High Courts Weekly Roundup

Week Commencing From October 12, 2020 Till October 18, 2020 Allahabad High Court 1. Hathras Victim Was At Least Entitled To Decent Cremation; State Action Infringed Her Human Rights: Allahabad HC [Suo-Moto Inre: Right To Decent & Dignified Last Rites/Cremation] Dissatisfied with the reasons given by the UP administration for hasty cremation of the body of 19-year old Dalit woman in the Hathras gangrape and murder case, the Lucknow Bench of the Allahabad High Court expressed its displeasure on the entire incident and deprecated the local authorities for violating the victim and her family's human and fundamental rights. "India is a country which follows the religion of humanity, where each one of us are supposed to respect each other in life and in death. However, the above facts and circumstances, as of now, ex facie, reveal that the decision to cremate the victim in the night without handing over the body to the family members or their consent was taken jointly by the administration at the local level and was implemented on the orders of the District Magistrate, Hathras. This action of the State Authorities, though in the name of law and order situation, is prima facie an infringement upon the human rights of the victim and her family," the Bench of Justices Pankaj Mithal and Rajan Roy observed. The Court directed the Additional Chief Secretary (Home) to come out with a draft policy by the next date of hearing, so that proper guidelines in that regard may be laid to avoid incidents of this kind in future. Also Read: 'Aware Of 2013 Amendment?' : Allahabad HC Asks UP ADGP Who Denied Rape In Hathras Case Also Read: 'Not Allowed To See Her Face For Last Time' : Hathras Victim's Family Break Down Before Allahabad HC Also Read: Would You Have Burnt Body If Victim's Family Was Well-to-Do? Allahabad HC Asks Hathras DM 2. "How It Is Possible For Fair Price Shop Dealer To Change Aadhaar Number In The Database Which Is Accessible Only To NIC , Asks Allahabad HC [Awadhesh Kumar v. State of UP] The Single Bench of Justice Manoj Kumar Gupta enquired how it is possible for a fair price shop dealer to change the Aadhaar number in the data base which is accessible only to the National Informatics Centre (NIC). The Court asked the Principal Secretary, Food & Civil Supply Department, of the UP Government to file a personal affidavit and explain how a private individual could manipulate the data maintained by a Central authority. 3. Allahabad HC Says Disqualification Of Ex-MLA Azam Khan Not A Judgment Of Public Nature; Grants Bail In Criminal Case For Filing Fake Affidavit In Assembly Elections [Mohd. Abdullah Azam Khan v. State of UP] held that its verdict disqualifying Mohd. Abdullah Azam Khan from the membership of the State Legislative Assembly for falsifying his age in the affidavit, is not a "judgment of public nature" conclusive for the purpose of consideration of bail application in the criminal case arising out of such falsification. (Section 41 of the Evidence Act contemplates Judgments in-rem (regarding status of a person are effective against everybody while judgment), whereas Section 42 contemplated Judgments in-personem (binds only parties and not relevant in any case of subsequent proceedings)) 4. Non-Function Of JJ Boards Against Mandate Of A. 15(3) & UNCRC: Allahabad HC Directs State Govt. To Fill Vacancies At least 6 Months Prior To Falling Due [Ishwari Prasad Tiwari v. State of UP & Ors.] Reiterating that non-function of the Juvenile Justice Boards is clearly against the mandate of Article 15(3) and against the solemn promise made in the form of ratification of the United Nations Convention on the Rights of Children treaty, the Bench of Justices Shashi Kant Gupta and Pankaj Bhatia observed that in the future, the State Government should ensure that the vacancies are expeditiously filled up and steps for filling the vacancies be taken at least six months prior to the date of the vacancy falling due. 5. Covid-19: Allahabad HC Asks DGP To Prepare A 'Definite Modus Operandi' To Ensure Social Distancing, 100% People Wear Masks [In-Re Inhuman Condition At Quarantine Centres…] On being informed that despite constant directions people are not taking seriously the wearing of masks, the Bench comprising of Justices Siddhartha Varma and Ajit Kumar asked the Director General of Police to file a personal affidavit, indicating a "definite modus operandi" by which he proposes to ensure compliance. 6. Allahabad HC Orders Govt Not To Demolish Properties Till Expiry Of Period To File An Appeal/ Disposal Of Appeal [Abbas Ansari & Anr. v. State of UP & Ors.] A Bench comprising of Justices Shashi Kant Gupta and Pankaj Bhatia directed the state authorities, not to undertake demolition activities until expiry of the period for filing an appeal against the demolition order, or in case where an appeal has been ...

High Courts Weekly Roundup

Akshita Saxena

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