High Courts Weekly Roundup

Week Commencing From July 6, 2020 To July 12, 2020 Allahabad High Court 1) UP Police Continues To Register FIR Under 'Unconstitutional' Section 66A IT Act ; Allahabad HC Refuses To Quash It [Rohit Singhal v. State Of UP & Ors.] Despite striking off of Section 66A of the Information Technology Act by the Supreme Court in the case of Shreya Singhal v. Union of India, a division bench of Justices Ramesh Sinha and Samit Gopal refused to quash the FIR registered under the said provision and instead directed that the Petitioner shall not be arrested, till the submission of the police report. 2) Allahabad HC Seeks Action Taken Report Against Govt Medical College Principal For Making Communally Laced Remarks Against Muslims [Indian Muslims for Progress And Reforms (IMPAR) v. Union of India & Ors.] A division bench comprised by Chief Justice Govind Mathur and Justice S D Singh asked the UP Government about the disciplinary action taken against principal of Kanpur Government Medical College, Arti Lalchandani, who was caught on camera while making "anti-Muslim bigotry". It is listed for hearing on July 20. 3) Allahabad HC Orders UP Govt To Conduct Covid Mass Testing In 5 Districts Of The State [In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive Respondent] A bench of Justices Siddhartha Varma and Ajit Kumar directed the UP Government to conduct mass testing in the entire state, particularly in high-risk cities of Gautambudh Nagar, Ghaziabad, Meerut, Agra, Bareilly, Kanpur Nagar, Lucknow and Varanasi. The court also took note of a letter petition highlighting the problems related to disposal of masks and ordered the local authorities to inform as to how the disposal of these used masks would be done. 4) Under What Law Is 'Unilateral' Notice Issued?: Allahabad Asks UP Govt In Ex-IPS Darapuri's Plea For Quashing Notice To Recover Public Loss From Anti-CAA Protest [Sarwan Ram Darapuri v. State of UP & Ors.] The single bench of Justice Rajan Roy asked the UP Government to explain under what law it had issued a "unilateral" notice to former IPS officer SR Darapuri, seeking to recover damage caused to public and private property during anti-CAA protests last year. The court also asked the Government to "satisfy" the court as to the existence of such a provision in law, when the alleged incident occurred. Bombay High Court 1) COVID-19: Bombay HC Warns Action Against Erring Officials; Says It Will Pay Surprise Visit To Quarantine Centres & Hospitals [Registrar (Judicial), Bombay HC v. Union of India & Ors.] Expressing grave concern about the rising number of cases in Aurangabad, the division bench of Justices TV Nalawade and SD Kulkarni warned strict action against those public servants and officials appointed for fighting the pandemic of coronavirus, who refuse to show up for work, Court even warned of a surprise visit to hospitals and quarantine centres to ensure that their is discipline in the concerned staff. 2) 'Glow & Handsome' : Bombay HC Grants Interim Relief To HUL Against Emami [HUL v. Emami Ltd.] In an ex-parte order, the single bench of Justice BP Colabawalla granted relief to Hindustan Unilever Limited and restrained Emami from initiating any legal proceedings against HUL for use of the trademark 'Glow & Handsome' without giving a seven day prior written notice to the plaintiff. Next date of hearing in the matter is July 27. 3) Doctors Who Have Served For Decades Are Being Treated in An Obnoxious & Callous Manner; Bombay HC Reinstates Radiologist In MGM Hospital [Dr.Nimish Shah v. State of Maharashtra & Anr.] "In view of the current pandemic, the citizens are going through trying times. However, the doctors who have served the Hospital for several decades, and are ready to continue their services in such difficult times also, are being treated in an obnoxious and callous manner by the Management of the MGM Hospital," a bench of Justice SJ Kathawalla and Justice VG Bisht observed sternly in a petition filed by Dr.Nimish Shah, a radiologist with 33 years of practice, whose services were terminated by MGM Hospital. 4) Lawyers Seeking Declaration Of Services Rendered By Them As Essential Service; Two Separate Benches Of Bombay HC Issue Notice To State, Centre & BC Two separate benches of the High Court issued notices to State, Centre and Bar Council of Maharashtra and Goa in two separate proceedings by lawyers seeking the same relief, declaration of services rendered by lawyers as an essential service. 5) POCSO Special Court Can Try Offences Under SC/ST(PoA) Act When Child-Victim Belongs To Scheduled Caste/Tribe : Bombay HC [Suraj S Paithankar v. State of Maharashtra] Bench of Justice Bharati Dangre clarified that in a case where the child subjected to abuse happened to be belonging to the Scheduled Caste or the Scheduled Tribe, procedure carved...

High Courts Weekly Roundup

Akshita Saxena

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