High Courts Weekly Roundup

Week Commencing June 1 To June 7 Allahabad High Court 1) Allahabad HC Directs Govt To Establish District Level Committees To Supervise Functining Of Quarantine Centers [Shaad Anwar v. State of UP] The bench comprising of Justices Shashi Kant Gupta and Saurabh Shyam Shamshery directed the State of Uttar Pradesh to constitute a three-member Committee in every district so as to ensure that persons who have completed their Quarantine period and have tested Covid-negative are released forthwith. The court clarified that the Committee will not only supervise the functioning of the Quarantine Centers but will ensure also that such centers are properly maintained and administered. 2) Allahabad HC Asks Govt To File Reply In Plea Seeking Arrangement For Conjugal Visits To Prison Inmates With Social Distancing Norms [Shivam Pandey v. State of UP & Ors.] Justices Anil Kumar and Manish Mathur issued notice on a petition seeking a direction to the Uttar Pradesh Government to make arrangements for meeting of inmates with their deponents, family members, friends and lawyers, while ensuring the guidelines of social distancing and sanitization. The matter is now listed for hearing on June 15. 3) Allahabad HC Allows Bail Plea Directly Without Requiring The Accused To Approach Trial Court [Suraj Kumar v. State of UP] Justice Siddharth allowed a bail petition filed directly before it under Section 439 for CrPC without requiring the Petitioner to first approach the Trial Court, on account of the lockdown situation. "Extraordinary circumstances requires extraordinary remedies and therefore this court is inclined to consider the present bail application in exercise of its power under Section 439 Cr.P.C., but without making it a precedent for normal times," the bench said. Bombay High Court 1) All Frontline Workers In Hospitals & Containment Zones In Vidarbha Region Entitled To Be Tested For Covid-19 On RT-PCR Method: Bombay HC [Citizen Forum for Equality v. State of Maharashtra & Ors.] Division bench of Justice RK Deshpande and Justice NR Borkar of Nagpur bench directed the state government to immediately conduct the Reverse Transcription Polymerase Chain Reaction (RT-PCR) test of all frontline warriors (including doctors, nurses, policemen) attending to patients of Covid-19 working in the entire Vidarbha region. 2) Centre Seeks Dismissal Of Petition Seeking Public Declaration & CAG Audit Of PM Cares Fund, Bombay HC Seeks Reply Division bench of Justice Sunil B Shukre and Justice Anil S Kilor of the Nagpur bench sought a reply from the Centre on a lawyer's petition seeking an audit by the CAG of India and public declaration of funds received by the PM CARES Fund, a public charitable trust created by the Central Government for dealing with contingencies arising due to the outbreak of Covid-19. Also Read: Plea In Delhi HC Seeks To Bring PM CARES Fund Under Right To Information Act Also Read: PMO And PMCARES Cannot Refuse RTI 3) Cyclone Nisarga: Bombay HC Allows Arrested Vessel 'MV Karnika' To Be Moved To Safer Waters Temporarily Till Cyclone Passes [Monjasa DMCC v. MV Karnika] Justice AK Menon allowed arrested vessel MV Karnika to be moved out of the port of Mumbai into safer waters considering the sheer size of the vessel and possible damage it may cause to other vessels anchored due to Cyclone Nisarga. 4) Bombay HC Allows Airlines To Keep Middle Seat Occupied As Expert Committee Says Mere Touch Of COVID-19 Infected Person Will Not Transmit Virus A Division bench of Justice SJ Kathawalla and Justice SP Tavade passed an interim order to allow all airlines to keep middle seats occupied in compliance with May 31 circular issued by the Directorate General of Civil Aviation. The order was passed after an Expert Committee headed by Secretary, Ministry of Civil Aviation informed the Court that mere touch of a person infected with Covid-19 will not lead to transmission of the deadly virus, unless droplets from the mouth or nose of Covid positive person through sneezing or coughing come in contact with hands, mouth, nose of a non-covid person increases the chances of infection. Also Read: How Many Passengers Contracted Covid-19 After Taking Flight Under Vande Bharat Mission; Bombay HC Asks Centre 5) Wife Entitled To Maintenance Even If She Runs A Business & Earns Income Out Of It Says Bombay HC, Decreases Quantum Of Maintenance [Sanjay Damodar Kale v. Kalyani Sanjay Kale & Anr.] While hearing a criminal revision application filed by a 51-year-old man from Pune against a family court judgment directing him to pay monthly maintenance to his ex-wife, Justice NJ Jamdar held that the wife is entitled to maintenance even if she runs a business and has her own source of income. However, the quantum of maintenance was decreased. 6) PIL By Journalist Unions Against Salary Cut, Lay Offs; Bombay HC Issues Notice To Centre,...

High Courts Weekly Roundup

Akshita Saxena

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