High Courts Weekly Roundup

Week Commencing From October 19, 2020 Till October 25, 2020 Allahabad High Court 1. The Technology Is Being Misused To Commit The Offence, Particularly Against Women: Allahabad HC [Afroz Khan v. State of UP & Anr.] The Bench of Justice Dinesh Kumar Singh expressed concern that technology is being misused to commit the offence, particularly against women. The Court was hearing a case where the accused-applicant obtained the mobile number of the prosecutrix and started sending dirty and obscene messages to the prosecutrix. He hacked her Instagram and snap-chat etc. He had sent obscene and objectionable messages from the Instagram and snap-chat of the prosecutrix to other students/boys. 2. 'Municipalities Are Supposed To Perform Functions & Implement Schemes As May Be Entrusted To Them': Allahabad HC Pulls Up Varanasi Authorities [Dhyanesh Bhattacharya & Ors. v. State of UP & Ors.] "As per Article 243W of the Constitution of India, municipalities are supposed to perform functions and are required to implement schemes as may be entrusted to them, including those in relation to the matters listed in the Twelfth Schedule," the Division Bench comprising of Chief Justice Govind Mathur and Justice Siddhartha Varma said. It thus pulled up the Municipal Authorities of Varanasi, after it was informed that the local self-Government had failed in its duties vis-a-vis public health, sanitation conservancy and solid waste management. 3. Allahabad HC Grants Bail To Journalist Prashant Kanojia [Prashant Kanojia v. State of UP] "The submission as regards the quantum of punishment or entitlement of the accused applicant to be released on bail could not be disputed on any tangible ground," the Bench of Justice Attau Rahman Masoodi held while granting bail to freelance journalist Prashant Kanojia who was arrested 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. The Court was also assured by the journalist that he shall not indulge in the act of posting tweets which may hurt the sentiments of the public at large or any specific group. 4. Govt. Cannot Effect Merger Of Feeding Cadre To Higher Cadre In Violation Of Service Rules: Allahabad HC [Vijay Kishore & Ors. v. State of UP & Ors.] The Bench of Justice Manish Kumar held that the government cannot effect the merger of the feeding cadre to the higher cadre if not envisaged under the Service Rules, and that an amendment, even if having retrospective effect, would not adversely affect the rights accrued to the employees under the Rules as existed. "The Rules 1980 have been amended namely the U.P. Transport Taxation (Subordinate) Service (First Amendment) Rules 2018. Rule (1) (c) specifically provides that the rules have come into force at once that is w.e.f. since 5.3.2018. It has no retrospective effect. The intention of the legislature was not to make this rule retrospective. The inclusion of the respondents and similarly situated persons in the impugned seniority list is bad in the eyes of law", the Court noted. 5. [Covid-19] Allahabad HC Orders Constant Police Surveillance On All Roads To Ensure People Wear Masks [In-Re Inhuman Condition At Quarantine Centres…] A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar ordered the UP Government to constitute a Task Force to check that people moving out and about wear masks. It has also ordered that there should be constant surveillance of the police on all roads, from at least 07:00 AM to 10:00 PM. To read further instructions, access Full Report. 6. Allahabad HC Reprimands Gang-Rape Victim's Mother For False Affidavit Alleging Detention Of Daughter By Local Police [Raj Kumari v. State of UP & Ors.] The bench of Justices Shashi Kant Gupta and Pankaj Bhatia reprimanded the mother of a gang-rape for falsely alleging the detention of her daughter by the local police. "The affidavit filed by the mother of the victim girl appears to be false. The mother of the girl (victim) appears to be a poor, illiterate, helpless villager, as such, we do not propose to proceed against her for filing a false affidavit but we warn her against recurrence of similar conduct in future," observed the Bench. Related Order: Allahabad HC Demands Production Of Gang-Rape Victim Allegedly Detained In Police Station, A Day After State Police Pulled Up For FIR Delay 7. Allahabad High Court Seeks Notification Of Rules For Appointment Of E-Court Employees Within 3 Weeks [Ajay Singh & Ors. v. State of UP & Ors.] The Single Bench of Justice Manish Kumar directed the State Government to notify the Rules for appointment of e-Court employees in the High Court, within three weeks, failing which the Principal Secretary (Law)/Legal Remembrance shall appear in person before the Court. The Court asked the...

High Courts Weekly Roundup

Akshita Saxena

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