. It also prescribed a timeline to execute the different statutory functions by the respective authorities. Justice Ajay Bhanot alongside administered a word of caution by stating that the failure to comply with the directions laid will be due to investigation, and the delinquent officials will proceed against it departmentally. 2. "Action Taken Against Accused Police Officers, SIT Formed": UP Govt. Tells Allahabad High Court In Ex-Army Man Torture Case On a plea filed by an ex-soldier of the Indian Army alleging that he was humiliated and brutally tortured by the Uttar Pradesh Police, the Uttar Pradesh Government submitted before the High Court that the Government has acted against accused police officers and an SIT has been formed to investigate the matter. This response of the State Government comes in the backdrop of the serious remarks made by the Bench of Justice Surya Prakash Kesarwani and Justice Gautam Chowdhary against the functioning of the Uttar Pradesh police. 3. Premeditated Murder Of Wife, Four Minor Daughters: Allahabad High Court Upholds Death Sentence The High Court upheld the conviction of a man for brutally murdering his wife and four minor daughters aged 7, 5, 3 years and the youngest one was merely one and a half months old. A Bench comprising Justices Ramesh Sinha and Rajeev Singh also affirmed the imposition of death penalty on the accused by opining that it was a 'rarest of rare' case. The accused had been convicted of the offence of murder under Section 302 of the Indian Penal Code (IPC) and awarded the death sentence by the Sessions Judge, Lakhimpur Kheri. Aggrieved by the conviction and the sentence imposed, the present appeal was filed. 4. Don't Deploy Teachers For Non-Educational Purposes In Teeth Of RTE Act: Allahabad High Court Directs UP Govt. To Issue Directions The High Court asked the Uttar Pradesh Government authorities to instruct the concerned District Magistrates and District Basic Education Officer of different districts that Teachers shall not be assigned work in teeth of the RTE Act [Right of Children to Free and Compulsory Education Act, 2009]. Justice Vivek Chaudhary was hearing the plea filed by 3 primary teachers who submitted that authorities of State and Parishad are appointing them as Booth Level Officer and that various other works were being assigned to them which are not required to be performed by teachers. 5. Bikru Encounter: "She Was An Important Player In Horrendous Crime Of Killing Of 8 Cops": Allahabad HC Denies Bail To Accused The High Court denied Bail to the wife of Amar Dubey (hereinafter 'K') who was a close associate of Vikas Dubey, a gangster who is said to be the mastermind behind the killing of eight policemen in the Kanpur's infamous Bikru encounter last year. She allegedly instigated Vikas Dubey's men to do the policemen to death and she is stated to have been atop a house adjoining Vikas Dubey's, during the entire course of the brutal assault. It has also been alleged that 'K' gave out locations of the policemen, who had concealed themselves to save their lives and exhorted Vikas Dubey's men to do the policemen to death, while the entire encounter between Vikas Dubey and his aids and Policemen was taking place. 6. Dismissal Order Passed Solely On Ground Of Maintaining Live-In Relationship Outside Marriage- Allahabad HC Directs Reinstatement To Service The High Court reinstated a man back into his service by setting aside a dismissal order passed against him solely on the ground that he was maintaining a live in relationship outside his marriage. Justice Pankaj Bhatia passed the order while dealing with a petition challenging the order dated 31st January 2020 by way of which the petitioner was dismissed from service. The petitioner had also challenged orders dismissing the appeal and revision thereof of the said dismissal order. It was thus the case of the petitioner that the impugned dismissal order was passed against him solely on the ground that he was maintaining a relationship with a woman despite being in a valid marriage and that he was living with her as a husband. Bombay High Court 1. Bombay High Court Reserves Judgment On Ex-Maharashtra Home Minister Anil Deshmukh's Plea To Quash CBI FIR The High Court reserved for orders a petition by former Maharashtra Home Minister Anil Deshmukh for quashing the Central Bureau of Investigation's (CBI) corruption FIR against him. Before reserving the plea for orders, the bench of Justices SS Shinde and NJ Jamadar asked the CBI to submit...

High Courts Weekly Round Up [July 12, 2021 – July 18, 2021]

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