High Courts Weekly Round Up [August 2, 2021 – August 7, 2021]

Allahabad High Court "Live-In Relation Can't Be At Cost Of Country's Social Fabric": Allahabad HC Imposes 5K Cost On Married Woman Living With Partner (Smt. Aneera & Anr v. State of Uttar Pradesh) Observing that live-in-relationship cannot be at the cost of the social fabric of this Country¸the High Court recently dismissed the protection plea of a married woman living with her partner with an exemplary cost of Rs.5,000. Calling her live-in relationship with her partner an illicit relationship, the Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand observed thus: "Directing the police to grant protection to them may indirectly give our assent to such illicit relations." Need To Address Male 'Chauvinism' That Women Are 'Enjoyment Object': Allahabad HC Bats For Specific Law On 'Sex On False Promise Of Marriage' (Harshvardhan Yadav v. State Of UP And Another) The High Court observed that it is necessary for the legislature to provide a clear and specific legal framework to deal with the cases where the accused obtains consent for sexual intercourse on the false promise of marriage. "This feudal mind set and male 'chauhanism' (Chauvinism) that women are nothing but an object of enjoyment is required to be rigorously addressed and strictly dealt with in order to create a healthier society and to increase a sense of security and protection in the mind of women," the Bench of Justice Pradeep Kumar Srivastava observed. "No Real Threat; Seeking Security To Flaunt His VIP Status": Allahabad HC Dismisses Lawyer's Plea Seeking Personal Security (Smt Aalia v. State of U.P) The High Court dismissed his plea challenging State Government's order refusing to provide him personal security. The Bench of Justice D. K Singh was hearing the plea of a practicing lawyer of District Lucknow who claimed that due to the nature of work being performed by him, he receives continuous threats to his life and property and thus he should be provided with personal security. The bench observed that the lawyer-petitioner was seeking security as an authority of symbol to flaunt his status a VIP with no real threat in existence. "Act Smacks Of Prejudice & Malafide": Allahabad High Court Questions DM For Slapping 'Gangster Act' On Lady For 2 Pending Cases The High Court called it a strange case that on account of just two pending criminal cases against a lady, the Gangster Act [The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986] was slapped on her. The Bench of Justice Vivek Kumar Singh sought a personal affidavit from the District Magistrate, Kanpur Nagar explaining as to under what circumstances a lady (the applicant) against whom only two cases are pending has been made a criminal under the Gangster Act. POCSO Offences- "Victim's Parent/Guardian Should Be Notified Of Bail Plea & Their Right To Legal Assistance": Allahabad High Court (Rohit v. State Of U.P. Thru. Secy. Home Lko.) In an important ruling, the High Court has directed that the notice of the filing of the bail application in every POCSO case shall be given to the Parent/Guardian of the child victim or complainant, to be served through Investigating Officer/S.H.O. of the Police Station concerned. The Bench of Justice Vivek Chaudhary also made it mandatory for the Investigating Officer/S.H.O. of the Police Station concerned to also include, in the notice, the details regarding the right to legal assistance in Hindi language so as to enable them to take assistance from the Legal Services Authority. Other Developments: State Law Officers Should Get Reasonable Time To Prepare Cases To Assist Court: Allahabad High Court Directs Formation Of Guidelines "Justify Dr. Kafeel Khan's Over 4-Yr Suspension": Allahabad High Court Seeks Uttar Pradesh Govt's Response "Lawyers Charge Professional Fee & Then Abstain From Work": Allahabad HC Refuses To Direct Time Bound Disposal Of A Case Bombay High Court Bombay High Court Refuses To Stay Prison Transfer Order Of Bhima Koregaon Accused Without Hearing State The High Court observed that the accused in the Bhima Koregaon – Elgar Parishad Case resisting their transfer out of Taloja Prison, despite repeatedly complaining about the prison authorities there, is confusing and paradoxical. "So many complaints that jail authorities there are not providing basic things, food and medicines. So now when they want to transfer, you don't want it? …The complaints against the prison officials and now these prayers not to be transferred appear to be paradoxical," Justice Shinde leading the bench said. The bench refused to stay the transfer orders without hearing the State and adjourned the matter. The court was seized with one plea filed by the kin of accused Dalit scholar Anand Teltumbde, civil rights lawyer Surendra Gadling and activist Sudhir Dhawale's friend. Tribal rights activist...

High Courts Weekly Round Up [August 2, 2021 – August 7, 2021]

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