High Courts Weekly Roundup

Week Commencing From July 27, 2020 To August 2, 2020 Allahabad High Court 1) Allahabad HC Directs Petitioners To Approach Registrar General For Use Of A4 Sheets With Double-Sided Printing In Court Filings [Saumitra Anand & Ors. v. Registrar General, HC & Ors.] Observing that the matter required "serious consideration in administrative side," the division bench comprised of Chief Justice Govind Mathur and Justice Ramesh Sinha, directed a writ petitioner to make a representation before the Registrar General with respect to utilization of A-4 size paper with printing on both sides in official as well as judicial functioning in all the courts across the state of Uttar Pradesh. It may be noted that the Supreme Court and the High Courts of Calcutta and Tripura have already permitted the use of A4 size papers, with print on both the sides, in a bid to minimize paper consumption. 2) Allahabad HC Seeks Implementation Of SC Order For Supply Of Food To Children, Lactating Women [Arun Gramudyog Sansthan v. Union of India & Ors.] A Division Bench comprised of Justices Pankaj Kumar Jaiswal and Karunesh Singh Pawar sought an update from the Union Ministry of Women & Child Development regarding their policy for providing nutritional food to the children and nursing and lactating mothers amid the Covid crisis, in terms of the Supreme Court order in In Re : Regarding Closure Of Mid-Day Meal Scheme. In this case, the SC had observed that all the States should come out with a uniform policy so as to ensure, that while preventing spread of COVID-19, the schemes for providing nutritional food to the children and nursing and lactating mothers are not adversely affected. 3) Allahabad HC Dismisses Plea For Formulation Of Comprehensive Video Conferencing Rules [Singh Royekwar v. Registrar, Allahabad HC] A Division bench of Justices Pankaj Kumar Jaiswal and Karunesh Singh Pawar dismissed a PIL seeking a direction upon the HC through its Registrar General, to frame comprehensive video conferencing Rules to facilitate conducting of virtual trial viz. taking of evidence, framing of charge etc. This was after the Court noted that the rules for Video Conferencing for Courts in the State had already been sent to the State Government for necessary notification. 4) [Eid-Al-Adha] 'Restrictions Do Not Impinge Upon Fundamental Rights Of Members Of Any Religion'; Allahabad HC Dismisses Plea To Ease COVID-19 Norms [Dr. Mohammad Ayub v. State of UP & Ors.] The bench of Justice Pankaj Mitthal and Justice Yogendra Kumar Srivastava disposed of a PIL seeking relaxations in the state government guidelines dated July 12, which contemplate lockdown on weekdays in view of COVID-19 pandemic, as according to the Petitioner it will affect movement on the festival of Bakrid or Eid-Al-Adha, on Saturday, August 1. "The right under Article 25 guaranteeing freedom of conscience, profession, practice and propagation of religion being subject to 'public order, morality and health', and also 'to other provisions' of Part III of the Constitution, the restrictions imposed by the State Government imposing lockdown for two days a week during the extraordinary situation created due to COVID-19 pandemic, cannot be said to impinge upon any of the Fundamental Rights of the petitioners or members of any religious community," the Court said. 5) Allahabad HC Grants Interim Relief From Arrest To Govt Counsel Accused Of Sexual Harassment By Young Lawyer [Shailendra Singh Chauhan v. State of UP & Ors.] A Division Bench of Justices AR Masoodi and Rajeev Singh at Lucknow restrained the Police from arresting a government counsel in connection to a rape case lodged against him by a young lawyer. "Looking to the contents of the F.I.R., prima facie, we are satisfied that a case for intervention is made out to the extent that the petitioner(accused) may not be arrested…," the Court said but instructed the accused not to indulge into any activity subjecting the complainant to any intimidation or causing any threat to her life or property. Andhra Pradesh High Court 1) NOTA Applies In Case Of "Contest Of Election", Not Where There Is Only Single Candidate In Fray: AP HC [AV Badra Naga Seshayya v. State of Andhra Pradesh] The bench of Chief Justice JK Maheshwari and Justice B. Krishna Mohan observed that the option of NOTA cannot be made available when there is a single candidate contesting in the elections, and the candidate shall be declared as unanimously elected. "During deliberations, while discussing on the nomenclature of NOTA, it clearly reflects that this contingency applies in case where there is contest of election", iterated the bench. The Court was hearing a PIL to declare the action of the State Election Commission in not conducting any election to a post in a local governing body where there is only a single candidate in the fray in any territorial...

High Courts Weekly Roundup

Akshita Saxena