Ganga Iftar | Allahabad HC Grants Bail As Accused Apologise To Hindu Community, Vow Lifelong Respect For 'Maa Ganga'

The Allahabad High Court on Monday granted bail to 3 Muslim men accused of organizing an Iftar party, consuming non-vegetarian food on a boat in the river Ganga (in Varanasi) and throwing leftover waste into the river. A bench of Justice Rajiv Lochan noted that the accused demonstrated "genuine remorse" by submitting an unconditional apology to the Court. The same bench had earlier granted relief to 5 other co-accused via a separate order.Relying on their supplementary affidavit, the Court...

Allahabad High Court Grants Interim Relief To Reliance Bio Energy In Complaint Under Air Quality Management Act

The Allahabad High Court has granted interim relief to Reliance Bio Energy in complaint case filed under Commission for Air Quality Management in NCR & Adjoining Areas Act, 2021.Reliance Bio Energy is a subsidiary of Reliance Industries Ltd, in the process of establishing Compressed Biogas plant across India by utilizing agricultural waste (Parali).The director had been summoned under...

S. 223 BNSS | Pre-Cognizance Hearing Of Accused Mandatory In Post-BNSS NDPS Act Complaints: Allahabad High Court

The Allahabad High Court has observed that an accused must be heard before a special Court takes cognizance upon a 'complaint' made (after commencement of BNSS) by an authority under the Narcotic Drugs and Psychotropic Substances Act, 1985. A bench of Justice Brij Raj Singh ruled thus while relying on the first proviso to Section 223(1) BNSS, which mandates granting the accused a prior hearing before taking cognizance. Accordingly, the Court set aside a cognizance-taking order of the...

'Karauli Baba' Remarks Row | Allahabad HC Extends Interim Protection Granted To YouTuber In UP Police FIR Till July 14

The Allahabad High Court on Tuesday extended the interim protection from arrest granted earlier to YouTuber Gautam Khattar, who is facing a UP Police FIR over his alleged derogatory remarks against 'Sri Karauli Shankar Mahadev Baba' (also known as 'Karauli Sarkar'), till July 14. A Bench of Justice JJ Munir and Justice Tarun Saxena heard the matter today and granted the counsel for the informant (respondent no. 4) two weeks to file her response. The matter will be heard on July 14 for...

Allahabad HC Division Bench Recuses From Hearing Habeas Corpus Plea Of Journalist Arrested During Noida Workers' Protest

A division bench of Justice Siddharth and Justice Vinai Kumar Kumar Dwivedi of the Allahabad High Court today recused from hearing a Habeas Corpus plea concerning journalist Satyam Verma, who was arrested last month on the allegations of instigating workers to carry out violence during the Noida labourers' protest When the matter was taken up, Senior Advocate SFA Naqvi, along with...

'Calls Into Question Its Very Existence': Allahabad HC Raps NHRC For Closing Custodial Death Case Relying Only On Police Version

Observing that a 16-year-old custodial death case of a disabled man discloses severe "institutional failures", the Allahabad High Court on Monday rebuked the National Human Rights Commission (NHRC) & UP Police and admitted HC's own procedural delay in unearthing the truth of the case. In its 16-page order, the Court severely criticised the NHRC for closing the 2009 case by...

Police Torturing Relatives Of Accused Is A 'Colonial Practice', Violates Article 21: Allahabad High Court

The Allahabad High Court has observed that the Police's act of torturing or harassing the relatives of an accused is a 'colonial practice' which is violative of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India.A bench of Justice JJ Munir and Justice Tarun Saxena added that in contemporary times, the police have scientific methods to locate...

State's Duty Doesn't End With Prosecuting Offender: Allahabad HC Summons UP Officials Over Lack Of Acid Attack Survivor Rehab Policy

The Allahabad High Court recently expressed its strong displeasure over the State authorities treating acid attack matters "lightly and casually" and for not framing a comprehensive policy for the compensation, rehabilitation and long-term support of acid attack survivors. A bench of Justice Saral Srivastava and Justice Garima Prashad took strong exception to the UP Government's...

Law Being Drafted To Ban Sale & Use Of Lethal 'Chinese Manjha', Compensate Victims: UP Govt Informs Allahabad High Court

The Uttar Pradesh Government last week informed the Allahabad High Court that it will soon be coming up with a strict Law to prevent the manufacture, sale and use of lethal 'Chinese Manjha', a manjha laced with glass particles used for kite flying. Crucially, the State submitted that the payment of compensation to the victims is also being considered under this new law, which is...

Ganga Boat Iftar Row | Allahabad High Court Grants Bail To Remaining 6 Accused

The Allahabad High Court on Monday granted bail to the remaining 6 Muslim men accused of organizing an Iftar party, consuming non-vegetarian food on a boat in the river Ganga (in Varanasi) and throwing leftover waste into the river. A bench of Justice Rajiv Lochan Shukla granted them bail, noting that in the same FIR, 8 accused have already been granted the relief. It may be...

S.133 CrPC | Evidence Adduced In Proceedings For Removal Of Nuisance Needs To Be Reliable, Not Conclusive In Nature: Allahabad High Court

The Allahabad High Court has held that the proceedings for removal of nuisance under Section 133 CrPC are summary in nature and requires “any reliable evidence” not conclusive evidence for deciding the application regarding alleged nuisance. Dr. Justice Ajay Kumar-II held,“The proceedings under section 133 of Cr.P.C. are summary in nature and are meant for the cases of imminent danger...

High Court Can't Enhance Or Reduce Maintenance Amount In Revisional Jurisdiction; Remedy Lies U/S 146 BNSS: Allahabad HC

The Allahabad High Court has clarified that it cannot directly increase or decrease a maintenance amount while dealing with a plea under its revisional jurisdiction. A bench of Justice Achal Sachdev observed that the proper remedy for the modification or alteration of maintenance allowance due to changed circumstances lies solely under Section 146 BNSS, which is pari materia with...