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High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]
LIVELAW NEWS NETWORK
27 Dec 2021 4:34 AM GMT
![High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]](https://www.livelaw.in/h-upload/2021/05/09/750x450_393154-high-courts-weekly-roundup-1.jpg "High Courts Weekly Roundup [December 20, 2021 To December 26, 2021]")
Allahabad High CourtAllahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites [In Re - Regular Publication of All The Enactments of The State Legislature, as well as Rules, framed]The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites....
Allahabad High Court
Allahabad High Court Directs UP Govt To Regularly Update State Enactments, Amendments On Official Websites [In Re - Regular Publication of All The Enactments of The State Legislature, as well as Rules, framed]
The High Court called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, on its official websites. The bench of Chief Justice Rajesh Bindal and Justice Piyush Agrawal, while hearing a suo moto matter [In Re - Regular Publication of All The Enactments of The State Legislature, as well as Rules, framed] actually visited two different websites, i.e., "Indiacode.nic.in" and "upvidhai.gov.in" and found that state enactments had not been updated on the website.
"Magistrate Didn't Apply Judicious Mind": Allahabad HC Orders Clubbing Of 3 Charge Sheets Filed Against CAA-NRC Protestor [Shamshad Ahmad v. State Of U.P. Thru. Prin. Secy. Home. Lko & Another]
The High Court ordered clubbing of the 3 Charge Sheets filed by the Uttar Pradesh Police against a CAA-NRC Protestor alleging his involvement with regard to more or less similar incidents. The Bench of Justice Rajesh Singh Chauhan observed that after taking cognizance of the first Charge Sheet, the Magistrate should have asked the Investigating Agency as to why, after carrying out separate investigation in all the three, more or less similar incidents, three separate charge-sheets have been filed therein.
Transparency Must In Management Of Educational Institutions Run By Charitable, Religious Organizations: Allahabad High Court [Bishoph Subodh C. Mondal v. State of Uttar Pradesh & Ors.]
While dealing with a plea that alleged that the affairs of the Lucknow Christian College, Lucknow are wholly mismanaged, the Allahabad High Court recently observed that the affairs of the educational institutions, particularly, run by the charitable/religious organizations, such as the church and the society, should be conducted in a proper and transparent manner. Essentially, the Bench of Justice Dinesh Kumar Singh was dealing with a plea filed by Bishop Subodh C. Mondal wherein it was alleged that the Properties of the church/society have been sold off by the persons, who have been/are at the hem of the affairs of the society.
It was also submitted that there are a number of litigations, which are pending before the Deputy Registrar, Chits, Firms and Societies, Civil Court, and the High Court regarding mismanagement of affairs of the society (Lucknow Christian College).
How Many Persons Fraudulently Getting Pension Meant For Political Prisoners Of 1975-Emergency Era: Allahabad HC Asks UP Govt Reply [Ashok Kumar Shamsa and others v. State of U P and others]
The High Court has asked the State of Uttar Pradesh to specify as to how many persons are getting pensions fraudulently by showing themselves to be detained as political prisoners during the period when national emergency was invoked in the Country (June 25, 1975, to March 21, 1977).
Essentially, the Bench of Chief Justice Rajesh Bindal and Justice Piyush Agarwal was dealing with a Public Interest Litigation (PIL) plea filed by the President of Pilibhit's Loktantra Rakshak Senani Sangathan, Ashok Kumar Shamsa who has claimed before the Court that many persons are fraudulently receiving monthly pension actually meant for political prisoners of the emergency era.
The High Court issued a notice to the Uttar Pradesh Government and sought its counter affidavit on a plea filed against the alleged disputed statements of former Shia Waqf Board chairman Wasim Rizvi (now known as Jitendra Narayan Singh Tyagi). Importantly, the plea before the Allahabad High Court seeks a direction to restrain Rizvi (now known as Jitendra Narayan Singh Tyagi) from giving disputed religious statements in social media or electronic media. The plea also seeks a direction to restrain him from raising questions on/against Prophet Mohammad and Holy Book Quran.
Kasganj Custodial Death: Allahabad HC Seeks SP's Reply On Plea Filed By Altaf's Father Seeking CBI Probe, 1 Crore Compensation [Chand Miyan v. the State Of Up And 5 Others]
The High Court sought the response of Superintendent of Police, Kasganj within ten days on the plea filed by the father of Kasganj Custodial Death victim, Altaf. The plea has been moved by Chand Miyan (father of the Victim) seeking a CBI probe into the matter wherein it has been claimed by the Uttar Pradesh Police that Altaf died by suicide by tying himself to a 2 to 3 feet pipe.The petitioner has, in the alternative sought direction for the constitution of a Court Monitored Special Investigation Team (SIT) to take over the investigation in the Case and to proceed against all the concerned police officers and other persons who are found to be involved in the matter. The petitioner has also sought a compensation of Rupees One Crore as the state failed to prevent the custodial death of the petitioner's son.
"FIR U/S 411, 413 IPC Malafide": Allahabad HC Stays Arrest Of 2 Journalists Who Posted About Cop's Misconduct On Social Media [Smt. Deepmala Dubey & Anr. v. State Of U.P.Thru.Prin.Secy.Home,Lucknow & Ors]
The High Court stayed the arrest of 2 Journalists booked under sections 411 and 413 of IPC by making a prima-facie observation that the impugned First Information Report is malafide. Essentially, the Court was dealing with the plea of two journalists working with Pranam Mamrabhumi Hindi Newspaper, against whom a First Information Report has been lodged for 'Dishonestly receiving stolen property (Section 411) and for 'Habitually dealing in stolen property (Section 413).
Preventive Detention Powers Shouldn't Be Exercised Sans Possibility Of Person Being Released From Custody: Allahabad HC Quashes NSA Detention [Abhayraj Gupta v. Superintendent, Central Jail, Bareilly]
The High Court quashed a detention order passed against a murder accused by exercising powers under the National Security Act, 1980 as it observed that if a person is in custody and there is no imminent possibility of his being released, the power of preventive detention should not be exercised.
The Bench of Justice Mahesh Chandra Tripathi and Justice Subhash Vidyarthi with the habeas corpus plea of one Abhay Raj Gupta, who is presently in custody in Central Jail, Bareilly, filed through his mother, challenging his detention order dated January 23, 2021.
Other Developments:
Bombay High Court
'Reasonable Restriction': Bombay HC Upholds COVID Test Mandate For Employees Refusing Vaccination [Deepak Kumar Radheshyam Khurana v. Mumbai Port Trust & Ors.]
The High Court has upheld a circular issued by the Mumbai Port Trust (MPT) mandating RT-PCR tests every 10 days for unvaccinated employees. The Court held the test mandate was a reasonable restriction on their fundamental rights. The court observed that those avoiding the covid jab are placing themselves at a higher risk of contracting and transmitting the virus.
"While the Petitioners' decision not to take the vaccination is well respected, that does not mean that they are ipso facto entitled to the same treatment as that given to vaccinated persons by the MPT," the bench observed.
'Connected Questions Would Arise': Bombay HC Says Domestic Violence Case Can Be Transferred To Family Court To Be Heard With Divorce Case [Anirudh Ajaykumar Garg v. State of Maharashtra]
The High Court has allowed a husband's application to transfer the Domestic Violence case filed against him by his wife from a Metropolitan court to the Family court, saying that both the cases would essentially give rise to "common and connected questions."
Justice CV Bhadang, in an order passed last week, also rejected various other contentions raised by the wife – including that her case against the husband and in-laws for not honouring the Metropolitan court's order in the DV case needed to be heard by the same court which was hearing the DV case.
Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court
Mere refusal to marry a woman after a long relationship would not constitute the offence of 'cheating' under section 417 of the Indian Penal Code if there is no evidence of fraudulent misrepresentation of promise of marriage for sex, the Bombay High Court held. Justice Anuja Prabhudessai observed that in the instance case the couple had indulged in sexual relations for over three years; the woman's testimony did not indicate that she was under a misconception of a promise of marriage nor was there evidence to show the man didn't intend to marry her since the very beginning.
The High Court refused a request by eight accused in the Bhima Koregaon – Elgar Parishad Case for substantial factual corrections to the HC's order denying them bail. Through a precipice (application) for "speaking to minutes", the accused claimed that just like Sudha Bharadwaj, who was granted bail, they had also filed their default bail pleas in the stipulated time.
A speaking to minutes is a way of seeking minor factual modifications, corrections or typographical errors in an order that has already been passed.
Real Justice Needed For The Helpless - Bombay High Court Roots For Lok Adalats To Clear Huge Backlog Of Railway Claims And Appeals [Sangeeta v. Union of India]
The High Court has sought constitution of Lok Adalats across various zones of the Railway Claims Tribunal (RCT) to clear the huge pendency of cases before those tribunals with a view that "Justice in real sense is imparted to helpless and hapless litigants."
While passing the order on December 23, Justice Prithviraj Chavan, observed, "It is of common knowledge that most of the victims/deaths in the railway accident are mainly from socially disadvantageous strata of the society having economically weak background."
Other Developments:
Maharashtra Bandh : Bombay High Court Seeks State Govt Response On Plea For Compensation
Bombay High Court Refuses Bail To Armaan Kohli In Narcotics Case
Calcutta High Court
"Scheme A Reform In Targeted Public Distribution System": Calcutta High Court Upholds Vires Of State Govt's 'Duare Ration Scheme' [Seikh Abdul Majed & Ors v. State of West Bengal & Ors.]
In a significant judgment, the High Court upheld the vires of the ambitious meal scheme of the West Bengal Government, the Duare Ration Scheme which essentially seeks to ensure doorstep delivery of essential food items. The words "Duare Ration" in Bengali translate to "ration at the doorstep" in English. Noting that the scheme could be seen as a step in the direction to help ordinary ration card holders to tide over the difficulties in the wake of the pandemic, the Bench of Justice Moushumi Bhattacharya observed thus:
"...the Duare Ration Scheme may be perceived as a reform in the targeted public distribution system and a welfare scheme formulated for reaching food and nutritional security as a necessity-driven measure to tide over the extant existential challenge."
Kolkata Municipal Polls: Calcutta High Court Reserves Orders In Petitions By CPI(M) Candidates Seeking Repoll Over Alleged Violence [Debolina Sarkar v. WB State Election Commission; Faiyaz Ahmad Khan v. WB State Election Commission]
The High Court reserved orders in two petitions filed by CPI(M) candidates alleging that booths were captured, votes were rigged and large-scale violence had taken place in the recently concluded Kolkata Municipal polls which took place on December 19. The petitions had been filed by CPI(M) candidate Debolina Sarkar (from ward number 2) and Faiyaz Ahmed Khan (from ward number 75).
A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj heard the counsels at length and reserved orders in the matter. The Chief Justice remarked, "We will not be closing the petition, we will upload the order in a day or two on the website". He further stated that the Bench will not be assembling for the issuance of the order due to the upcoming vacation. Accordingly, the matter has been listed for further hearing on January 6.
Other Developments: 20% Reduction In Private School Fees To Continue Only Till March 15, 2022: Calcutta High Court
Delhi High Court
Delhi HC Orders Removal Of Illegally Constructed Temple On Public Land, Placement Of Idols In Nearby Temple To Maintain Their Sanctity [SH. VIRAHT SAHNI THROUGH HIS POWER OF ATTORNEY HOLDER & ANR. v. GOVERNMENT OF NCT OF DELHI & ANR.]
The Delhi High Court directed the Delhi Government to remove a temple, alleged to beillegally constructed on a public land in city's Defence Colony area, within a period of ten days. Justice Rekha Palli was hearing a plea moved by one Viraht Saini being aggrieved by the alleged encroachment present in front of his private property, thereby seeking its removal. The plea stated that during the Covid-19 pandemic, the structure was illegally constructed on a footpath, being a public land, present in front of his private property.
Negotiable Instruments Act Being Penal Statute Should Receive Strict Construction: Delhi High Court [R. VIJAY KUMAR v. M/S IFCI FACTORS LIMITED & ORS.]
The High Court has observed that the Negotiable Instruments Act, 1881 should receive strict construction for the reason of being a penal statute. Justice Manoj Kumar Ohri also observed that specific averments in a criminal complaint which satisfies the requirements of sec. 141 of the Act are imperative in nature. Section 141 of the Negotiable Instruments Act talks about the offences by companies. It states that "if a person committing an offence under sec. 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly."
Delhi High Court Upholds Conviction U/S 377 IPC; Sets Out Ingredients Of 'Carnal Intercourse Against Order Of Nature' [Kamal v. State]
The High Court has observed that any physical act answering to all the ingredients below committed upon a minor is per-se 'carnal intercourse against the order of nature' appearing in section 377 of IPC: i. it must have to do with flesh and sensuality, namely it must be carnal; ii. there must be intercourse between individuals, without restricting it only to human-to-human intercourse; iii. it must involve penetration other than penile-vaginal penetration, since by the very nature, intent and purpose of section 377, it must refer to an unnatural act, such as 'penile-anal penetration', 'digital penetration' or 'object penetration'.
Wife Being Capable Of Earning No Ground To Deny Her Interim Maintenance, Many Time Wives Sacrifice Their Career Only For Family: Delhi High Court [COL RAMNESH PAL SINGH v. SUGANDHI AGGARWAL]
The High Court has observed that the fact that a wife is capable of earning is no ground to deny interim maintenance to her opining that many time wives sacrifice their career only for the family. Justice Subramonium Prasad also observed that the object of sec. 125 Cr.P.C is to bring down the agony and financial suffering of a women who leave her matrimonial home so that some arrangements could be made to enable her to sustain herself and her child.
'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days [RAJ KUMAR CHAURASIA v. STATE ( GOVT/ OF NCT OF DELHI) & ORS.]
Noting that it was a conscious decision, the Delhi High Court has quashed FIR against a man who had married a girl aged 17 years 11 months & 12 days i.e. one month before attaining the age of majority. The girl claimed to have married out of her own wish.
The FIR was registered on the basis of a complaint filed by the girl's mother.
"K" was on the verge of attaining majority and it cannot be said that she was incapable of knowing as to what is good and what is bad for her. She desired to get married to the petitioner and went to the petitioner and expressed her desire and persuaded the petitioner to take her with him and get married. Therefore, in the facts of this case, there was no inducement by the petitioner," Justice Subramonium Prasad said.
Maintenance Order U/S 125 CrPC May Be Enforced In Any Place Where Person Against Whom It Is Made May Be; Residence Not Material: Delhi HC [ASHA DEVI & ORS v. MUNESHWAR SINGH @ MUNNA]
The High Court has observed that the presence of a person at preferred jurisdiction at the time of application for maintenance against him under Section 125 of the Code of Criminal Procedure would be a material fact for execution of the said order of maintenance. Justice Chandra Dhari Singh added that Section 128 of the Code which contemplates procedure for enforcement of order of maintenance, use the words 'where the person against whom it is made may be' and not where he is residing or where his permanent property is.
Delhi High Court Calls For Uniform Practice To Be Followed By Labour Courts For Deciding Inquiry Related Issue As Preliminary Issue [SECURITRANS INDIA (P) LTD. v. SHRI MANOJ PRASAD]
The High Court has called for a uniform practice to be followed by the Labour Courts in respect of deciding the inquiry related issue as a preliminary issue. Justice Pratibha M Singh was of the view that the normal procedure which ought to be adopted by Labour Courts is to first decide the validity of the domestic inquiry as a preliminary issue. The Court added that in case the the said issue is decided against the Management, the Management is then to be afforded an opportunity to lead tue evidence supporting termination of the Workmen before the Labour Court.
Delhi High Court Rejects Suit Against Waseem Rizvi's Book 'Muhammad' For Allegedly Making Incendiary Statements Against Islam & Prophet Mohammed [QAMAR HASNAIN v. SYED WASEEM RIZVI & ORS]
The High Court has rejected a suit filed against Syed Waseem Rizvi's Book 'Muhammad' alleging that it contained various demeaning and incendiary statements about Islam, Holy Quran and Prophet Mohammed. Justice Sanjeev Narula dismissed the suit filed by Qamar Hasnain which had sought permanent injunction restraining Rizvi from making statements or publishing the impugned remarks. It also sought permanent injunction restraining Rizvi from selling distributing or circulating the book through any medium.
The High Court has expressed its unhappiness over the orders passed by the Family Courts by remarking that "complete lack of sensitivity and maturity" is shown by the presiding judges.
"We are repeatedly coming across orders passed by the Family Courts which exhibit complete lack of sensitivity and maturity by the Presiding Judges. We have been repeatedly saying that Courts are meant to aid and assist the litigants, and come to their rescue at every given opportunity. Courts are meant to impart justice and to alleviate discord, disputes, troubles of the general public," Justice Vipin Sanghi and Justice Jasmeet Singh said.
False Declaration About Candidate's Educational Qualification Can Be Brought Under Sec 123(4) Representation Of People Act: Delhi High Court [YOGENDER CHANDOLIA v. VISHESH RAVI & ORS.]
The High Court has held that a false declaration made by a candidate qua educational qualification can be brought within the four corners of sec. 123(4) of Representation of People Act, 1951.
Sec 123(4) of the Act states "The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent,, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
"Failure On Wife's Part To Disclose Her Mental Disorder Before Her Marriage Constituted Fraud On Husband": Delhi HC Annuls Marriage After 16 Yrs [SANDEEP AGGARWAL v. PRIYANKA AGGARWAL]
The High Court annulled marriage between a husband and wife after 16 years observing that the failure on wife's part to disclose her mental disorder before her marriage with the husband constituted a fraud perpetrated upon him. Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with an appeal filed by the husband challenging a Family Court order wherein his petition under sec. 12 of the Hindu Marriage Act was dismissed.
It was the case of the husband that the marriage was the outcome of a calculated fraud that was perpetrated by the wife and her family members as they chose not to disclose a vital and crucial fact regarding the her mental health. It was also stated that the wife was, before the marriage, and during the days that she stayed with the husband, suffering from Acute Schizophrenia. He stated that the wife behaved in a very unusual manner after her marriage in the matrimonial home, as well as during their honeymoon.
"All Good In Paperwork, Nothing On Ground, No Supervision": Delhi High Court Calls For Task Forces To Control Mosquito Infestation [Court in its own motion v. State]
The High Court directed all the city local bodies, including the three municipal corporations and Delhi Cantonment Board, to constitute their task forces in order to monitor and control the menace of mosquito infestation in the city. Expressing unhappiness over the inaction of the authorities on ground, Justice Vipin Sanghi and Justice Jasmeet Singh directed that such task forces shall be headed by the concerned Commissioners of the local bodies.
"The problem is, in paperwork you are all very good, so you prepare reports, on paper you say you will issue orders that there should be no breeding. As if the mosquitoes will stop breeding if you say so in your file. Nothing on the ground," Justice Sanghi orally told Advocate Divya Prakash Pande representing the NDMC and SDMC in the matter.
9 Years In Custody; Trial Not Complete: Delhi High Court Grants Bail To NDPS Accused; Says Process Becoming Punishment [ATUL AGGARWAL v. DIRECTORATE OF REVENUE INTELLIGENCE]
The High Court has granted bail to a man who was in custody for 9 years in an NDPS case observing that while drug trafficking must be deterred with stringent punishments, plight of the undertrials cannot be ignored.
"Deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our Constitution under Article 21, and is, therefore, unconstitutional to its very core. In such cases, in absence of the pronouncement of conviction, the process itself becomes the punishment. Nine years cannot be said to be a short period of time," Justice Subramonium Prasad observed.
Delhi High Court Seeks Response On Steps Taken To Ensure NGT Orders Banning Sale Of 'Chinese Manjha' Are Efficiently Enforced [ISHWAR SINGH DAHIYA v. STATE OF NCT DELHI AND ORS]
The High Court has sought response of the Centre as well as the Delhi Government over the steps taken by them to ensure that the orders of National Green Tribunal banning the sale of 'chinese manjha' are efficiently enforced. Justice Yashwant Varma was dealing with a petition filed by a man who had lost his young son on suffering from the fatal injuries caused by Chinese manjha. The counsel appearing for the petitioner placed reliance on the orders passed by the NGT which had banned the sale of such articles.
Delhi High Court Orders Release Of Child In Conflict With Law, Incarcerated In Observation Home Despite Bail [DCPCR v. GNCTD & Ors.]
The High Court directed the release of a child in conflict with law who was incarcerated in an observation home despite an order passed by the Juvenile Justice Board granting him bail. The Court's order is subject to furnishing of bail bond.
Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a habeas corpus petition moved by Delhi Commission for Protection of Child Rights (DCPCR) stating that the child in conflict with law aged 16 years was taken into custody in October this year and was in custody for about 7 weeks.
"Non-Availability Of Enabling Infra For Persons With Disability Glaring Throughout City": HC Directs Delhi Govt To Conduct Social Disability Audit [JYOTI SINGH v. NAND KISHORE & ORS]
Observing that the non-availability of enabling infrastructure for persons with disability is glaring and apparent throughout the city, the Delhi High Court last week called for a Social Disability Audit to be conducted by the Delhi Government within six weeks for the purpose of assessing the existing public infrastructure, including roads and other modes of transportation with regards to accessibility for persons with disabilities.
Other Developments:
Delhi High Court Vacation Bench To Hear Extremely Urgent Cases On 27th, 29th And 31st December
Delhi High Court Disposes Plea For Revamping Infra At City's Rouse Avenue Court
Gauhati High Court
Gauhati High Court Directs Assam Govt To Identify Ration Card Beneficiaries In Slum Areas Of Guwahati, Extend Help To The Needy [Syeda Mehzebin Rahman v. UoI & 7 Ors]
The Court has directed the state government to identify the ration cards beneficiaries in slum areas of Guwahati. The Bench of Justice N. Kotiswar Singh and Justice Malasri Nandi has also directed that families who need help in the COVID-19 pandemic be given help immediately, in form of food and other day-to-day support promptly.
A Public Interest Litigation (PIL) plea has been moved before the Court seeking an independent probe into the alleged fake encounters of the Assam Police. The Plea has been moved by a Delhi-based Lawyer- Arif Jwadder has sought a probe by an independent agency like the Central Bureau of Investigation (CBI), Special Investigation Team (SIT), or any other police team from another state under the supervision of the High Court.
'No Coercive Measure': Gauhati High Court Orders Interim Stay On Assam Gov's Order To Evict 244 Villagers, Directs Officials To Decide Their Representation [Innachi Ali and Ors v. State of Assam]
The Court restrained the Assam government from evicting 244 people from Dhekiajuli town in Assam's Sonitpur district. The Circle Officer, Dhekiajuli Revenue Circle had on November 15, 2021, issued eviction notices to the concerned residents of Basasimalu village directing them to vacate the government land they had allegedly encroached upon. The Circle Officer had also asked the petitioners to vacate the land within a month, failing which action would be taken against them.
Gujarat High Court
The Court issued a notice to the state government on a petition filed seeking quashing of a First Information Report (FIR) registered over the allegation against the applicants alleging that they are involved in a conspiracy to forcefully convert the religion of people. The Bench of Justice Ilesh J. Vora was hearing the FIR quashing plea filed by the petitioners Shabbir Bakerywala, Samaj Bakerywala, Hasan Tissli, and Ismail Achhodwala who have been named in the FIR but haven't been arrested as yet. However, five other people who are involved in the case and named in the FIR have been arrested.
Himachal Pradesh High Court
The Court has directed the State Government to constitute an independent State Transport Appellate Tribunal within a month as per Section 89(2) of the Motor Vehicles Act within a month. A bench comprising Chief Justice Mohammad Rafiq and Justice Sabina directed the State Government to notify the constitution of the Tribunal within one month and also provide the paraphernalia including building, necessary staff and other infrastructure, as per the workload available with the Tribunal, within a period of one month thereafter.
Karnataka High Court
Karnataka High Court Permits KRDCL To Cut 18 Heritage Trees For Widening Of Bengaluru Roads [Dattatraya T Devare v. State Of Karnataka]
The Court permitted the Karnataka Road Development Corporation (KRDCL) to fell 18 heritage trees for widening of various roads around Bangalore. A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said that, "So far as cutting of 18 trees is concerned we are of the considered view that we are not experts on whether trees can be cut or not. An Expert body GKVK has already given its opinion. As such we feel that the respondent 7 (KRDCL) shall be allowed to cut the 18 trees and start the project at once and complete in a time-bound manner so that no further delay is caused, we direct accordingly."
Karnataka High Court Dismisses Petitions Challenging KSLU Semester Exams For LL.B 5 Year Course [K P Prabhudev v. State of Karnataka]
The Court dismissed two petitions challenging the decision of the Karnataka State Law University to hold exams for 2nd and 4th Semester students in LLB 5 years course. The petitions sought to quash KSLU's circular dated 01.12.2021. During the hearing, the counsel for the University had informed the court that almost 70 percent of students had appeared for the examinations.
Also Read: Karnataka High Court Issues Notification For Mandatory E-Filing By Govt In All Types Of Cases
Karnataka High Court Directs Govt To Immediately Notify 'Live Streaming & Recording Of Court Proceedings Rules' [Dilraj Rohit Sequeira v. Union Of India]
The Court directed the state government to immediately notify and publish in the official gazette the Live-streaming and recording of court proceedings rules which have been approved by the government. A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said, "The Karnataka State government has approved the Live streaming and recording of court proceedings rules without any amendments and now they are to be notified, from the date informed by the High Court. The Registrar General of this court is directed to notify the date for coming into force of these rules."
Child Visitation Rights Of Muslim Man Diminishes On Espousing Second Wife During Subsistence Of First Marriage: Karnataka High Court [Mohammed Mushtaq G K v. Ayesha Banu]
The Court has held that child visitation rights of a Muslim man diminishes to a great extent, on him having married to another woman during the subsistence of the first marriage. Justice Krishna S Dixit said, "Now it has been well settled that the act of a Muslim in espousing a second wife during the subsistence of first marriage per se amounts to cruelty and that not only the first wife can stay away from the matrimonial home but seek divorce too on that ground."
Also Read: Karnataka High Court Reserves Order On Pleas Challenging State's Ban On Online Gaming
Karnataka High Court Asks State, Municipal Corporations To Initiate Departmental Enquiry Against Officers Who Fail To Check Illegal Constructions [K.S.Eshwarappa v. The Commissioner City Corporation]
The Court has directed the State government or Municipal Corporations to initiate departmental enquiry against those Officers who show or have shown lackadaisical attitude in performance of their duty to check the growth of illegal constructions in their jurisdictions. Justice M Nagaprasanna opined that "administrative tolerance" against such officers should be reduced to zero, as time has come, where a citizen who undertakes unauthorised construction should be dealt with stern hands, equally so, the Officers who permit such construction also be dealt with the same stern hands.
Provision Of Appeal U/S 29 Of Domestic Violence Act Not Bar On Filing Application For Quashing U/S 482 CrPC: Karnataka High Court [Mareppa v. Pushapanjali]
The Court has held that the provision of Appeal under Section 29 of the Protection of Women from Domestic Violence Act does not take away the right of an aggrieved person to approach the High Court under Section 482 of Criminal Procedure Code for quashing of proceedings. Justice HP Sandesh, sitting at Kalaburagi bench, said, "Section 29 of the DV Act not takes away the right of the petitioners seeking an order under section 482 of Cr.P.C wherein the petitioners have attributed that very initiating of the DV Act against them is an abuse of process. Under such circumstances, the Court can exercise the powers under section 482 of Cr.P.C."
Also Read: Karnataka High Court Denies Anticipatory Bail To Public Prosecutor Accused Of Raping Law Intern
Does Establishment of Caste Based Development Boards/ Corporations Violate Concept Of Secularism? Karnataka High Court To Examine [Karnataka State Backward Castes Federation v. State of Karnataka]
The Court said it would examine if caste-based corporations established by the state government violate the concept of Secularism as envisaged in the Constitution. A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum was hearing two petitions challenging the government orders issued in the year 2020, establishing the Corporations. The court at this stage rejected the preliminary objections raised by the state government on maintainability of the petitions.
Karnataka High Court Summons President Of Youth Association For Not Shifting Illegally Installed Statute Of Dr Babasaheb Ambedkar [Neelappa O v. State of Karnataka]
The Court summoned one Revanna Siddappa, President of Dr B R Ambedkar Youth Association, for disobeying court orders and not shifting the statute of Dr Babasaheb Ambedkar which they illegally erected on public land in Harappanahalli Taluk, Davanagere District to an alternative land within four months. Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum said that, "In view of the fact that undertaking given by respondent 10 has been disobeyed, we hereby summon the respondent 10 through its President Revanna Siddappa, who had filed the affidavit of undertaking to be present before the court on the next date, so that appropriate action can be taken for disobedience of courts orders."
Kerala High Court
Kerala High Court Dismisses Plea Seeking Removal Of Prime Minister's Photograph From Covid-19 Vaccination Certificate With Cost [Peter Myaliparampil v. Union of India & Anr.]
The Court dismissed the plea challenging the photograph of Prime Minister Narendra Modi being affixed on the vaccination certificates issued to citizens upon being vaccinated against Covid-19 and imposed a hefty cost of Rs. one lakh on the petitioner. Justice P.V. Kunhikrishnan while dismissing the plea observed: "According to my opinion, this is a frivolous petition filed with ulterior motives and I have a strong doubt that there is political agenda also to the petitioner. According to me, this is a publicity oriented litigation. Therefore, this is a fit case that is to be dismissed with a heavy cost."
Also Read: It Is The Duty Of Citizens To Respect The Prime Minister Of India : Kerala High Court
Kerala High Court Allows Virtual Solemnisation Of Marriage Amid Omicron Scare [Rintu Thomas v. State of Kerala & Anr]
Considering the travel restrictions in place in the wake of the Omicron outbreak, the Court allowed a couple to solemnise their marriage through online mode and directed the Marriage Officer to register the same. Noting that this Court has authorised the same throughout the pandemic in similar cases, Justice N. Nagaresh observed: "In identical circumstances, when the parties to marriage could not appear before the Marriage Officer physically, due to the pandemic situations prevailing in India and abroad, this Court has passed orders permitting the parties to get their marriage solemnised through virtual mode."
After a series of elaborate hearings, the Court delivered its judgment in a plea moved by a minor girl who, along with her father, were harassed by a pink police officer in a public road, casting accusations of theft on the duo. While granting compensation to the girl, a single bench of Justice Devan Ramachandran in its decision recorded: "We cannot let our daughters grow up in anger; immediate remedial steps should be taken. No one can dispute that her Fundamental Right under Article 21 to lead a dignified and full life was violated."
Kerala High Court Issues Notice To Govt, Lulu Mall Over Plea Alleging 'Illegal' Collection Of Parking Fees [Pauly Vadakkan v. Lulu International Shopping Mall Pvt Ltd.]
The Court has issued notice to the State, the Kalamassery Municipality and the Lulu International shopping mall on a plea alleging that the mall is illegally collecting parking fees from its customers. Justice N Nagaresh sought the respondents' views on the petition, which contended that the mall's management was accountable for providing free parking to customers.
[Law Student's Suicide] 'They Are Accused, Not Convicted; Will Not Be Swayed By Public Opinion': Kerala High Court Tells Prosecution [Mohammed Suhail & Ors. v State of Kerala & Anr.]
While hearing the bail applications preferred by the husband and in-laws of a 2nd year LLB student, Mofiya Parveen, who died by suicide citing domestic abuse and dowry harassment, the Court took a firm stand that it will not be influenced by the public opinion or media coverage of the issue. Justice Gopinath P disclosed this view when Public Prosecutor informed the Court that this matter be heard expeditiously and to decline bail to the applicants, 'to send a strong message to the society'.
Also Read: Fake Antique Dealer: Kerala High Court Finds No Reason To Suspect Foul Play In Ongoing Investigation
The Court directed the State government to produce the video referred to in an affidavit earlier submitted by the IGP, after it denied the existence of any visuals of the incident where a girl and her father were allegedly harassed by a pink police officer. The State had informed the Court today that the girl was not entitled to compensation since several facts of the case were disputed by the respondents. When asked which facts were the points of dispute, the State responded that the officer had not blocked the child but only her father, that she did not cry throughout the incident and that there was no material available before the Court suggesting otherwise.
'Unintended Byproduct Of A Well Intended Legislation': Kerala High Court Calls For Ban On Nokkukooli, Calls It Illegal & Unconstitutional [T.K.Sundaresan v. District Police Chief]
The Court pronounced an elaborate judgment observing that the practice of demanding gawking charges, often referred to as 'nokkukooli' in Malayalam, had to be banned in the State once and for all. Referring to the Kerala Headload Worker's Act, Justice Devan Ramachandran ordered as under: "It is unclear how nokkukooli - literally translated to mean gawking charges - spread its tentacles in our small State but it is common, admitted knowledge that is being widely practised in the State, as if it is an entitlement among trade unions. This has forced the court to take judicial notice of it...It is an unintended by-product of a well-intended legislation."
Also Read: Police Brutality In Stations Will Stop If CCTV Cameras Are Installed: Kerala High Court While Hearing Case Where Man was Cuffed To Handrails
Madhya Pradesh High Court
"Advocate Filed PIL To Gain Publicity": MP High Court Dismisses PIL Challenging Govt's Decision To Reopen Schools With 5K Cost [Aditya Singh Solanki v. The State Of Madhya Pradesh And Others]
The Court dismissed a Public Interest Petition (PIL) plea with 5K costs which had questioned the decision of the MP State Government to reopen schools in the State. The bench of Justice Sujoy Paul and Justice Pranay Verma dismissed the plea as it remarked that the petitioner, an Advocate had filed the PIL without undertaking proper homework and exercise, to gain publicity.
MP High Court Dismisses Plea Seeking Direction To Election Commission Of India To 'Rule Out Discrepancies In EVMs' [Madhya Pradesh Jan Vikas Party v. Election Commission of India]
The Court dismissed a plea seeking a direction to the Election Commission of India (ECI) to take effective measures to rule out the discrepancies in the Electronic Voting Machines (EVMs) so as to conduct free and fair upcoming assembly and general elections. The Bench of Chief Justice Ravi Malimath and Justice Vijay Kumar Shukla was hearing the plea filed by Madhya Pradesh Jan Vikas Party, a registered political party under the Representation of People Act, 1951 (RPA) that sought several directions to the ECI including a direction to comply with the RP Act, 1951.
Madras High Court
WhatsApp Group Administrator Not Vicariously Liable For Objectionable Posts By Members : Madras HC Endorses Bombay HC Judgment [R. Rajendran v. The Inspector of Police & Kathirvel]
The Court recently granted relief to an administrator of a WhatsApp group in an FIR registered over an offensive posted in the group by a member. The Court directed that the group administrator should be removed as an accused from the charge sheet, if the investigation reveals that he has only played the role of an administrator and nothing more.
'No Physical Resistance By Prosecutrix Won't Make The Act Consensual': Madras High Court Upholds Rape Conviction [Gopi @ Saravanan v. State & Anr.]
Upholding a rape conviction by the trial court (Chief Judicial Magistrate) and the lower appellate court (Sessions Judge), the Court, while dismissing the criminal revision petition of the accused, has held that lack of physical and violent resistance against the accused will not make the act as consensual. According to the court, Section 375 of IPC undoubtedly lays down that if the act of the accused is against the will of the prosecutrix and against her consent, it would amount to the offence of rape.
'Tablighi Jamaat Can't Be Equated With Islam': Madras High Court Quashes FIR Against YouTuber Maridhas [Maridhas v. State & Anr.]
The Court (Madurai Bench) has quashed yet another FIR registered against YouTuber Maridhas over his YouTube Video criticizing the Tablighi Jamaat conference of March 2020 during the COVID first wave. A Single Judge Bench of Justice G.R. Swaminathan observed that none of the ingredients of alleged offences in the FIR has been made out by the Prosecution.
'Can't Restrain Police From Conducting Inspections': Madras High Court Insists On Installation Of CCTV Cameras In Spa, Massage & Therapy Centres [C P Girija v. Superintendent of Police & Ors.]
In a plea filed by the owner of an Ayurvedic Therapy Centre aggrieved by frequent police inspections, Court held that it cannot pass preventive orders to curb the law-enforcing authorities from exercising their powers in accordance with the law. Justice S.M. Subramaniam observed, "there are large scale allegations in general in the public domain against such Ayurvedic Spa and Massage centers. On information, the Police authorities are empowered to conduct inspections. If any doubt arises, the Police authorities are bound to conduct inspections in order to verify the business activities and to prevent illegal activities in the premises."
Also Read: Indecent Behaviour During Virtual Court: Madras High Court Issues Notice To Accused Lawyer
'Court Can't Order For Constitution Of State Level Press Council In Absence Of Statutory Provisions': Madras High Court May Recall Its Order [S.Sekaran v. The State Of Tamil Nadu & Ors., S. Sekaran v. The Director General Of Police & Ors.]
The Court has expressed concern over the soundness of a judgment passed by a division bench of the High Court earlier this year, directing constitution of a state-level Press Council to clamp down on fake journalists, paid news. A Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu noted that in the absence of a statutory provision to the effect, prima facie such a direction could not have been passed.
'Remand Can Never Be Made For The Asking': Madras HC Appreciates Magistrate For Refusing Remand In Case Over FB Post [Mathivanan v. Inspector of Police & Ors.]
In an interesting order quashing the impugned FIR registered against an office-bearer of the Communist Party of India (Marxist-Leninist) over a funny Facebook post, Madurai Bench has underscored that remand cannot be granted whenever it is sought by the prosecution or the police. A single-judge bench of Justice G.R Swaminathan appreciated Vadipatty Judicial Magistrate, M.C. Arun, for refusing to remand the 62-year-old accused in an FIR for "waging war" registered for captioning a vacation picture on Facebook as 'Trip to Sirumalai for shooting practice'.
Also Read: 'Vulgarity During Court Proceedings': Madras HC Initiates Contempt Action Against Lawyer
'Intersectional Discrimination': Madras HC Lays Down Guidelines For Fair Treatment Of Disabled Women Athletes, Condemns 'Romantic Paternalism' [M. Sameeha Barvin v. The Joint Secretary, Ministry of Youth & Sports & Ors.]
In an order that elaborately discusses the concept of 'intersectional discrimination' meted out to disabled women athletes on account of their gender and disability, Court has issued comprehensive directions to the respondent authorities to streamline the policy that pertains to such women athletes and their fair treatment. "Disabled women struggle with both the oppression of being women in male-dominated societies and the oppression of being disabled in societies dominated by the able-bodied", author Susan Wendell was quoted at the beginning of the order.
'No Further Orders Required': Madras High Court Disposes Plea Against Traffic Congestion, Illegal Parking On Chennai's GST Road [Chrompet G.S.T. Salai, Puduvai Nagar Siruthozhil Vyaparigal Sangam v. The Commissioner of Police & Ors.]
The Court has disposed of a PIL on the issue of irregular parking before commercial establishments on the Grand Southern Trunk (G.S.T) Road in Chennai. Expressing satisfaction at the report submitted the Commissioner of Police (Egmore) in view of a previous direction dated November 16, Justice S.M Subramaniam observed that no further orders are required in the matter.
Right To Default Bail Not Extinguished With 'Simultaneous' Filing Of Chargesheet: Madras High Court [K. Muthuirul v. The Inspector Of Police]
In a pertinent ruling, the Madurai Bench has delved deep into the statutory provisions and precedents that determine the four corners of default bail under Section 167(2) of CrPC and Section 36(A)(4) of NDPS Act. Thereby, the court has clarified the long-standing confusion about the time constraints applicable to the accused for availing the right to default bail and to the investigating agency for filing of charge sheet before the court.
Repatriation Of Dead Bodies: Draft Guidelines Submitted Before Madras High Court In Pudukkottai Fisherman's Case [Brundha. R v. The Principal Secretary & Ors.]
The draft guidelines for repatriation of dead bodies have been prepared by Advocate Henri Tiphagne, counsel for the petitioner wife in the case pertaining to the demise of Pudukkottai fisherman in a collision with Sri Lankan Navy Vessel. The respondents including the Ministry of External Affairs have also been served with copies of the draft guidelines. A single-judge bench of Justice G.R Swaminathan has adjourned the matter to 12th January, 2022.
Manipur High Court:
Widely Publicise Applicability Of COVID Relief Scheme To Transgender Persons: Manipur High Court Directs State Govt [Thangjam Santa Singh v. State of Manipur and others]
The Court directed the state government to ensure that it is made known to the general public that the benefit of the Chief Minister's COVID Affected Livelihood Support Scheme is also available to those households too wherein either a member of the main bread-earner is a transgender person. The Bench of Chief Justice Sanjay Kumar and Justice M. V. Muralidaran was hearing a plea filed by Thangjam Santa Singh, the secretary of All Manipur Nupi Maanbi Association (AMNMA), which is an association that works for the welfare of the transgender community in the State.
Patna High Court:
PIL On 'Pitiable Condition' Of 1st Prez Dr. Rajendra Prasad Memorials: Patna HC Directs Inspection, Seeks Reply Of Centre, Bihar Govt [Vikas Kumar v. The Union of India & Ors.]
Dealing with a Public Interest Litigation (PIL) plea filed highlighting the pitiable state of affairs of the memorials of the first president of India, Dr. Rajendra Prasad situated at three different places of Bihar, the Court sought the reply of the Union and State Government. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar appointed a team of Local Commissioners to visit the Memorials and ascertain the actual status of the infrastructure and the affairs and to give suggestions as to how best the memorials at all the three places can be improved and the infrastructure improvised.
Policemen Assaulting Bihar Judge: Patna HC To Consider Guidelines For Ensuring Judiciary's Independence [Suo motu v. State of Bihar & Ors.]
The Court has asked the Amicus Curiae Mrigank Mauli to propose guidelines for the smooth functioning of the judiciary, devoid of intimidation by other organs of the state or private persons. The development comes in suo motu writ petition arising from the assault of an Additional District and Sessions Judge in Bihar's Madhubani by two policemen.
Punjab & Haryana High Court:
17 Yr Old Muslim Girl Competent To Enter Into A Contract Of Marriage With Person Of Her Choice: P&H High Court [Nargis and another v. State of Punjab and others]
The Court granted protection to a Muslim Girl (17 Year Old) who married a Muslim Man (33 Year Old) while noting that she is of Marriageable Age under Muslim Personal Law. The Bench of Justice Harnaresh Singh Gill was hearing a protection plea filed by Muslim Husband-Wife (Petitioners) who solemnized their marriage as per Muslim rites and ceremonies and thereafter, sought the protection of their life and liberty.
The Court has sought details of Court Complex Security Measures in place across the States of Punjab, Haryana and UT Chandigarh. In this regard, the Registrar General of the High Court, Sanjiv Berry has written a letter to all the district and sessions Judges in Punjab, Haryana, and Chandigarh on the following four counts. This letter was sent within hours of the blast in the Ludhiana courts complex
UAPA Accused In Custody For Over 2 Yrs On Allegations Of Posting About 'Sikhs for Justice Referendum' On FB: P&H High Court Grants Bail [Deep Kaur @ Kulvir Kaur v. State of Punjab]
The Court granted bail to a UAPA Accused who has been booked for allegedly posting about 'Sikhs for Justice 2020 Referendum' on her Facebook account and who has been in custody for over two years and three months. The Bench of Justice Anupinder Singh Grewal referred to Apex Court's ruling in the case of Union of India versus K.A. Najeeb to observe that long custody would be an essential factor while granting bail under the UAPA.
Kathua Rape-Murder Case: P&H High Court Suspends Sentence, Grants Bail To Cop Convicted For Destroying Evidence [Anand Dutta v. State of Jammu and Kashmir and Anr]
The Court suspended the sentence of SI Anand Dutta who had been convicted for destroying evidence in the Kathua Rape Case of 2018 wherein an 8-year-old girl from the Bakarwal community was gang-raped by a temple priest and others in Jammu & Kashmir's Kathua area. Importantly, Sub Inspector Anand Dutta is one of the six accused who were convicted in the Kathua rape case of 2018 for allegedly taking Rs 4 lakh as bribe from Sanji Ram (prime accused) for sabotaging the case.
Rajasthan High Court:
Don't Give Consent For Burial Of Indian Citizen's Dead Body Stuck In Russia; Resolve Issue At Diplomatic Level: Rajasthan HC To Centre [Asha and others v. Union Of India and others.]
The Court asked the Union Of India not to give its permission for the burial of mortal remains of an Indian Citizen which are lying in Russia unattended for the last four months. The Bench of Justice Dinesh Mehta also directed the Foreign Secretary to explore ways to resolve the issue at a diplomatic level, by requesting the External Affairs Minister, Government of India to intervene and use his good offices.
