High Courts Weekly Roundup [Feb 8 – Feb 14]

Summation of important Judgments/Orders this week Allahabad High Court 1. Allahabad High Court Dismisses Plea By Two Sisters Claiming Ownership of Land Offered for Ayodhya Mosque [Rani Kapoor Punjabi v. Union of India & Ors.] A Bench of Justices DK Upadhyay and Manish Kumar dismissed a petition filed against the allotment of land in Ayodhya's Dhannipur village for the construction of a mosque, following the Supreme Court verdict in the Ram Janmabhoomi-Babri Masjid dispute. Two Delhi-based sisters had moved the High Court claiming ownership of the five-acre land allotted to the Uttar Pradesh Sunni Central Waqf Board for the mosque. The petition was withdrawn after their counsel sought permission to withdraw the case with permission to file afresh. 2. "If Display Of Affection Between LGBT Partners Isn't Indecent, It Can't Be Bogged Down By Majority Perception:" Allahabad High Court Reinstates LGBT Member In Service [Pramod Kumar Sharma v. State Of UP & Ors.] A Bench of Justice Sunita Agarwal quashed an order for cancellation of appointment of the Petitioner, after noting that the same was passed on the basis of his sexual orientation. Observing that it is completely in violation of the observations of the Apex Court in Navtej Singh Johar v. Union of India reported in (2018) 10 SCC 1, the Court directed the concerned authority take the petitioner back in service with immediate effect. "Display of affection amongst the members of the LGBT community towards their partners in the public, so long as it does not amount to indecency or has the potentiality to disturb public order cannot be bogged down by majority perception," the order stated. 3. Commuting Life Sentence- Revaluate Cases For Remission After 14 Years Of Incarceration Even If Appeals Pending: Allahabad HC Directs UP Govt. [Vishnu v. State of UP] Expressing its displeasure over the fact that even after 14 years of incarceration, the State did not think of exercising its power of commuting life sentence of an accused, a Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary directed the UP Government to revaluate cases for remission after 14 years of incarceration (even if appeals are pending before the High Court). It also directed the Registrar General to place the matter before the Chief Justice so that it could be ensured that those who are in jail for more than 10 or 14 years get their appeal heard which are mainly jail appeals. 4. Abetment To Suicide Charge Against Husband- "Providing Medical Assistance To Wife Wouldn't Absolve Him From Guilt": Allahabad High Court [Sameer Ali Khan v. State of UP] A Bench of Justice Rahul Chaturvedi dismissed the bail plea of a Husband who has been booked for abetting his wife's suicide while noting that only providing the medical assistance to his wife would not go to absolve the applicant from the allegations. It noted that the continued course of conduct of the Husband where he did not even permit his wife to see her son, had proven acute nostalgia for her and in that stage of severe psychological turmoil, she was left with no other option but to take this extreme step. 5. Plea Seeking Direction to State of UP To Bring Law To Compensate COVID-19 Vaccinated Individuals Dismissed By Allahabad High Court [Gajendra Singh Yadav v. Union of India & Anr.] While noting that a direction cannot be given to legislate a law, a Bench of Justice Sanjay Yadav and Justice Jayant Banerji dismissed a plea seeking direction to the State of Uttar Pradesh to bring a legislation to compensate the COVID-19 Vaccinated individuals in case of loss/ sufferings. The Petitioner had contended that that presently mass drive is carried out to vaccinate one and all and with large scale vaccination the life and personal liberty of individuals will be at peril. He further argued that to protect the life and personal liberty of individuals he seeks command to the State of Uttar Pradesh to have statutory provisions in other word legislation to compensate the individuals in case of loss/ sufferings. 6. FIR Lodged Against 'Tandav' Makers As Series Contains Scenes Portraying 'God' In A Derogatory Manner: UP Govt Tells Allahabad High Court [Aparna Purohit v. State of UP & Anr.] The UP Government has told the Allahabad High Court that the makers of the web series 'Tandav' have been booked for portraying 'God' in a very derogatory manner. Opposing the anticipatory bail application filed by Aparna Purohit, the creative head of Amazon Prime Video India, in the FIR registered over scenes in 'Tandav', the Additional Advocate General Vinod Shahi submitted that "the visual and wordings used by certain actors in the said web series contain certain scene portraying 'God' in a very derogatory manner for which the said F.I.R. has been lodged." He further sought time to seek instructions in the matter and file a detailed...

High Courts Weekly Roundup [Feb 8 – Feb 14]

Akshita Saxena

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