Himachal Pradesh & Uttarakhand High Courts: 50 Important Decisions Of 2021

As the end of the year 2021 is nearing, LiveLaw brings to you a bunch of important Cases from the Himachal Pradesh & Uttarakhand High Courts. This digest includes 50 important orders and judgments.Himachal Pradesh High Court 1. "Custodial Interrogation Justified": Himachal Pradesh HC Denies Anticipatory Bail To Man Accused Of Flesh Trade Of Adolescent Girls [Md. Nazim v. State of Himachal Pradesh] A single judge bench comprising of Justice Vivek Singh denied anticipatory bail to a man apprehending arrest in a case for allegedly being a part of racket involved in fishing adolescent girls for throwing them in international flesh trade by trafficking them abroad after alluring them for marriage. It observed that an accused may not be entitled for the grant of anticipatory bail even in the absence of necessity of custodial interrogation in all eventualities. According to the Court, the requirement of custodial interrogation is not the only reason for rejecting bail application. 2. Journalist's Disorderly Conduct Causes Irreparable Damage To Journalism, High Time That Govt. Reviews List Of Accreditations: HP High Court [Vijay Gupta v. State of Himachal Pradesh] A Bench of Justice Tarlok Singh Chauhan opined that because of mushroom growth of journalist and the cut-throat competition amongst the journalists themselves, their standards are declining leading to the decline of the institution of Journalism. It was hearing the plea of an Editor of the Hindi Weekly namely 'Him Ujala' who submitted before the Court that despite working as a Journalist for more than 13 years and winning many awards, his accreditation had been cancelled only on the ground that there are certain FIRs pending against him. 3. "No Means No, The Word 'No' Does Not Need Any Further Explanation : Himachal Pradesh HC Denies Bail To Man Accused Of Raping Minor [Suresh Kumar v. State of Himachal Pradesh] "NO MEANS NO- The simplest of sentences have become the most difficult for some men to understand" observed a single judge bench comprising of Justice Anoop Chitkara while rejecting the bail application filed by a man accused of raping a 17 year old minor. In this case it was alleged that the accused, Suresh Kumar picked up the minor girl, who was also his friend, in his vehicle by offering to drop her to her house. However, he changed the way and started touching her inappropriately. While the girl said NO to him, he threatened the victim that if she started to cry, he will forced himself upon her. Kumar then asked if she would marry him to which the victim responded as a no. Thereafter, he undressed her and had sexual intercourse with her. 4. Police's Job Is To Ensure Social Distancing, Law & Order, They Can't Be Burdened To Bring Files When Accused Has Received Same Under S. 207 CrPC: HP High Court [Amit v. State of Himachal Pradesh] Observing that once the accused receives documents under Section 207, CrPC free of costs, then the State cannot be burdened again and again to bring the police file along with police officials¸ a Single Bench of Justice Anoop Chitkara refused to grant bail to a murder accused. It noted that the requirement of police is more to maintain social distancing and law and order and that they can't be burdened again and again to bring the police file along with the police officials, that too in COVID phase as it will put an unnecessary burden on the infrastructure. 5. "He Appears To Be Pervert, Would Make Life Of Young Friends Of Opposite Gender Miserable": HP High Court Denies Bail To Man Accused Of Raping Minor [Rohit Kumar v. State of Himachal Pradesh] Observing that the conduct of the accused was so "deplorable that it would make the life of young friends belonging to the opposite gender as miserable", a Bench of Justice Anoop Chitkara denied bail to a man who allegedly allured and raped a minor girl. It further remarked, "The accused appears to be pervert and, as such, there is no question to grant the bail to the Accused." As per the statement of the minor victim girl, A-2, who knew the victim, slapped her while she was taking a stroll on the road. Thereafter, the six accused they forced her to undress while A-1 filmed the scene. Thereafter, A-1 caught hold of the victim from her arm and took her to the bushes, where he committed rape upon her. 6. COVID-"Imperative That Front Line Workers Are Made To Work On Rotation Basis Or Else Health System Will Collapse ": Himachal Pradesh HC [Dr. Vishal Koundal v. State of Himachal Pradesh & Ors.] It is imperative that the front line workers are made to work on rotation basis or else the health system is likely to collapse with the sudden and drastic surge in Covid-19 cases" observed a single judge bench comprising of Justice Tarlok Singh Chauhan while dismissing a plea of a doctor challenging his deputation to a Covid Make Shift Hospital. Calling it a "rather...

Himachal Pradesh & Uttarakhand High Courts: 50 Important Decisions Of 2021

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