High Courts Weekly Roundup

Week Commencing From August 31, 2020 To September 6, 2020 Allahabad High Court 1) NSA Charges Against Dr. Kafeel Khan Dropped; Allahabad HC Directs Immediate Release [Nuzhat Perween v. State of UP & Anr.] In a huge relief to Dr. Kafeel Khan, who had been in custody under the stringent provisions of the National Security Act, 1980, the Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh directed the Government to immediately release him. The HC observed that the charges against Dr. Khan were unwarranted as there was no occasion in his allegedly provocative speech that instigated hatred against any community or promoted violence. Also Read: 'Dr Kafeel Khan's Speech Does Not Promote Hatred Or Violence, It Gives A Call For National Integrity And Unity Among Citizens': Allahabad HC Also Read: Chief Justice Govind Mathur, Who Quashed Kafeel Khan's Detention, Has A Consistent Record Of Upholding Fundamental Rights 2) Allahabad HC Allows Withdrawal Of Pleas Against 'Name & Shame Ordinance' With Liberty [Ashwin Duggal & Ors. v. State of UP & Anr.] The Division Bench comprising Chief Justice Govind Mathur and Justice Saumitra Dayal Singh dismissed as withdrawn the plea challenging UP's Name and Shame Ordinance, after Senior Advocate Manish Goyal, appearing on behalf of the State Government informed the Court that the impugned Ordinance had been passed as an Act by the Vishan Sabha, with significant changes. The Court however granted liberty to the Petitioner to file a fresh plea challenging the Act, if and when it is passed. 3) Covid 19: Allahabad HC Prohibits Serving Of Hookahs In Restaurants/Cafes Until Further Orders [Suo Moto v. State of UP & Ors.] As a preventive measure against the spread of Corona virus, the Division Bench comprised by Justices Shashi Kant Gupta and Shamim Ahmed prohibited the serving of Hookah/s in restaurants, cafes etc., in the State of UP with immediate effect. "The communal nature of water pipe smoking means that a single mouth piece and hose are often shared between users, especially in social settings. The difficult-to-clean long pipes and a cold water reservoir makes them ideal for coronavirus transmission. Infection can be transmitted through hookah by waterpipe smoking," the Court said. 4) Allahabad HC Dismisses Plea Against Appointment Of Additional Advocates General [Asok Pande v. Union of India] The Division Bench comprising Justices Pankaj Kumar Jaiswal and Dinesh Kumar Singh dismissed a PIL contending that there can be only one Advocate General in a State and that appointment of Additional Advocates General is impermissible under the Constitution. It observed that appointment of AAG is necessary to ensure proper/smooth assistance of the Court on behalf of the State. The Petitioner had contended that all powers vested with the AG, either by the Constitution or by different enactments, are to be performed only and only by him. The Court clarified that an AAG discharges only "urgent and routine work" of the office of AG and is not entrusted with the powers of the AG under the Constitution. 5) Allahabad HC Grants Interim Bail To The Government Counsel Accused Of Sexually Harassing A Young Lawyer [Shailendra Singh Chauhan v. State Of U.P. & Anr.] Single Bench of Justice Chandra Dhari Singh granted interim bail to a government counsel in connection to a rape case lodged against him by a young lawyer. "The applicant is a reputed Advocate and has been practicing in this Court for the last 29 years without having any criminal antecedent(s). The applicant was Additional Chief Standing Counsel for the State Government and for number of Departments and Corporations. The entire evidence against the applicant is based on documents. Having regard to the status which the applicant has, there is no likelihood of his fleeing away from justice," the Court said. Previous orders in the matter: Allahabad HC Grants Interim Relief From Arrest To Govt Counsel Accused Of Sexual Harassment By Young LawyerSC Stays Allahabad HC Order Granting Interim Relief From Arrest To Govt Counsel Accused Of Sexually Harassing Young Lawyer[Rape Case Against UP Govt Counsel] SC Issues Notice On Plea Seeking CBI Investigation & Transfer Of Case From UP 6) People Are Taking Covid-19 Directives 'Casually' On Account Of Unlock-4: Allahabad HC Issues Slew Of Directions To Prevent Transmission [In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive Respondent] In view of notification and enforcement of Unlock 4 Guidelines from September 1 onwards, the Allahabad High Court has expressed concern over wider spread of COVID-19 infection as people would go out. To prevent the same, the Division Bench comprising Justices Siddhartha Varma and Ajit Kumar have issued a slew of directions, including use of CCTV cameras...

High Courts Weekly Roundup

Akshita Saxena

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