High Courts Weekly Roundup [May 31, 2020 – June 5, 2021]

Allahabad High Court 1. 'No One Is Disputing Your Right': Allahabad HC To Legal Journalists Seeking VC Links; Says Administration Looking Into Matter [Areeb Uddin Ahmed & Ors. v. Allahabad High Court & Ors.] A Division Bench of Justices Pankaj Naqvi and Jayant Banerji observed that its administrative side is working on all aspects of live streaming and live reporting of Court proceedings, for wider public access. "No one is disputing your right. They're working on all the aspects of the matter, we have to give them some time," the Court said while adjourning the matter for six weeks. Significantly, the Court opined that there is no need to pass any interim order in the matter. When the Petitioner's counsel Shashwat Anand urged the Court to direct that no coercive action shall be taken against the media persons in case they live report the court proceedings, the Bench responded, "Who is preventing you?" 2. Victim A Major, Went To Hotel Room On Her Own Sweet Will": Allahabad High Court Grants Bail To Man Booked Under UP Anti-Conversion Law [Sonu Rajpoot @ Zubair v. State of UP] A Single Bench of Justice Samit Gopal granted bail to a man booked under the Uttar Pradesh Prohibition of Unlawful Religion Conversion Act, 2020 who has been accused of committing rape upon the victim in a room of a hotel. Noting that the victim is a major and had a consenting relationship with the accused, the Court observed thus: "The (bail) applicant and the first informant/victim were in a relationship for long and she used to spend time with the applicant and used to travel with him and went to a room of a hotel on her own sweet-will." Also Read: 'If A Man & Woman Are In A Room, Man Makes A Request & Woman Complies, Do We Need To Say Anything More' : Supreme Court In Plea Against Bail To Varun Hiremath In Rape Case 3. Ex-IAS Officer Booked For A Tweet Regarding COVID Affected Dead Bodies: Allahabad High Court Stays Arrest [Surya Pratap Singh v. State Of U.P. Thru Prin. Secy. Home And Ors.] The bench of Justice Ramesh Sinha and Justice Jaspreet Singh stayed the arrest of a retired IAS officer who has been booked under various offences under IPC, Uttar Pradesh Public Health and Epidemic Diseases Control Act, 2000, Disaster Management Act, 2005 and IT Act for allegedly tweeting some photos and videos alleging COVID mismanagement in Uttar Pradesh with regard to COVID Dead Bodies. It was hearing the plea of the Retired IAS office, allegation against him is that the photographs he attached with the tweet and posted on Twitter deliberately spread hatred and it resulted in spreading tension among different sections in the locality. Other developments: Gareeb Nawaz Mosque Demolition: Masjid's Committee Members Get Protection Against Coercive Action From Allahabad High Court In Forgery CasePlea Alleges Oxygen Tankers 'Robbed' By The State Officials: Allahabad High Court Seeks Uttar Pradesh Government's Response Bombay High Court 1. Bombay High Court Refuses To Stay Maharashtra University Of Health Science's Offline Semester Exams [HERD Foundation v. Union of India] A bench of Justice Avinash Gharote refused to stay the Maharashtra University of Health Science's (MUHS) decision to conduct the 'Winter 2020' examinations through the 'offline mode' for medical students from June 10, 2021. It has posted the PIL, seeking online examinations, or vaccination for nearly 40,000 undergraduates before they give the examination spread across 20 days and 173 centres, to June 14. Though the petitioner's counsel sought for a posting on June 8 (before exams), saying that it will ensure that the students enter the exam halls with adequate precautions, the bench declined the request. "Once a student has opted to take the examination it is for him to take all the measures. They are going to be future doctors", the bench said. Also Read: Advisable That Students Produce Negative RT-PCR Results For Maharashtra University Of Health Sciences (MUHS) Exams : Bombay High Court 2. Can We Substitute State's Decision That Environment Isn't Conducive For Exams? Bombay HC Asks Petitioner Challenging SSC Exams Cancellation [Dhananjay Kulkarni v. Union of India & Ors.] A division bench of Chief Justice Dipankar Dutta and Justice GS Kulkarni granted liberty to the PIL petitioner challenging the Maharashtra Government's decision to cancel SSC (Class 10 board examinations), amend his plea, and challenge the new evaluation process. "Corona is targeting young people now. In some cases, we may think that the State's decision is not wise, but will that flow us with powers to strike down the decision?" the bench said saying it is giving only a prima facie view and asked Petitioner's advocate Uday Warunjikar to make submissions on the powers of a writ court to exercise jurisdiction in such a case. Also Read: 'Class 12 Students More Mature, Independent &...

High Courts Weekly Roundup [May 31, 2020 – June 5, 2021]

Akshita Saxena

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