Gujarat High Court: 60 Important Decisions Of 2021

As we step into year 2022, LiveLaw brings to you a bunch of important decisions from the Gujarat High Court of 2021. This digest includes 60 important orders and judgments.Gujarat High Court 1. 'Orders Passed To Facilitate Private Commercial Activity': Gujarat High Court Raps Authorities, Sets Aside Father-Son Externment Orders [ Digesh Harishchandra Solanki & Harishchandra Motilal Solanki v. State of Gujarat and Ors.] The Gujarat High Court on Monday (11th January) reprimanded the authorities for externing a son and his father from Navsari district "to facilitate a private commercial activity of a private individual." The Bench of Justice Paresh Upadhyay was hearing the pleas filed by the son and his father, challenging identical externment orders passed by the Sub-Divisional Magistrate, Navsari dated 04th February 2020. 2. Animals, Like Human Beings Can Understand Physical/Mental Pain; They Do Feel Severity Of Physical Harm Being Inflicted: Gujarat High Court [Akrambhai Shaukatbhai Posti v. State Of Gujarat] Noting that animals, like the human beings have the capability of comprehending the physical and mental pain and that they do feel severity of the physical harm inflicted on them, the Gujarat High Court on Tuesday (12th January) denied bail to a man accused of various offences punishable under The Prevention of Animal Cruelty Act. The Bench of Justice Bela M. Trivedi further observed that the Prevention of Animal Cruelty Act and the Animal Preservation Act have been enacted to punish severely the persons indulged in inflicting cruelty to the animals. 3. Gujarat High Court Directs Bharuch District Magistrate To Expedite Process On Application Of Man To Convert [Jigneshkumar Manubhai Patel v. District Collector, Bharuch] While hearing the plea of a 32-year-old Hindu man, who wishes to convert to Islam, the Gujarat High Court last month directed Bharuch district authorities to expedite the conversion process. The Bench of Justice Bela M. Trivedi issued the aforesaid direction as Petitioner Jignesh Patel submitted before the Court that Bharuch's collector had withheld his application for more than a year, despite SDM's inquiry report (filed in February 2020) establishing that he was under no pressure from anyone to convert to Islam. 4. "Undue Fervor Shown By Cops As This Was Inter-Religious Marriage": Gujarat High Court Sets Couple Free, Orders IG-level Inquiry [Ghasura Riyazkhan Jitubhai v. State Of Gujarat] While underlining that the facts (of the case) are quite glaring and also shocking and ordering the release of an interfaith couple from the Custody of cops, the Gujarat High Court on Tuesday (19th January) quashed and set aside the order of Remand (dated 18th January 2021) passed by the Magistrate qua the corpus Nisar khan (Husband). The Court was hearing a habeas corpus plea filed by the brother of the husband, Nisarkhan Jitubhai Ghasura, stating that the latter was illegally detained and remanded to police custody, following his recent marriage to his 29-year-old childhood friend from another community. The Bench of Justice Sonia Gokani & Justice Sangeeta K. Vishen directed the Range IG concerned to inquire into the matter, more particularly, considering the conduct of Respondent Nos. 5 and 6 (cops), in whose custody, the couple has been detained for all these days, and report to the DIG. While conducting such inquiry, the Range IG has been directed to bear in mind that this is the case, where, the undue fervor is shown, on account of this being an inter-religion marriage. 5. Gujarat HC Proposes To Prohibit Social Exclusion Of Women Based On Their Menstrual Status At All Private And Public Places, Including Religious & Educational [Nirjhari Mukul Sinha v. Union Of India] The Gujarat High Court has proposed to prohibit the social exclusion of women on the basis of their menstrual status at all places, be it private or public, religious or educational. Underlining that all religions (excluding Sikhism) refer to menstruating woman as "ritually unclean", the Gujarat High Court recently proposed a set of guidelines that the State Government should follow to end Menstruation Taboo. The Bench of Justice J. B. Pardiwala and Justice Ilesh J. Vora was hearing a public interest litigation (PIL) filed in connection with an unfortunate incident wherein, over 60 girls in a hostel of Shree Sahjanand Girls Institute in Bhuj town of Kutch were reportedly forced to strip to "prove" they were not menstruating. Also read: "Menstruation Stigmatized In Our Society, No Reason To Call Menstruating Women Impure": Gujarat High Court 6. "No Person Has Right To Retain Encroached Land": Gujarat High Court Denies Relief To Evicted Slum Dwellers; Asks State To Frame Land Allotment Policies [ Vora Zakirhusain Valibhai v. State Of Gujarat] In a significant judgment touching upon the interplay of slum...

Gujarat High Court: 60 Important Decisions Of 2021

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