High Courts Weekly Roundup [Dec 28 – Jan 3]

Allahabad High Court 1. Police Assault On Etah Advocate: Allahabad High Court Orders Inquiry By Chief Judicial Magistrate [In Re Suo Moto Cognizance Of The Police Atrocities Over An Advocate] A Division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal Singh sought a complete report of the incident, wherein Rajendra Sharma, a practicing Advocate at Etah was beaten and manhandled by the police and his relatives too were harassed and humiliated. The Court directed the Chief Judicial Magistrate, Etah to enquire into the matter and submit a complete report including audio visual electronic documents on or before the next date of listing. The High Court had taken suo-motu cognizance of the matter. Significantly, the Bar Council of India had also issued a statement condemning the police assault and had urged the Chief Justice of the Allahabad High Court and the Chief Justice of India to take suo moto cognizance of the same. 2. Woman Entering Into New Relationship Without Securing Divorce Wouldn't Deprive Her Of Custody Of Minor Child: Allahabad HC [Anmol Shivhare (Minor) v. State Of UP & Ors.] The Bench of Justice JJ Munir observed that the fact that the mother enters into a new relationship allegedly without obtaining divorce from her husband, may be something that the law and the society frown upon, but, this in itself, wouldn't deprive her of the custody of her minor child. The Court observed that "depriving the minor of his mother's company, might have an adverse impact on his overall development. This, in-turn would derogate from the minor's welfare." Andhra Pradesh High Court 1. "Does One Become Christian Just By Attending Church Sermon?" AP HC Dismisses Plea Against CM Jagan Mohan Reddy For His Visit To Tirupati Temple 'Being A Non-Hindu' [Alokam Sudhakar Babu v. State of Andhra Pradesh & Ors.] A Single Judge bench of Justice Battu Devanand dismissed a writ petition of quo warranto against Andhra Pradesh Chief Minister, YS Jaganmohan Reddy and other Cabinet Ministers on their visit to Tirumala Tirupati Devasthanam Temple despite being non-Hindus and followers of a different religion. The petition was filed requiring the respondents to show under what authority are they holding their respective official posts thereby seeking directions on appointment of other competent persons in their place. The primary grievance of the petitioner was that Reddy, who is a Christian by religion, has entered the temple without furnishing the required declaration thereby violating the law of the State and he is not entitled to continue in the present post as he is holding. "Recently, the respondent has participated in the prayers in Gurudwara at Vijayawada. Can he be treated as professing the "Sikh" religion? Does one become a "Christian" just by having a biblical name or just by attending a Church sermon? Can one be called as a 'Christian' just because they read the Bible or have the Crucifix in their house? Admittedly, the answer will be negative," the Court observed while dismissing the plea. Further, the Court also noted that there is a State tradition from years to invite the serving Chief Ministers for offering prayers to Tirumala Tirupathi Devasthanams temples to present "Pattu Vastralu" during Brahmotsavam as per the procedure provided under "Kainkarya Patti" 2. Andhra Pradesh High Court Under Attack From Persons In Power: HC Judge Makes Scathing Remarks Against CM Jagan Justice Rakesh Kumar of the Andhra Pradesh High Court made certain scathing observations against the Chief Minister Jagan Mohan Reddy and the State Government led by him. While rejecting an application moved by the State Government seeking his recusal from hearing a case, Justice Kumar went to the extent of saying that the High Court of Andhra Pradesh was under attack from persons in power. The judge observed that state government, after overreaching and undermining constitutional bodies like the legislative council and the State Election Commission, was attempting to do so with respect to the High Court. "To some extent after getting success in overreaching and undermining two Constitutional Bodies, i.e., Legislative Council and the State Election Commission, it was the turn of highest Court in the State of Andhra Pradesh, i.e., High Court of Andhra Pradesh", he noted in the order. The judge referred to the social media abuses hurled by members of the ruling party against judges after the High Court passed adverse orders against the government. The High Court has initiated contempt proceedings with respect to such posts and has ordered CBI enquiry against YSRCP members for such defamatory posts. 3. Andhra Pradesh High Court Judge Calls For Collegium Transparency In The Wake Of Transfer Proposals Of Chief Justices Of AP, Telangana HCs In a curious development, a judge of the Andhra Pradesh High Court passed an order with...

High Courts Weekly Roundup [Dec 28 – Jan 3]

LIVELAW NEWS NETWORK

Summation of important High Court orders this week

Tags