High Courts Weekly Roundup [13 December 2021 To 18 December 2021]

Allahabad High Court1. CBI Files Charge Sheet Against Former Allahabad HC Judge Justice SN Shukla In Medical College Bribery CaseThe Central Bureau of Investigation (CBI) has filed its charge sheet against former Allahabad High Court Judge Justice Sri Narayan Shukla in the medical college bribery case wherein he has been accused of favoring a private medical college in his orders.As reported by PTI (quoting CBI Officials), in its FIR, besides Justice Shukla of the Allahabad High Court, the agency has also named retired Chhattisgarh High Court judge IM Quddusi, Bhagwan Prasad Yadav, and Palash Yadav of the Prasad Education Trust, the trust itself and private persons Bhavna Pandey and Sudhir Giri.2. [S. 66A IT Act] Police Can't Lodge FIR, Courts Can't Take Cognizance Of Chargesheet: Allahabad HC Directs DGP, UP Courts [Harsh Kadam @ Hitendra Kumar v. State Of U.P. Thru Prin. Secy. Home And Anr.]The Court issued a direction to all the District Courts in Uttar Pradesh and to the Director-General of Police, U.P that no FIR be lodged under Section 66A of the IT Act, 2000 and no court to take cognizance on the charge sheet filed under the said section.The order came from the Bench of Justice Rajesh Singh Chauhan as it noted that Section 66A of the IT Act, 2008 has already been struck down by the Apex court in the case of Shreya Singhal vs. Union of India, reported in (2015) 5 SCC 1.Also Read: Circulating Indecent Videos Of Children, Blackmailing Them For Gains 'Serious Offences'; Society Struggling To Deal With The Menace: Allahabad HC3. 'Brutal Murder' Of Journalist Vikram Joshi: Allahabad High Court Rejects Bail Plea Of The Lone Accused [Sahnoor @ Chhotu v. State of U.P.]The Court recently denied bail to the lone accused in the Journalist Vikram Joshi Murder case. Joshi was shot in the head, in front of his two minor daughters in July 2020 in Uttar Pradesh's Ghaziabad district.Denying him bail, the Bench of Justice Rahul Chaturvedi noted that the facts and circumstances of the case showed the involvement of the applicant alone in committing the brutal murder of Joshi, a journalist.4. [49 Cases 'Wrongly' Imposed On A Man] "State's Heavy-Handed Exercise Of Powers Calls For Court's Interference": Allahabad HC [Gaurav @ Gaura v. State of U.P.]Dealing with a case related to a man against whom 49 cases were registered by the Uttar Pradesh Police over a span of 23 years, the Court observed that the state's heavy-handed exercise of powers resulting unforeseen situations which comprehend mischief to lives calls for interference of the Court.Observing that it is not expected from the U.P. Police, the Bench of Justice Vivek Kumar Singh had, last month, noted that such callous action cannot be imagined from the officers of the disciplined force.Also Read: Kasganj Custodial Death: Allahabad High Court Issues Notice On PUCL's Plea Seeking Establishment Of Fast-Track Police Courts5. Allahabad High Court Directs DGP, Lucknow CP To Recover & Produce A 15-Year-Old Girl 'Illegally Detained' By 2 PersonsExpressing its disappointment over the lethargic attitude of the Uttar Pradesh Police to trace out a Hindu minor girl from the illegal detention of two youths who belong to a different religion, the Court directed the DGP and Commissioner of Police (CP), Lucknow to take necessary action in the matter.The Bench of Justice Vikas Kunvar Srivastav has directed the DGP and CP, Lucknow to recover the minor girl and ensure her production before the Court on December 23.6. Murder Convicts Get COVID Parole Thrice: Allahabad High Court Seeks Reply Of UP Govt, Orders EnquiryQuestioning the move of the Uttar Pradesh Government to release 4 Murder convicts on COVID Parole, the Court directed the Chief Secretary of State's Government to enquire into the matter as to under what circumstances the convict/appellants were released on parole thrice.The Bench of Justice Ramesh Sinha and Justice Vivek Varma has also sought a report as to how many such convicted persons for death and life imprisonment by the trial Court and other convicts, who were in jail for the offences involving punishment for more than seven years, have been released in the State of U.P.Also Read: "Serious Allegations Of Mala-Fides": Allahabad HC Issues Notice To UP Dy-CM Keshav Maurya In 'Illegal House Grabbing' Case7. "Appointment Secured By Forging Caste Certificate": Allahabad High Court Upholds Termination Of Govt Teacher's Services [Munni Rani v. State Of U.P. Thru. Addl.Chief Secy.Basic Education & Ors]The Court upheld the order of the District Basic Education Officer terminating the services of a woman Government Teacher who was found to have forged and fabricated a caste certificate for securing her appointment.Observing that in her application, a woman Government Teacher had mentioned her caste to be 'Ansari', but she had submitted the caste certificate of her belonging to Scheduled Caste category while securing an appointment, the Bench of Justice Dinesh Kumar Singh...

High Courts Weekly Roundup [13 December 2021 To 18 December 2021]

Hannah M Varghese

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