High Courts Weekly Roundup

Week Commencing From September 21, 2020 Till September 27, 2020Allahabad High Court 1. Allahabad HC Seeks UP Govt.'s Response In Journalist Prashant Kanojia's Bail Plea [Prashant Kanojia v. State of UP] The Bench of Justice Dinesh Kumar Singh granted four weeks' time to the State Government to file its reply in the regular bail plea moved by freelance journalist Prashant Kanojia, in connection to a FIR lodged against him allegedly for making social media posts that have the potential to promote enmity between two or more communities/groups. It is alleged that Kanojia had posted pictures of the President of India, the Prime Minister and UP CM Yogi Adityanath on his Twitter account, accompanied by objectionable comments. It was further alleged that he also made comments against the Dalit community, and his posts were intended to incite caste and religious sentiments among the citizens of the country for inciting violence. 2. [Missing BHU Student] 'Searching Student Sincerely; Departmental Action Taken Against Erring Officers', Varanasi SSP Tells Allahabad HC [Saurabh Tiwari v. State of UP] SSP, Varanasi informed the Bench of Justice Pritinker Diwaker and Justice Subhash Chandra Sharma that a special team has already been constituted and efforts are on to search the missing BHU Student, namely, Shiv Kumar Trivedi. Allegedly, Trivedi was picked up by certain police personnel from the M.P. Theatre ground, BHU on the said date and was taken to the Police Station Lanka, District Varanasi. Ever since there has been no sign of the student. His father made several complaints to senior police officials of Varanasi, registered IGRS complaints, etc. but in vain. 3. Allahabad HC Issues Notice To State On PIL For Release Of Aged Prisoners/Inmates With Comorbidities. Expeditious Disposal Of Bail, Parole Pleas [Man Mohan Mishra v. Allahabad HC & Ors.] The Bench of Justice Pritinker Diwakar and Justice Subhash Chandra Sharma issued notice to the state government and asked it to submit its written reply in response to a PIL regarding decongestion of the prisons in the state of Uttar Pradesh in the light of growing Coronavirus cases in the prisons. The plea seeks a direction to the Department of Prison Administration, Government of Uttar Pradesh, and the Uttar Pradesh High Powered Committee consider the release of prisoners who are above the age of 65 years old or suffering from co morbidities in view of the Guidelines issued by the Ministry of Home Affairs on 29.07.2020. 4. "No Person Should be Seen Outside his/ her House Without Mask on Face": Orders Allahabad HC Saying 'If Action Not Taken Today, We Won't Be Able To Face Our Progenies' [In-Re Inhuman Condition At Quarantine Centres…] The Division Bench of Justice Siddhartha Verma and Justice Ajit Kumar issued a writ of mandamus for the whole of the State of Uttar Pradesh that "no person should be seen outside his/ her house without a mask on his/her face and he or she should check that the mask covers both the nose and the mouth." The Court heard the following five issues and issued a slew of directions: Encroachment of public land and the menace of parking;Discharge of function by the Town Vending Committee;Disposal of used masks;Public wearing of masks; andFurther medical facility during COVID-19. Read full report to access the directions. Bombay High Court 1. PIL Seeks Formulation of Guidelines For Protection Of Medical Professionals & Institutions From Violence In Case Of Medical Accidents; Bombay HC Seeks State's Reply [Dr. Rajeev Digambar Joshi v. Government of Maharashtra & Ors.] Calling it a concern of seminal importance, the Division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni issued notice to the State and sought a reply within two weeks, in the PIL seeking directions for formulation of guidelines for protection of medical professionals and medical institutions from violence and attacks in case of medical accidents etc. "A concern of seminal importance is raised in this PIL petition. The concern relates to alleged non-implementation of the provisions of the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2010 as well as the amendments introduced in the Epidemic Disease Act, 1897," the Court said. 2. [Breaking] There Is No Material To Prove that Tablighi Jamaat Members Indulged in Activities Which Are Likely To Spread COVID: Bombay HC [HLA Shwe & Ors. v. State of Maharashtra] The Bench of Justice VM Deshpande and Justice Amit B. Borkar quashed the FIR and the charge sheet filed against 8 Myanmar Nationals (booked for 'Tablighi activities') while observing that "allowing the prosecution to continue would be nothing but an abuse of the process of the Court, especially because of lack of evidence supporting the charges...

High Courts Weekly Roundup

Akshita Saxena

Tags