High Courts Weekly Roundup [May 10, 2021 To May 16, 2021]

Allahabad High Court 1. Allahabad High Court Says Compensation Must Be At Least ₹ One Crore For Death Of Polling Officers Due To COVID During Election Duty [In- Re Inhuman Condition At Quarantine Centres…] A Division Bench of Justices Siddhartha Varma and Ajit Kumar observed that the State must grant at least Rs. 1 crore as ex-gratia compensation to the families of polling officers who died due to COVID-19 while after the UP Panchayat polls. "It is not a case that somebody volunteered to render his/ her services during election but it was all made obligatory to those assigned with election duty to perform their duties during election even while they showed their reluctance," it observed. It further noted that the State Government as well as State Election Commission were well aware of the threat of pandemic and yet the teachers, investigators and Shiksha Mitras were forced to take risk. 2. Election Commission, Higher Courts & Govt. Failed To Fathom Disastrous Consequences Of Permitting Elections Amid Covid19: Allahabad High Court [Prateek Jain v. State of UP & Ors.] "The Election Commission, the Higher Courts and the Government failed to fathom the disastrous consequences of permitting the elections in few States and the Panchayat elections in the State of Uttar Pradesh," said a Single Bench of Justice Siddhartha. It observed that due such short-sightedness, there has been a spike in Covid-19 cases in the State and the deadly virus, which had not reached the village population in its first wave has now spread to the villages. Also Read: Allahabad High Court Issues Show Cause Notice To State Election Commission Over Death Of 135 Panchayat Election Duty Staff Due To Covid19 Also Read: "UP Govt. Went Complacent Due To Weakening Of COVID Virus Impact By End Of 2020, Posterity Will Not Forgive Us If We Let People Die": Allahabad High Court 3. Apprehension Of Death On Account Of Covid19 Pandemic Is A Valid Ground For Grant Of Anticipatory Bail: Allahabad High Court [Prateek Jain v. State of UP & Ors.] In a very important decision concerning the right to life of persons accused of committing a criminal offence, a Single Bench of Justice Siddharth observed that apprehension of death on account of reasons like the present pandemic is a valid ground for grant of anticipatory bail. The order has been passed in view the inadequate medical facilities in the State, that may leave the accused persons unprotected from the threat to their life on account of arrest as per the normal procedure applicable in normal times. The Bench observed that the established parameters for grant of anticipatory bail like the nature and gravity of accusation, the criminal antecedent of the applicant, the possibility of fleeing from justice and whether accusation has been made for injuring and humiliating the applicant by getting him arrested have now lost significance on account of present situation of the country and the State on account of spread of second wave of novel corona virus. 4. 'District Judiciary Should Restrain From Passing Orders That May Bring Disrepute': Allahabad High Court Stays FIR Against CMO Running Covid Vaccination Service [Dr. Hargovind Singh v. State of UP & Ors.] A Division Bench of Justices Dr. Kaushal Jayendra Thaker and Ajit Singh stayed an FIR lodged against a Chief Medical Officer, who is running vaccination services, at the instance of a Judicial Officer, for allegedly issuing a false medical certificate. It urged all the judges of the District Courts throughout the State of to be "more careful" and restrain themselves from passing such orders which may bring disrepute to the judicial system in the State more particularly during the ongoing period of pandemic. The Division Bench found the Trial Court's action to be perverse on two counts: (i) The Trial Judge, without any basis, declared the medical report to be false; (ii) The Trial Judge's insistence on personal appearance of the MLA was in teeth of High Court's advisory in view of the pandemic. 5. Allahabad High Court Constitutes Committee To Enquire Treatment Given To Justice V. K. Srivastava Who Succumbed To COVID [In-Re Inhuman Condition At Quarantine Centres…] A Division Bench of Justices Siddhartha Varma and Ajit Kumar constituted a Fact-finding committee to conduct an enquiry into the treatment administered to late Justice Virendra Kumar Srivastava, who succumbed to the COVID-19 virus last month, and submit the report to the Court within two weeks. Earlier, on May 4, the Allahabad High Court had sought a response from the State health authorities about the treatment that was given to Justice V.K. Srivastava. On May 11, the Court perused the report filed by the State Government and noted that Justice Srivastava was admitted to the hospital as he was having fever for the last five days and breathlessness for one day with no...

High Courts Weekly Roundup [May 10, 2021 To May 16, 2021]

Akshita Saxena

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