Gauhati High Court
Gauhati HC Commutes Death Sentence On Ground That Trial Court Failed To Consider Convict's Possibility Of Rehabilitation & Social Integration
The Gauhati High Court recently commuted the death sentence of a convict to life imprisonment on the ground that the trial court while imposing the ultimate penalty of death, failed to take into consideration the possibility of his reformation, rehabilitation and social reintegration.The division bench of Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita observed that there are no special reasons to impose the death penalty and the mitigating factors in the present case are sufficient to...
Gauhati HC Allows Plea By Riflemen Challenging 'Break In Service' Due To Discharge Based On Unsubstantiated Claims Of Not Being Medically Fit
The Gauhati High Court has recently allowed a writ petition over the issue of treatment of appointment from the initial year of 2001, filed by six Rifleman (GD) of Assam Rifles who were discharged from service in 2001 on the ground that they were medically unfit during their basic training.A single-judge bench of Justice Sanjay Kumar Medhi observed:“……this Court is of the considered opinion that the claim of the petitioners to hold their appointment from the year 2001 appears to be justified as...
[APSC Cash-For-Jobs Case] Gauhati High Court Upholds Order Changing Status Of Suspended APS Officer Sukanya Das From Witness To Accused
The Gauhati High Court recently upheld an order of the Special Judge by which the status of the suspended APS officer Sukanya Das was changed from a witness to an accused in the APSC cash for job case under various provisions of the Prevention of Corruption Act, 1988 and IPC.The single judge of Justice Mridul Kumar Kalita observed:“There is nothing in the impugned order which shows that the learned Special Judge has taken cognizance of offence, under Section 5 of the Prevention of Corruption...
Gauhati High Court Asks State's Finance Dept About Compensation To 'Batadrava Police Station Arson' Accused Whose Houses Were Demolished
The Gauhati High Court on Friday granted a week's time to State's Finance Department to apprise the Court as to by what time the compensation would be paid to those whose houses at Batadrava in Assam Nagaon's district were demolished by Assam Police in May, 2022. The said affected persons are accused of arson in Batadrava Police Station in May, 2022 and their houses were allegedly bulldozed...
Gauhati High Court Queries Assam Govt On Steps To Improve Shelter Homes
The Gauhati High Court recently directed the State Government to file affidavit detailing out the measures which it has taken or proposed to take to cure the deficiencies pointed by the District Legal Services Authorities in respect of the shelter homes of different categories. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was a hearing a suo moto PIL...
Solid Waste 'Mismanagement' In Assam: Gauhati High Court Seeks Response From Union Environment Ministry, CPCB
The Gauhati High Court recently asked the Union Environment Ministry and the Central Pollution Control Board to file their response in a bunch of PILs alleging mismanagement of solid waste in Assam.The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam further directed the Pollution Control Board, Assam and the State's Housing and Urban Affairs Department to also...
Reinstatement With Continuity of Service And Back Wages Is General Rule, Relief May Be Enhanced Considering Nature Of Misconduct By Management: Gujarat High Court
The Gujarat High Court division bench ofJustice Biren Vaishnav and Justice Pranav Trivedi held that in cases of wrongful termination, reinstatement with continuity of service and back wages is the general rule. The relief granted to the workmen might be enhanced if other wrongful conduct on the part of the Management is found. The High Court found that the Workman, employed as...
Gauhati High Court Asks State's Agriculture Dept To Quell Doubts About Employment Status, Wages Of Muster Roll Workers
The Gauhati High Court recently directed Assam's Agriculture Department to furnish records of three letters issued in the years 2017 and 2018 to quell doubts regarding the employment status of muster roll workers and wages due to them. The direction came in a writ petition filed by 43 petitioners making a claim of payment of their wages in lieu of services rendered as Muster Roll Workers in...
Accused Has Right To Speedy Trial But Non-Appearance Of Investing Officer Caused 2 Yrs Delay: Gauhati High Court Seeks DGP's Intervention
The Gauhati High Court recently asked for instructions from Assam DGP as regards the prosecuting policy of the State in a case where an Investigating Officer has not appeared before the Trial Court to depose for almost two years, causing delay in the trial.The single judge bench of Justice Arun Dev Choudhury noted that such situation cannot be allowed to continue inasmuch as an accused is...
Gauhati High Court Directs Nagaland Govt To Decide Whether Employees Of Advocate General's Office Are Entitled To Secretariat-Level Pay Scale
The Gauhati High Court at Kohima recently directed the State of Nagaland to decide whether the employees of the establishment of the office of the Advocate General, Nagaland are entitled to the pay scale of Secretariat employees.The said direction was passed by the single judge bench of Justice Parthivjyoti Saikia while hearing an application under Article 226 of the Constitution of...
Gauhati High Court Directs Mising Autonomous Council To Conduct Survey, Show How It Has Provided Relief To Economically Backward Families
The Gauhati High Court recently directed the Mising Autonomous Council (MAC) to submit before it, the decision to conduct a survey and how the MAC has provided relief to economically backward families.The MAC is a council established to look after the affairs of the Mising people who are the second largest tribe of the region, after the Bodos, and reside in the Dhemaji, Lakhimpur,...
Gauhati High Court Seeks Assam Govt's Response To PIL Challenging Repeal Of Muslim Marriages & Divorces Act
The Gauhati High Court has recently asked the Assam Government to file its response by June 24 in a plea challenging the repeal of the Assam Muslim Marriages and Divorces Registration Act of 1935. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam has issued notice to the State Government in a writ petition filed by the All Assam Muslim Marriage and Divorces Registrar...