High Courts Weekly Round-Up

Allahabad High Court ● Right Of An Indigent Accused To Free Legal Services Will Be "Illusory" Unless The Court Informs Him Of Such Right. [Shadaan Ansari v. State of UP & 2 Ors.] The Allahabad High Court has reiterated that while prosecuting an indigent person who cannot afford to engage of lawyer, the court must provide him with "real and meaningful" free legal aid. The Single Bench of Justice Rajeev Singh observed that if adequate legal is not provided to an accused during trial, the same will be violative of his rights under Article 21 of the Constitution. The observations were made while allowing a revision petition for quashing the order passed by Special Judge (POCSO) whereby the Revisionist's application under Section 311 CrPC for recall of the witnesses for cross-examination was rejected. ● Allahabad HC Seeks Reply From Centre & State Govt. In Plea For Regulation Of Sale & Distribution Of Acid [Chhanv Foundation v. Union of India & Ors.] The Lucknow bench of the Allahabad High Court has sought replies from the Centre and the UP State governments in a PIL seeking implementation of the Supreme Court's directions, to regulate the sale and distribution of acid in the country. The bench of Chief Justice Govind Mathur and Justice Chandra Dhari Singh has asked the governments to file their counter affidavits latest by January 31. The directions were issued after the Petitioner-NGO, Chhanv Foundation, apprised the bench that despite the guidelines issued by the Apex Court in Laxmi v. Union of India & Ors., obtaining acid in the State was a cakewalk. ● Allahabad HC dismissed pleas on qualifying marks for Asst. Teacher's Exam 2018. [Alok Kumar & Anr. v. State of UP & Ors.] The Allahabad High Court refused to lower the merit for selection in the Assistant Teacher Recruitment Examination-2018 and stated that merely because certain seats were vacant, the court could not issue a writ of mandamus, asking the government to adjust more candidates. "A feeble argument raised on behalf of the petitioners is that there are approximately 27713 posts still lying vacant and it would be equitable for this Court to direct the respondents to fill in the remaining vacancies with the relaxed qualifying marks. However, it is settled proposition of law that no mandamus can be issued by the Courts of law to the Government to fill in unfilled vacancies and as such, even the said argument is rejected," Justice Abdul Moin held while dismissing about 60 petitions. Bombay High Court ● "Requiem For a Falling Tree and a Failing Human"; Bombay HC Dismisses Petition u/A. 227 Due To 'Trouble' Caused By Tree. Justice Dama Seshadri Naidu sitting in the High Court of Bombay penned a thought provoking three-page oral order that he himself summarised as, "Requiem for a Falling Tree and a Falling Human." Justice Naidu was hearing a writ petition filed by representatives of one Vithal Sambri (now deceased) in whose residential compound a tree grew and it happened to lean inside their neighbour's compound, this led to the neighbour's complaint to the statutory authorities regarding 'the trouble these trees are causing.' ● Refuses Urgent Relief To Television Broadcasters Challenging TRAI's Amended New Tariff Order Bombay High Court refused ad-interim relief in a plea filed by the Indian Broadcasting Foundation, a unified representative body of television broadcasters in India which challenged the amendments made by the Telecom Regulatory Authority of India to New Tariff Order notified in January. Division bench of Justice SC Dharmadhikari and Justice RI Chagla directed TRAI to submit a reply to the plea within a week and set January 22 as the next date of hearing. ● POCSO : Bombay HC Grants Bail, Observes Minor Girl 'Surrendered' To Physical Desires Of Accused Out Of Love & Affection. [Anirudha Yadav v. The State of Maharashtra] The Bombay High Court has granted bail to one Anirudha Yadav, a 25-year-old man accused of raping a minor girl, in a case under Protection of Children from Sexual Offences (POCSO) Act. The Court observed that the conduct of the victim, a minor girl aged nearly 15 years, indicated the she had left home to go with the accused by her own will and that she had 'surrendered to the physical desires of the accused out of her love and affection for him'. ● Allows Release Of 'Umeed' Movie [Shivani Tiberwala v. Rajat Mukherjee] The Bombay High Court held that there can be no monopoly of copyright in the idea or subject of a film based on the subject of clinical trial which is a part of public domain and dismissed a notice of motion filed by writer Shivani Tibrewala in a suit alleging copyright infringement on behalf of makers of the movie Umeed, which is based on unethical clinical trials. The plaintiff alleged that script of the movie Umeed was a substantial reproduction and/or an...

High Courts Weekly Round-Up

Arabhi Anandan

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