High Courts Weekly Roundup [August 23, 2021 To August 28, 2021]

Allahabad High Court 1. Allahabad High Court Quashes Criminal Proceedings Against Dr. Kafeel Khan Over Anti-CAA Speech At AMU [Dr. Kafeel Khan v. State of UP & Anr.] In a huge relief to Dr. Kafeel Khan, Justice Gautam Chaudhary quashed the entire criminal proceedings arising out of an FIR & pending against him over his speech given about CAA and NRC at a protest meeting at Aligarh Muslim University in December 2019. "…Before taking cognizance of the offense under IPC, prior prosecution sanction has not been taken by the Central Government or the State Government or the District Magistrate and the learned Magistrate did not properly comply with the relevant provisions while passing the order of cognizance," the Court said. 2. Hathras Gang Rape Case : Allahabad High Court Refuses To Stay/Transfer Ongoing Trial [Suo-Moto Inre: Right To Decent & Dignified Last Rites] A Bench of Justice Jaspreet Singh and Justice Rajan Roy refused to stay/transfer the criminal trial proceedings in the Hathras Gang Rape case pending before the Special Court (SC/ST Act), Hathras. It further said that the requisite security which was ordered by the Court to ensure non-disruption of the trial by any person and for facilitating a free and fair trial, will continue to be in place. 3. Awadh Bar Association Election: Allahabad HC Modifies Its Order Relaxing Criteria Determining 'Regular Practitioner' Of Court [In Re: Unruly Behaviour & Breach Of Protocol During Awadh Bar] Modifying its earlier order (dated August 24) in the suo motu case relating to the Election of Awadh Bar Association, in which the court had fixed the date of the elections on September 25, the High Court relaxed the criteria determining 'regular practitioner' of this Court (for the purpose of contesting the election or casting his/her vote). Cancelling the entire election process which was held, amid the ruckus, on August 14, the bench of Justice Ritu Raj Awasthi and Justice Dinesh Kumar Singh had earlier framed guidelines for conducting the election on September 25. Also Read: When Advocates Indulge In Unruly Behaviour, It Poorly Reflects On Institution's Image: Allahabad HC Reschedules Awadh Bar Assn Elections 4. Economic Offenders Have Huge Proceeds Of Crime, May Use It To Affect Probe, Win Over Witnesses: Allahabad HC Denies Anticipatory Bail To Accused [Pankaj Grover v. Directorate of Enforcement] The High Court recently rejected an anticipatory bail application filed by the erstwhile sleeping Director of M/s Surgicoin Medequip Pvt. Ltd who was accused in the National Rural Health Mission Scheme Scam. The Bench of Justice Chandra Dhari Singh, while rejecting the application filed under Section 438 CrPC noted that a criminal of economic offences has a larger amount of proceed of crime, which he may use and affect the investigation and win over witnesses. 5. Seeking Criminal Trial's Transfer At Drop Of Hat Not Recognized By Any Tenent Of Law: Allahabad High Court [Pramod Kumar Tiwari v. State Of UP & Anr.] Dismissing a transfer application moved under Section 407 of the Code of Criminal Procedure, the High Court observed that seeking of the transfer of criminal trial at the drop of a hat is not recognized by the courts or by any tenent of law. Justice Mohd. Faiz Alam Khan also emphasized that an order of transfer is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about the conduct of the trial by a Presiding Officer. 6. Allahabad HC Imposes ₹5 Lakh Cost On Lawyer For Unauthorisedly Filing Plea On Behalf Of Absconding IPS Officer & Misleading Court [Dr. Mukut Nath Verma v. Union Of India] The High Court imposed Rs. 5 lakh costs on an Advocate, Dr. Mukut Nath Verma after concluding that he unauthorisedly filed a writ petition on behalf of Suspended and Absconding IPS Officer Mani Lal Patidar and also levelled serious allegations against state authorities, and thereby misleading the Court. The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal also asked the Bar Council of Delhi to take appropriate action against the advocate in accordance with the law. 7. Man Booked For Video Criticizing Govt's Handling Of COVID Dead Bodies: Allahabad HC Issues Notice To Govt, Stays 'Coercive Measures' The High Court issued notice to the State of Uttar Pradesh on the plea of a man who has been booked under various sections of IPC for allegedly promoting enmity between groups on grounds of religion for his speech in which he criticized the Government's way of handling COVID dead bodies. The Bench of Justice Pankaj Naqvi and Justice Naveen Srivastava has also directed that no coercive measure shall be taken against the petitioner if he cooperates in the pending investigation. Also Read: Allahabad High Court Dismisses Plea Seeking Shutting Down Of Uttar Pradesh State Medical Faculty 8. "Delay ...

High Courts Weekly Roundup [August 23, 2021 To August 28, 2021]

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