High Courts Weekly Roundup

Week Commencing From October 5, 2020 Till October 11, 2020 Allahabad High Court 1. Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention Of Hathras Victim's Family; Grants Liberty To Move SC [Om Prakash & Ors. v. State of UP & Ors.] The Bench of Justices Pritinker Diwaker and Prakash Padia dismissed the habeas corpus writ petition filed on behalf of the Hathras victim's family against alleged illegal detention by the UP Government. The Court observed that the Supreme Court is already seized with this matter in Satyama Dubey & Ors. v. Union of India & Ors. and thus, it shall not be proper for the High Court to entertain this petition. The Bench further clarified that if the family has any grievance, then they shall be at liberty to file appropriate petition/ application before the Supreme Court. The order has come in a habeas corpus writ petition allegedly filed on behalf of the victim's family, stating that the family has been prevented from even meeting or communicating freely, thereby violating their Fundamental Right to freedom of speech and expression as well as the right to receive information under Article 19(1)(a) of the Constitution. Also Read: 'Orchestrated Efforts To Malign The Image Of Government': UP Govt Asks SC To Order CBI Investigation In Hathras Case Also Read: Hathras Case: SC Asks UP Govt. To File Witness Protection Plan; Seeks Suggestions From Parties For Enlarging Scope Of Allahabad HC Proceedings Also Read: 'Hathrass Not Only In State Of UP But Also In Jharkhand': HC Orders Appointment Of SIT As Police Displays Lax In Investigating 15-Yr-Old Burnt Victim Case 2. Allahabad HC Orders Status Quo In Google's Plea Against Ex-Parte Injunction Order Restraining Publication Of ED Proceedings Against UPSIDC Engineer [Google LLC v. Arun Kumar Mishra & Anr.] The Single Bench of Justice Mahesh Chandra Tripathi granted interim relief to Google while ordering status quo in a writ petition against an ex-parte order of the Civil Judge, restraining the company from running or displaying news and YouTube video links relating to proceedings initiated by Enforcement Directorate against an Engineer of UPSIDC. The Company had argued that a permanent injunction, a mandatory injunction and cost in favour of the Respondent was passed by the Civil Judge whereas summons were never served upon Google, and no opportunity of hearing was granted to them. 3. "Rights Under Articles 19(1) And 25 Denied Without Any Reasons": Allahabad HC Allows The Majlis In Waqaf Imambada Masjid [Waqf Imambada Masjid Meer Imam Ali Mehdi Begum v. State of UP & Ors.] The Bench of Justices Shashi Kant Gupta and Pankaj Bhatia granted permission for performing a Majlis (religious congregation) at the Waqaf Imambada Masjid, subject to Unlock-4 guidelines and ensuring social distancing norms. It observed, "The mandate of article 19 is only subject to Article 19(2) in respect of the rights guaranteed under Article 19(1) and the rights guaranteed under Article 25 are subject to public order, morality and health, none of the conditions are present enabling the State to deny the rights of the petitioner to hold the Majlis, thus we have no hesitation in holding that the action of the State in not allowing the holding of the Majlis, that too without any orders being passed, is clearly arbitrary and without any authority of law." Also Read: Allahabad HC Disposes Plea Seeking Permission For Organizing Durga Puja With Direction To Approach DM 4. [Counterfeiting Currency Notes] 'The Crime Can Disrupt The Economy Of The Country', Allahabad HC Junks A Pre-Arrest Bail Plea [Sameer Khan v. State of UP] The Single Bench of Justice Rajeev Misra rejected an Anticipatory Bail application filed in connection with a case registered against counterfeiting currency while holding that " the crime alleged to have been committed by the present applicant is an economic offence, which can disrupt the economy of the country. Therefore, the crime alleged to have been committed by the present applicant along with other co-accused is a crime against society." 5. 'Matter Requires Investigation': Allahabad HC Refuses To Quash FIR Against Skoda Auto Volkswagen For Installing 'Cheat Devices' In Its Vehicles [Skoda Auto Volkswagen India Pvt. Ltd v. State of UP & Ors.] The Bench of Justices B. Amit Sthalekar and Shekhar Kumar Yadav refused to quash an FIR registered against Skoda Auto Volkswagen, in connection to the alleged installation of "cheat devices" in its vehicles to show lower emissions, while holding that whether or not the company's vehicles satisfy BS-IV norms is a matter of investigation. 6. Officers Becoming Habitual And Not Complying With The Court's Orders At The First Instance; A Sorry State of Affairs: Allahabad HC [Usha Singh v. Shatrughan Sing & Anr.] The Bench of Justice Vivek Kumar Birla expressed displeasure with the ...

High Courts Weekly Roundup

Akshita Saxena

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