High Courts Weekly Round Up [July 19, 2021 To July 25, 2021]

Allahabad High Court Allahabad HC Takes Suo Moto Cognizance Of Noise Pollution By Modified Silencers Specifically On 'Bullets' (Suo moto (PIL) v. State of UP & Ors.) Comparing the menace of noise pollution with the legend of Hydra, the High Court today took suo moto cognizance of Noise pollution generated through modified silencers specifically Bullet Bikes and the other two wheelers. Justice Abdul Moin observed that the problem of noise pollution is like the hydra where anyone who attempted to behead the Hydra found that as soon as one head was cut off, two more heads would emerge from the fresh wound, so much so that the destruction of the Hydra became one of the 12 Labours of Hercules. EPF Scam: Allahabad High Court Grants Bail To Former UPPCL MD AP Mishra (Ayodhya Prasad Mishra v. State) The High Court granted bail to Ayodhya Prasad Mishra, former Managing Director of Uttar Pradesh Power Corporation Limited (UPPCL) vide order dated July 13, 2021. An earlier bail application had been rejected by Justice D.K Singh of the High Court back in April 2020. Justice Dinesh Kumar Singh granted bail to the accused taking into consideration his frail health and insufficient evidence. "Considering the age of the accused-applicant, his health condition and his long incarceration in jail and so far, no evidence of money trail involving him having been unearthed by the C.B.I., it would be appropriate to enlarge the accused-applicant on bail", the order stated. Allahabad HC Stays Arrest Of Journalist Vineet Narain Accused Of Making Defamatory Posts Against Ram Temple Trust Secretary (Vineet Narain v. State Of U.P. & Others and Rajneesh Kapur v. State Of UP & Ors.) The High Court granted interim protection against arrest to Journalist Vineet Narain and his associate named Rajneesh Kapur, who have been booked for putting up allegations that Vishva Hindu Parishad (VHP) leader Champat Rai and his brothers grabbed land from gaushala in Bijnor district. A Division Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal observed that perusal of the FIR against the petitioners showed that even if the allegations made by them are taken in their entirety they do not constitute the offence alleged. Explain The Purpose Of Forming Separate Panel of Lawyers When CSC Available: Allahabad High Court Summons DG, Basic Education (Sanjay Sinha v. State of UP & Anr.) Calling it "strange", the Justice Saral Srivastava sought the response of the Director-General, Basic Education, U.P., Lucknow on his decision to form a separate panel of lawyers, even when the department is being represented by the Chief Standing Counsel. The Court was hearing a petition filed by one Sanjay Singh, challenging his suspension from the post of Secretary Board of Basic Education. Summoning the Director-General, Basic Education, U.P., Lucknow to explain as to under which provision of law he has formed a separate panel from the office of Chief Standing Counsel, the Court also directed him to file a personal affidavit and explain the purpose of forming a separate panel from the panel of Standing Counsel formed by the State Government. Vigilant Tweet On COVID Protocol Breach Can't Constitute Violation Of Prohibitory Orders U/S 144 CrPC: Allahabad HC Quashes FIR (Tarun Jain v. State of U.P. and Another) Noting that a vigilant tweet by the resident of a society about breach of the COVID-19 protocol can't constitute a violation of prohibitory orders passed under Section 144 of CrPC, the High Court quashed criminal proceedings against Man who had tweeted that maids were entering his society without sanitizing their hands etc. Justice JJ Munir observed thus: "An information about breach of the CoViD-19 protocol that may, on verification, be found to be wrong, cannot give rise to any offence about furnishing a piece of false information to the Police." The Court also opined that the impugned charge sheet was vitiated on account of the entire investigation is a sham to the face of the record. Allahabad HC Stays Criminal Proceedings Against Man Booked For FB Post Expressing Aguish Over Wife's Death During Medical Treatment (Ashok Kumar Gautam v. State of UP & Anr.) The High Court stayed criminal proceedings against a person who has been booked for his Facebook post expressing anguish over the death of his wife during the course of her medical treatment in a Government Hospital. Justice Yogendra Kumar Srivastava was hearing a plea of one Ashok Gautam against whom proceedings have been initiated containing allegations relating to a Facebook post. In his post, he had expressed anguish over his wife's death during the course of her medical treatment and thereafter, he was booked under Sections 504, 507 I.P.C.,Section 66,67-a of Information Technology Act and Section 4 of the Uttar Pradesh Medicare Service Persons and Medicare Service Institutions...

High Courts Weekly Round Up [July 19, 2021 To July 25, 2021]

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