Indiscriminate Freezing Of Bank Accounts Of Non‑Accused Violates Articles 19(1)(g), 21: Delhi High Court

The Delhi High Court has held that blanket and disproportionate freezing of bank accounts, especially where the account holder is neither an accused nor even a suspect, is “manifestly arbitrary” and violates Articles 21 and 19(1)(g) of the Constitution of India.“….any blanket or disproportionate freezing of bank accounts, particularly where the account holder is neither an accused nor even a suspect in the offence under investigation, is manifestly arbitrary, and in the teeth of the fundamental...

Allahabad High Court Issues Notice On Plea Challenging Vires Of 'UP X-Ray Rules' For Non-Inclusion Of BMRD Degree For Technician Post

The Allahabad High Court (Lucknow Bench) last week issued notice to the Advocate General on a petition challenging the vires of the Uttar Pradesh X-Ray Technician Service Rules, 1986, which currently exclude degree holders from appointment to the post of X-Ray Technician. Finding a prima facie case for consideration, a Bench of Justice Sangeeta Chandra and Justice Amitabh Kumar Rai posted the matter for February 27. Briefly, the writ petition has been filed by 4 candidates who hold a...

J&K&L High Court Stays Defamation Proceedings Against Film Director Aditya Dhar Over 'Article 370' Movie

The High Court of Jammu & Kashmir and Ladakh has stayed further proceedings in a criminal defamation complaint filed against filmmaker Aditya Dhar and others, arising out of the feature film Article 370.The order was passed by Justice Moksha Khajuria Kazmi in a petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, assailing the criminal complaint as well as the order passed by the Forest Magistrate, Srinagar in terms of which pre cognisance summons had...

'Humiliating': Allahabad High Court Sets Aside Single Judge's Order Asking Student To Display 'Won't Misbehave With Girls' Placard

The Allahabad High Court on Wednesday set aside a direction passed by a Single Judge asking a rusticated university student to stand at the university gate for 30 minutes (for 30 days) carrying a placard with the message that he would "never misbehave with any girl". Terming the direction as unjustified and humiliating, a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra added that such a punishment would leave a "permanent scar" on the student's character. Briefly...

High Court Refuses To Revise Final Result Of Delhi Judicial Services Exam 2023, Says Interference May Open Floodgates

The Delhi High Court has rejected a plea seeking revision of the final result of Delhi Judicial Services Examination, 2023, observing that judicial interference may open floodgates, leading to cascading consequences and rendering the process unworkable.A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that Courts must exercise restraint and accord due latitude to examining authorities in the regulation of academic and evaluating matters.The Court said...

Child Custody Guidelines | Delhi High Court Refers PIL For 'Parenting Plan' To Administrative Side; Committee To Decide On Policy

The Delhi High Court on Wednesday asked a PIL petitioner, who sought the formulation of structured 'Child Access and Custody Guidelines' and a 'Parenting Plan', to approach the HC on its Administrative Side for policy formulation regarding the issue. A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia thus disposed of a PIL plea filed by the Ayushman Initiative for Child Rights and the Ekam Nyaay Foundation, observing that the matter was to be considered by the ...

Delhi High Court Calls For Integration Of Non-FIR Complaint Data, Pending & Decided Court Cases On NCRB Portal

The Delhi High Court has called for integration of data of complaint cases which do not result in FIRs as also cases which are pending or decided by the competent Courts on the National Crime Records Bureau (NCRB) portal. A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain asked the Director of NCRB as also DDG of National Informatics Centre (NIC) to file status reports as to whether any steps have been contemplated for integrating the said data on the NCRB portal. The...

Noida Techie Death Case | Allahabad High Court Orders Immediate Release Of 'MZ Wiztown Planners' Director

The Allahabad High Court on Thursday ordered the immediate release of Abhay Kumar, director of MZ Wiztown Planners, who was arrested last month in connection with the drowning of software engineer Yuvraj Mehta in a waterlogged pit near a construction site in Uttar Pradesh's Noida. A Bench of Justice Siddhartha and Justice Jai Krishna Upadhyay observed that his arrest was carried out in violation of the High Court's recent judgment in the case of Umang Rastogi and Another...

S.53A CrPC | Patna High Court Calls For Sensitisation Of Police To Conduct Medical Examination Of Accused In Sexual Offence Cases

The Patna High Court has described Section 53A of the Code of Criminal Procedure as a “forgotten provision” and observed that the time has come to sensitise the police to ensure medical examination of the accused in sexual offence cases is conducted immediately after arrest, failing which vital gaps are left in the investigation.A Division Bench comprising Justice Bibek Chaudhuri and Justice Ansul was hearing a criminal appeal against a conviction under Section 376 IPC read with Section 6 of the...

Long Incarceration Alone Not Ground For Bail In Commercial Quantity NDPS Case If Accused Has Criminal Antecedents: Kerala High Court

The Kerala High Court has reiterated that a person found in possession of commercial quantity of narcotic drugs would not be eligible for grant of bail merely because of long incarceration if the twin conditions under Section 37 under the Narcotic Drugs and Psychotropic Substances Act are not satisfied or if he has criminal antecedents.As per Section 37 of the Act, in cases where the Public Prosecutor opposes the bail application of a person accused of offences involving commercial quantity,...

Calcutta High Court Quashes Criminal Case Against WBFC Official Visiting Borrower's House For Loan Recovery, Calls It Abuse Of Process

The Calcutta High Court has quashed criminal proceedings against a senior retired official of the West Bengal Financial Corporation (WBFC), holding that continuation of the case would amount to a gross abuse of the process of law. The Court found that the FIR and subsequent charge-sheet, arising out of an alleged incident of trespass, criminal intimidation and outraging modesty, were lodged with an ulterior motive to stall loan recovery proceedings initiated by WBFC.Justice Chaitali Chatterjee...

'Unique Crime Against Inanimate Object': Karnataka High Court Stays Criminal Trespass FIR Against Drone

The Karnataka High Court in an interim order on Friday (February 6) stayed an FIR registered by the Police against a drone, booked for allegedly trespassing into a property in Doddaballapura, remarking that the case presented a unique crime registered against an inanimate object. After hearing the matter, Justice M Nagaprasanna in his order dictated:"The case projects a unique crime...