High Courts Weekly Roundup

Week Commencing From August 24, 2020 To August 30, 2020 Allahabad High Court 1) [Increasing Number Of COVID Cases In UP] 'Any Step Lesser Than A LockDown Would Be Of No Help': Observes Allahabad HC [In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive Respondent] The High Court reiterated its concerns over the spike in Covid cases in the State and remarked that re-imposing a Lockdown may be the only plausible measure to curb the spread of Covid-19. "For the last several dates, we are being repeatedly assured of concrete steps being taken by the administration of various districts of the State to contain the spread of COVID-19 but the manner and the rise this pandemic has shown in several parts of the State, it is evident that any step lesser than a lockdown, would be of no help," remarked the Bench of Justices Siddhartha Varma and Ajit Kumar. Also Read: 'People Have Got A Wrong Impression That They Can Now Freely Mix With Each Other': Allahabad HC Suggests Incarceration Of Persons Flouting Physical Distancing Norms Also Read: Social Distancing Seems To Be An 'Empty Shibboleth'; Treatment System At Government Hospitals Has 'Collapsed': Allahabad HC Raps UP Govt 2) BHU Missing Student Case: Allahabad HC Raps UP Police For Filing 'Vague Affidavit' [Saurabh Tiwari v. State of UP] The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh slammed the Police authorities for filing a 'vague affidavit' instead of giving a complete statement of facts that led to disappearance of a BHU student from Varanasi from Police custody. The Court has now directed the Senior Superintendent of Police, Varanasi to remain personally present in the Court on the next date of hearing, i.e. September 3, 2020. 3) Allahabad HC Grants Protection From Arrest To 'The Scroll' Journalist Supriya Sharma In FIR Alleging Misrepresentation Of Facts & Statements [Supriya Sharma & Anr. v. State of UP & Ors.] The Division Bench comprising Justices Manoj Misra and Anil Kumar-IX granted protection from arrest to Supriya Sharma, Executive Editor of Scroll.in and also the Editor in Chief of Scroll.in, in connection to an FIR lodged against them by a Varanasi resident for misrepresentation of her statements. The Court observed that Ms. Supriya claimed to be in possession of an audio recording of the interview, the contents of which were reflected in the publication. However, the Court refused to quash the FIR against them, stating that the allegations contained in the FIR disclose commission of cognizable offence. 4) Allahabad HC Grants Bail To 16 Foreign Members Of Tablighi Jamaat [Idrus Umar & Ors. v. State of UP] The bench of Justice Saurabh Shyam Shamshery allowed the bail applications of 16 foreign members of the Tablighi Jamaat, accused of violating of the pandemic protocol and hiding in Prayagraj without any information to the administration. Also Read: 'They Are Also Entitled To Equal Protection Of Law ', Allahabad HC Grants Bail to 6 Foreign Members of Tablighi Jamaat 5) [Covid 19] Stipulate Stricter Time Schedules For Shops; Minimize Conglomeration: Allahabad HC Seeks Road Map From UP Govt To Restrict Public Movement [In-Re Inhuman Condition At Quarantine Centres] The Division Bench comprising Justices Siddhartha Varma and Ajit Kumar granted two days time to the UP Government to come up with a "complete road map" to minimize public movement and prevent the spread of Covid infection in the state. "We expect stricter time schedules for shops would be there and also every effort would be made to minimize conglomeration of people in public places and in public vehicles. Here it may be mentioned that even though timings of various commercial activities may be substantially reduced but medical shops and dispensaries might be an exception," the Court suggested. 6) 'Complete Prohibition Of Essential Religious Practices Is In Proportion To The Unprecedented Pandemic': Allahabad HC Refuses To Permit Muharram Processions [Japhar Abbas v. Union of India & Ors.] The Division Bench comprising Justices SK Gupta and Shamim Ahmed dismissed a batch of petitions seeking permission to take out Tazia procession during Muharram, on August 29. "It is with a heavy heart that we hold that in these testing times, it is not possible to lift the prohibition by providing any guidelines for regulating the mourning rituals/practice connected with the 10th day of Moharram," it said. The Court also said that complete prohibition of practices which are essential to our religions is very much in proportion to the unprecedented situation we are faced with. Also Read: "Community May Be Targeted For Spreading Virus" SC Refuses Permission To Hold Muharram Procession Also Read: Only One Tazia To Be Carried In The Entire State; Bombay HC Allows Muharram Procession Of Only 5...

High Courts Weekly Roundup

Akshita Saxena

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