High Courts Weekly Round Up [Dec 14 – Dec 19]

Allahabad High Court 1. Allahabad High Court Issues Notice To UP Govt On Pleas Challenging Love Jihad Ordinance; Posted For Hearing On Jan 7 (Ajit Singh Yadav v. State of UP & Ors.) A bench of Chief Justice Govind Mathur and Justice Piyush Agarwal issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020- promulgated by the UP Governor in November this year, to prohibit religious conversions in the name of 'love jihad'. The Court asked the UP Government to file a counter affidavit by January 4 and has fixed the case for hearing on January 7, 2020. Liberty is granted to the Petitioners to file rejoinder affidavit by January 6. The main contention raised by the petitioner is that the ordinance is violative of Articles14 (Right to Equality), 15 (Prohibition of discrimination on grounds of religion, etc.), 21 (Right to life) and 25 (Freedom of conscience, etc.) of the Constitution. The petitioner also stated that there was no emergent ground to exercise the ordinance making power under Article 213 of the Constitution and that the State failed to show any unforeseen or urgent situation to justify the law. Also Read: Allahabad High Court Stays Arrest Of Man Booked Under UP Ordinance Against Religious Conversion For Marriage 2. Covid-19: Allahabad High Court Expresses Concern Over Re-Opening Of Schools In UP; Inquires By What Date Vaccine Shall Be Available To Public (In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive v. State of U.P.) A Division bench of Justice Ajit Kumar and Justice Siddhartha Varma took up the case suo moto where they addressed their concerns about re-opening of schools in the state. It expressed doubts as to whether teachers and students will follow proper COVID-19 guideline that have been laid out in the state. "There is always a possibility that young children might violate the guidelines," noted the Court. The Court instructed all the District Administrations of all districts of Uttar Pradesh to carry out regular and proper inspections and to see that the schools are following all the COVID-19 safety protocols i.e., carrying out proper sanitization and wearing masks at all times. 3. Consent Of Wife, Estranged But Not Divorced, Necessary For Adoption Under Hindu Adoptions & Maintenance Act: Allahabad High Court (Bhanu Pratap Singh v. State of UP & Ors.) A single Bench of Justice JJ Munir passed an order saying that a man, living separately from his wife without obtaining a divorce, needs the consent of such estranged wife to adopt a child under the Hindu Adoptions and Maintenance Act, 1956. "A wife living apart from the husband, utterly estranged, is still a wife, until the marital bond between the parties is severed by a decree of divorce or nullity of marriage," the Court held wrt the Hindu Marriage and Adoption Act. This case was brought to light when a petition was filed by Bhanu Pratap Singh, seeking compassionate employment from the Forest Department, in place of his late uncle Rajendra Singh. The Court ruled his adoption to be null as he was adopted by his uncle, without the consent of his aunt. The Court emphasized that his uncle and aunt were still married but they had been living separately at the time. 4. Anticipatory Bail Can Be Granted Even After Chargesheet Has Been Filed: Allahabad High Court (Adil v. State of UP) A single bench of Justice Siddharth recently held that anticipatory bail can be granted even after a chargesheet in the criminal case has been filed. The Court further stated that the anticipatory bail need not be in place for a limited duration of time. In many cases, it can even go on till the conclusion of the trial. The High Court's power to grant an applicant anticipatory bail doesn't conclude after the submission of the chargesheet. This decision was given by the Court when it was presented with a pre-arrest bail plea filed by the petitioner, Adil. He had earlier been granted anticipatory bail till submission of the police report under Section 173(2) CrPC. He had put in the application, seeking a second anticipatory bail. The A.G.A, appearing on behalf of the state argued that that once anticipatory bail has been granted to the applicant and such bail has been availed, there is no circumstance where further anticipatory bail can be granted to him till the trial has been concluded. The Court dismissed the argument presented by the respondent and the petition was allowed. 5. Change Of Name Is A Part of Right To Expression Under Article 19 & Article 21 of Constitution of India: Allahabad High Court (Kabir Jaiswal v. Union of India and ors.) A single bench of Justice Pankaj Bhatia observed that change of name is an expression guaranteed under Article 19 (1) (a) of the Constitution of India. This order was given in the light of a...

High Courts Weekly Round Up [Dec 14 – Dec 19]

LIVELAW NEWS NETWORK

Summation of important High Court orders this week

Tags