Allahabad High Court 1. Allahabad High Court Issues Show Cause Notice To State Election Commission Over Death Of 135 Panchayat Election Duty Staff Due To Covid19 [In-Re Inhuman Condition At Quarantine Centres…] A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar took Judicial notice of the death of 135 persons, who were on election duty during Panchayat...
Allahabad High Court
1. Allahabad High Court Issues Show Cause Notice To State Election Commission Over Death Of 135 Panchayat Election Duty Staff Due To Covid19 [In-Re Inhuman Condition At Quarantine Centres…]
A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar took Judicial notice of the death of 135 persons, who were on election duty during Panchayat elections in the State, due to Covid-19. The Court has asked the Election Commission to show cause why action may not be taken against it and its officials for such violations.
"It appears that neither the police nor, Election Commission did anything to save the people on election duty from getting infected by this deadly virus," it observed while issuing notice to the UP State Election Commission, Lucknow to explain as to why it failed in checking non-compliance of Covid guidelines during various phases of the panchayat elections.
Activist Saket Gokhale has moved the Allahabad High Court seeking to restrain UP Government from taking coercive action against such persons who appeal for Oxygen supply and other medical assistance on social media.
He also seeks protection of independent volunteers who are helping Covid-19 patients and their families by collecting information on oxygen and medicine availability on social media platforms including Facebook, Twitter, Instagram, Whatsapp.
UP Chief Minister Yogi Adityanath on Sunday asserted at a virtual press meet that there is no shortage of oxygen in any private or public COVID-19 hospital in the State and that action under National Security Act may be taken against people spreading "rumours" on social media.
3. "UP Govt. Went Complacent Due To Weakening Of COVID Virus Impact By End Of 2020, Posterity Will Not Forgive Us If We Let People Die": Allahabad High Court [In-Re Inhuman Condition At Quarantine Centres…]
It is now an open secret that government had gone complacent due to weakening of virus impact by the end of 2020 in the state and the government got more involved in other activities including Panchayat elections. Had it been constantly vigilant, it would have prepared itself to face the onslaught of the pandemic in its second wave...Posterity would never forgive us if we remain oblivious to the real public health issues and let the people die for want of adequate health care," remarked a Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar while taking stock of the chaotic situation in the state due to lack of medical and healthcare facilities.
It asked the Government to shun the attitude of 'my way or no way' and to take welcome suggestions from all the quarters. It issued a slew of directions to the UP Government to ramp up the currently saturated public health infrastructure and has sought for a blue print in that regard by the next date of hearing on May 3.
Andhra Pradesh High Court
A Division Bench comprising of Justice Joymalya Bagchi and Justice M. Ganga Rao held that the bar against hearing of election disputes by Courts under Article 329 of the Constitution shall prevail over the High Court's powers to issue writs under Article 226 of the Constitution.
Article 329(b) states that elections to the Parliament or to the Legislature of any State shall not be called in question before a Court of Law except by an election petition presented to such authority and in such manner as may be provided for in the law.
The observation was made in a writ petition seeking to countermand the polling conducted in the Tirupati District on April 17, on the ground of fraudulent polling and booth capturing.
Also Read: Andhra Pradesh High Court Extends Life Of All Interim Orders Till June 30
The Bench of Chief Justice Arup Kumar Goswami and Justice C. Praveen Kumar called upon the State Government to respond to a petition filed seeking stay on the conduct of State Board's S.S.C. and Intermediate examinations. It also suo motu impleaded the Andhra Pradesh Board of Secondary Education and the Andhra Pradesh Board of Intermediate Education.
The petitioners submitted before the Court that the COVID-19 pandemic, in the current wave, had resulted in a very grim and alarming situation affecting a large number of people, requiring hospitalization in many cases and that because of the increasing number of cases, the entire healthcare system was seriously tested. Thus, the decision to conduct Intermediate examinations from 05th May 2021, had the potential of severely compromising health and well-being of not only the students taking the examinations, but also of other stakeholders.
Bombay High Court
1. Bombay High Court Directs Police To Trace Out Remdesivir Boxes Unloaded By BJP MP Sujay Vikhe Patil [Satyajeet Dilip Gholap & Ors. v. Arun Punjaji Kadu & Ors.]
A division bench of Justices Ravindra Ghuge and BU Debadwar took strong exception to a press conference held by the Ahmednagar District Collector to support BJP MP Dr.Sujay Vikhe Patil in relation to his alleged unauthorized procurement and distribution of Remdesivir drug.
The court was hearing a petition seeking directions for an FIR against BJP MP Patil from the Ahmednagar constituency for the alleged illegal procurement and distribution of Remdesivir injections via a chartered flight from Delhi to Shirdi.
It directed the District Superintendent of Police, Ahmednagar, to trace out the boxes containing Remdesivir injections unloaded by the MP at the Shirdi Airport and place a report on May 3, 2021.
Also Read: Bombay High Court Takes Suo Moto Case To Ensure Swift Action Against Remdesivir Black marketers
2. 'We Don't Want Hospitals To Be Potential Jatugrihas' : Bombay High Court on Frequent Hospital Fires in Maharashtra [Sneha Nirav Marjadi v. State of Maharashtra]
Taking judicial note of the frequent hospital fires in the State of Maharashtra, a Division Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni said it would expand the scope of the PILs regarding Covid-management on Thursday and asked the civic authorities to ensure all the hospitals are fire compliant.
"First there was an incident in Bhandup, then in Virar, then Nashik, and now in Thane. We are going to expand the scope of this writ... Shouldn't you conduct fire audits in every hospital?" Chief Justice asked, noting that four patients died at a hospital in the Thane hospital yesterday.
Calling himself a whistle-blower "who has tried to highlight corruption in the highest public office" and seeking protection at par with a whistle-blower, former Mumbai Police Commissioner Param Bir Singh has approached the Bombay High Court again. The petition filed by Singh challenges two preliminary enquiries initiated against him by the Maharashtra government.
The petition calls these enquiries a violation of the Constitution of India's Article 14 (equality before law), Article 19 (1)(a) (right to freedom of speech and expression) and Article 21 (right to live with dignity) of the petitioner, Param Bir Singh.
4. Bombay High Court Directs PSU To Use CSR Funds To Set Up Oxygen Plants For Hospitals [Court on its own motion v. Union of India & Ors.]
With an aim of oxygen supply in Nagpur region, a Division Bench of Justices Sunil B. Shukre and Avinash G. Gharote directed the Manganese Ore India Ltd, a Public Sector Undertaking, to utilize its Corporate Social Responsibility(CSR) funds for setting upoxygen generation, storage and distribution plants att he hospitals indicated by the District Collector, Nagpur.
To deal with the emergent oxygen crisis, the Bench directed the District Collector, Nagpur to accelerate the process of augmenting oxygen supply capacity in the district. It ordered the Collector to take immediate steps for setting up individual oxygen generation plants at GMC, IGMC, and AIIMS, Nagpur, by taking necessary approvals within the next 48 hours.
5. WhatsApp Group Administrator Not Liable For Member's Objectionable Post If There Is No Common Intention : Bombay High Court [Kishor Tarone v. State of Maharashtra & Anr.]
A Whatsapp group administrator cannot be held liable for objectionable content posted by a member of the group, in the absence of common intention, a Division Bench of division bench of Justices ZA Haq and MA Borkar at Nagpur held.
The court observed that merely acting as an administrator of a group on the messaging app 'Whatsapp, would not amount to 'common intention' as the administrator cannot regulate content before it is posted on the group.
Calcutta High Court
A Bench of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee expressed its hope that political parties, their candidates, and the supporters would adhere to the COVID-19 Protocols on counting Day (May 2) keeping in view the COVID-19 pandemic situation.
2. Media Could Be Proactive But Has To Be Sensitive, Sensationalism Is Anathema To Responsible Journalism: Calcutta High Court [Durga Pada Mallick v. Election Commission of India]
Dealing with a plea seeking strict enforcement of Section126(1)(b) of the Representation of the People Act, 1951, a Bench of Chief Justice Thottathil B Radhakrishnan and Justice Arijit Banerjee remarked, "Sensationalism is anathema to responsible and responsive journalism."
The provision states that no person shall display to the public any election matter by means of cinematograph television or other similar apparatus in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
Chhattisgarh High Court
1. COVID-19- "Take Prudent Step To Ensure No Patient Loses Life In State Due To Cessation of Oxygen Supply": Chhattisgarh HC To Govt. [Suo Moto PIL v. State of Chhattisgarh & Ors.]
In suo moto cognizance matter related to the tsunamic second wave of the COVID-19 pandemic and the inadequacy in medical infrastructure to tackle the same, a Bench of Chief Justice P. R. Ramachandra Menon and Justice Parth Prateem Sahu directed the State Government to convene a meeting of all concerned to take stock of the situation as to the Oxygen supply/availability as on date and the imminent future requirement.
"Prudent steps shall be taken forthwith to ensure that no patient loses life in this State, for cessation of supply of Oxygen," it observed.
Delhi High Court
A division Bench of Justice Vipin Sanghi and Justice Rekha Palli asked Centre's response regarding Delhi government's submissions with respect to differences in demanded and allocated amounts of various states. The Court has granted SG Mehta one day's time to respond and place it on record.
The response has been sought after submissions were made before the Court stating that while Delhi is not getting the allocated supply, MP and Maharashtra are getting more oxygen supply than was asked.
2. "Its Unthinkable, We Never Asked For Any Preferential Treatment": Delhi High Court Slams Delhi Govt For its Order Giving 5-Star Covid Facility For Judges [In Re: Setting up of Covid Healthcare]
A division Bench of Justice Vipin Sanghi and Rekha Palli confronted the Delhi Government for its recent order to use 100 rooms of Ashoka Hotel, New Delhi for setting up of COVID Health facility for the use of Justices, other judicial officers of Delhi High Court, and their families.
It clarified that contrary to what the order suggests, no such request has been made by the Delhi High Court. The Court has asked the Delhi Government to take corrective steps in terms of the order, or else the Court will quash it.
Latest Update: 5-Star Covid Facility For Judges : Delhi High Court Closes Suo Moto Case After Delhi Government Withdraws Order
A Bench comprising of Justice Vipin Sanghi and Justice Rekha Palli thrashed the Delhi Government on distribution of medical oxygen supply after the submissions by one of the suppliers namely Seth Air on its failure of supply oxygen to Maharaja Agrasen Hospital.
Terming the stand of the supplier as being unreasonable and completely false, the Court remarked thus: "Get your house in order. Enough is enough. If you can't do it, tell us, we will ask Central govt to take over. People are dying!"
Also Read: Supply Of Oxygen: Delhi High Court Directs Meeting Between Govt, Hospital And Suppliers
4. 'Stoppage Of Oxygen Tankers By One State Will Have Snowballing Effect' : Delhi High Court Urges Rajasthan To Ensure Unobstructed Passage [Rakesh Malhotra v. GNCTD]
Pulling up the State of Rajasthan for detaining cryogenic tankers moved by INOX from the State, a division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli observed that any intervention in the Central Government's plan for supplying medical oxygen in the Country would "tantamount to endangering hundreds of human life, if not more."
The Court also went ahead to observe that it serves no purpose for anyone to cause any obstruction in the smooth flow of the much needed medical oxygen supply.
5. "We Have To Shun Selfishness": Delhi High Court Appeals To Sellers Not To Resort To Hoarding, Black Marketing Of Oxygen Cylinders, Medicines [Bhavreen Kandhari v. GNCTD]
"We, appeal to the good sense of the people, including the sellers of necessary medicines and Oxygen, to not to resort to hoarding of, and black marketing of Oxygen cylinders, Oxygen flow metres or medicines, and to make them available to the needy people," observed a division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli while hearing bunch of petitions concerning oxygen shortage and covid 19 crisis in the national capital.
The said remark came after the bench took note of the issue of black marketing and hoarding of essential covid 19 medicines and oxygen cylinders. "Hoarding of medicines or Oxygen cylinders/ flow metresleads to artificial scarcity, to an extent which may not be there," the Bench observed.
6. "Procured Only Out Of Desperation And Need": HC Directs Delhi Police To Release Covid Medicines, Oxygen Seized From Possession Of Patients Or Attendants [Venkateshwar Hospital v. GNCTD]
A division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli directed the Delhi Police to immediately release Remdesivir or other covid drug and oxygen cylinders seized from the possession of patients or their attendants after observing that they would have procured the same only out of desperation and in need.
It however directed that the Police will be duty bound to conduct investigation in such cases, cooperation of which shall be given by public at large.
7. Delhi High Court Directs Insurance Companies To Communicate Their Approval To Hospitals Within 30 To 60 Minutes To Ensure Discharge Of COVID Patients In Time [Vinay Jaidka v. Chief Secretary]
A single judge bench comprising of Justice Pratibha M Singh directed Insurance Regulatory and Development Authority of India (IRDAI) to issue immediate instructions to insurance companies/their agents to ensure that whenever requests are received for approval for discharge of patients who were affected by COVID-19 and are covered by insurance policies, no delay occurs in giving the approvals.
It asked them to communicate their approvals to the concerned hospitals/establishments within a maximum time period of 30 to 60 minutes, in order to ensure that the discharge of the patients is not delayed in any manner.
A division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli directed the Government of NCT of Delhi to file report with regards to deaths that have taken place at hospitals, nursing homes due to shortage of oxygen. "We will also have to compensate these people for dying due to lack of oxygen. Its the responsibility of the State," the Bench observed.
The Court also directed to file an affidavit providing the status of liquid and gaseous oxygen and refillers by tomorrow morning. The Court also directed the Oxygen refillers to provide data on the government's portal.
Other developments:
- Plea Filed In Delhi High Court Seeking Directions For Dignified Cremation/ Burial Of Covid-19 Victims
- Plea In Delhi High Court Seeks Court Monitored Probe Into Alleged Siphoning Of Funds Collected Under CM Covid-19 Relief Fund
- Plea in Delhi High Court Seeks Action Against Politicians Hoarding And Illegally Distributing Covid 19 Medicines, Prays Detention Under NSA
- "Cannot Claim Exclusivity On 'Pe' Suffix": Delhi High Court Refuses To Grant Interim Relief To PhonePe In Its Plea Against BharatPe
Gauhati High Court
A Division Bench of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak directed the Social Welfare Department of the State Government to make arrangement for finances for three shelter homes situated in the State of Assam.
The Court was presiding over a PIL which largely pertained to an issue relating to shelter homes in Assam which are three in numbers, one at Kamrup (Metro), another at Dhubri District, and the third is at Bongaigaon. These are the shelter homes for members of the transgender community.
Gujarat High Court
A Decision Bench of Chief Justice Vikram Nath and Bhargav D Karia expressed its unhappiness over the response filed by the State Government with respect to the Covid-19 situation in the State.
The main issue which the Court discussed was a policy of admitting only such patients who arrive in 108 Ambulance and denying admission to such Covid-19 patients who reach hospitals in a private vehicle. "No matter from which vehicle (private or government) patients are coming to the hospitals. How can doctors say that if you are not coming from a 108 ambulance, we will not treat you and will let you die?" the Bench remarked.
As a measure of abundant caution and to prevent the spread of Covid-19 infection in the State, the Gujarat High Court has been directing that prisoners whose bail pleas are allowed, should be made to undergo the Covid-19 Test.
"It is only in the even that applicant is tested negative, benefit of this order shall be given to him and he shall be released on temporary bail," the Court prescribed in at least seven bail orders.
Jammu & Kashmir High Court
1. 'Appropriate Steps Being Taken For Vaccination Of Under-Trials & Prisoners': J&K Administration Tells High Court [Naseem Qadri & Anr. v. Union of India & Ors.]
The Government of Union Territory of Jammu and Kashmir informed a Division Bench comprising of Chief Justice Pankaj Mithal and Justice Rajnesh Oswal that it is taking all relevant steps to ensure that all prisoners, whether convicted or under-trial, are inoculated against the Covid-19 virus.
The development comes in a PIL filed by one Naseem Qadri, seeking registration and the vaccination of all prisoners in the UT.
2. Jammu & Kashmir High Court Quashes State's Circular Mandating Re-Registration Of Vehicles Registered Outside J&K [Zahoor Ahmad Bhat v. Government of J&K & Ors.]
A Division Bench at Srinagar comprising of Justices Vinod Chatterji Koul and Ali Mohammad Magrey quashed a Circular issued by RTO, Kashmir, mandating the vehicle owners who have purchased their vehicles from outside Jammu and Kashmir, bearing outside registration mark, to apply for a new registration mark in the UT.
It observed that the circular does not meet the requirement of Section 47 of the Motor Vehicles Act and unnecessarily affects vehicles entering the UT. Section 47 of the Act provides that provides that when a motor vehicle registered in one State has been kept in another State, for a period exceeding 12 months, the owner of the vehicle shall apply to the Registering Authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark.
Jharkhand High Court
1. COVID19: 'Black Marketing Of Life Saving Drugs': Jharkhand HC Raps Drug Controller, Asks Govt To Ensure Adequate Supply Of Drugs, Oxygen [Court on its own motion v. State of Jharkhand & Ors.]
A division bench comprising of Chief Justice Ravi Ranjan and Justice Sujit Narayan Prasad came down heavily on the Drug Controller (for the State of Jharkhand) for her failure to discharge her duties and putting a check on black marketing of life-saving drugs.
It sought a report from the State Government regarding steps taken to maintain adequate supply of life-saving drugs and oxygen in different hospitals, both private as well as Government.
Karnataka High Court
1. Most Unfortunate That A Former HC Judge Paid Bribe For Governor Post : Karnataka High Court [Yuvaraj v. State of Karnataka]
A single-judge bench of Justice K Natarajan observed that "It is most unfortunate that a former Judge of the High Court has paid bribe to the petitioner for securing the Post of Governor, which act of the complainant not only lowered the prestige of a Judge and also affected the image of the Governor's post."
The observation was made while refusing to grant bail to Yuvaraj Swami who allegedly duped the former judge to the tune of Rs 8.50 crore. The petitioner had approached the court seeking bail in different crimes registered against him by the Cyber Crime Police, High Grounds Police and Jnanabharathi Police for the offences punishable under Sections 406, 418, 419, 420, 504 and 506 of IPC and under Section 66 of the Information Technology Act, 2000.
A division bench of Chief Justice Abhay Oka and Justice Aravind Kumar directed the Government Of India to immediately consider the request which would be made by the State Government seeking to increase the cap on supply of Remdesivir and Oxygen allotment to the state, in view of the increase in Covid-19 cases.
The court also directed the State and BBMP to permanently put up on all the helpdesk outside covid hospitals the contact number of the Deputy Drug controller in-charge of supply of remdesivir, so that relatives can easily contact the drug controller for getting Remdesivir.
Other developments:
- Give Food Ration Kits, Stop Pay Cuts For Labourers During Lockdown : AICCTU Seek Directions From Karnataka High Court To State
- Karnataka High Court Directs State To Implement Scheme For Providing Sanitary Napkins To Adolescent School Girls
Kerala High Court
1. Not Considering SC Dictum Is A Serious Matter: Kerala HC Judge Who Quashed Rape Charges Against Accused Citing Marriage 'Recalls' Orders [X v. X & Ors.]
Following orders quashing rape and child sexual assualt charges against various accused, the Kerala High Court in a special sitting on Wednesday suo motu recalled three of these orders. A Bench of Justice K Haripal revoked three of his orders where the cases were quashed on the grounds of the marriage of the accused to the survivors.
"When the dictum laid down by the Hon'ble Supreme Court is not considered, it is a serious matter and therefore, there is no legal impediment in recalling the orders in the above Crl. M. C.s. The orders allowing the Crl. M.C.s are hereby recalled, suo motu", the Court ruled.
2. COVID- When Citizens Are Pushed To Precipice, Unexpendable Role Of State To Control Profiteering By Anyone, Even Pvt Hospitals: Kerala HC [Advocate Sabu Thomas v. State of Kerala]
A Division Bench of Justices Devan Ramachandran and MR Anitha declared that the State has an unexpendable role in controlling and containing attempts to profiteer off of the situation prevailing in the state. the observation was made in a petition seeking uniform COVID-19 treatment tariffs across private hospitals, labs, and diagnostic centers in the state.
Voicing its concern at the petitioner's submissions, the Court stated that the state's roles in regulating costs would be fraught with legal and procedural difficulties. However, the Court continued, when citizens were being pushed to the precipice, "the State has an unexpendable role to control and contain profiteering and the chase of lucre by any stakeholder - including private hospitals"
After news reports carried accounts of a woman jumping off a train to escape a theft and possibly a rape bid, a Single Bench of Justice Bechu Kurian Thomas instituted suo motu proceedings to take stock of safety measures in trains.
It directed the State Government and Railway Officials to sit together with the State Police and discuss mechanisms to improve safety on trains. Justice Thomas instructed that the suggestions so drawn be placed before the Court in six weeks. "It is hoped that the fears of the travelling public will be allayed," the Court expressed.
4. "EC, Govt Mandates Cannot Merely Rest On Paper" : Kerala High Court Calls For Effective Compliance With COVID Norms On Poll Counting Day [Dr KP Pradeep v. State of Kerala & Ors.]
A Division Bench of Justices Devan Ramachandran and MR Anitha in a strongly-ordered enjoined the Election Commission of India, District Collectors (District Electoral Officers), and Commissioners/Superintendents of Police to ensure effective compliance with COVID protocols on the day votes polled in the Kerala Assembly Elections are counted.
The Court's observations came in response to a writ petition moved by lawyer Dr KP Pradeep who appeared in his case in-person. His petition sought a declaration that all kinds of public and social gatherings, processions or parades in the 'name of election oriented or organisational activities by the political parties' be termed unconstitutional and illegal when COVID-19 protocols are in force.
5. 'A Jurisdiction Of Suspicion': Kerala High Court Lays Down Guidelines For Detention Under Preventive Detention Laws [Wahida Ashraf v. Union of India]
A Division Bench of Justices AK Jayasankaran Nambiar and Gopinath P prescribed safeguards against arbitrary and unjustified invasion of personal liberty in cases of preventive detention.
The judgment stresses, "…if the detaining authority wants to preventively detain a smuggler, it can certainly do so, but only in accordance with the provisions of the constitution and the law, and if there is a breach of any such provision, the rule of law requires that the detenu must be set at liberty, however wicked or mischievous he may be."
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6. Cooperative Society Can't Claim Citizen's Fundamental Rights : Kerala High Court Upholds Ordinances Merging District Cooperative Banks [Kodur Service Co-Operative Bank Ltd. & Ors. v. State of Kerala & Ors.]
A Single Bench of Justice Raja Vijayaraghavan upheld Ordinances amending the Kerala Cooperative Society Act to merge District Cooperative Banks in the state with the Kerala State Cooperative Bank. The challenge raised…to the constitutional validity to the amendment made...vide Ordinance 6 of 2020 and repromulgated…has to necessarily fail on all grounds," it said.
The Court underscored that Article 19(1)(c) protects the rights of citizens to associate. Relying on a High Court ruling that declared that cooperative societies were not citizens in terms of Article 19(1)(c), the Court pointed out, "It is one thing to say that a citizen has a right to form a co-operative society and quite another thing to say that a member society has a right to form a central society."
7. Criminal Proceedings Can Be Quashed At Post-Conviction Stage Invoking Power U/S 482 CrPC Upon Settlement Between Victim & Convict: Kerala High Court [Soban v. State of Kerala]
Criminal proceedings involving non-compoundable offence can be quashed at post-conviction stage invoking the power under Section 482 of the Code of Criminal Procedure upon a settlement between the convict and the victim, a Single Bench of Justice Kauser Edappagath held. It added that there cannot be limitation on such powers for being exercised only prior to conviction of an accused
"If requirements of S.482 of Cr.P.C were satisfied in the sense that it was necessary to prevent abuse of the process of any Court or to secure the ends of justice, the criminal proceedings involving non-compoundable offence could be quashed notwithstanding the fact that the order of conviction was already passed against the accused provided offence in question does not fall in the category of offences prohibited for compounding in terms of the pronouncement of the Apex Court," observed the Court.
8. Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court [Saharath VP v. State of Kerala]
In a bail order, a Bench comprising of Justice Ashok Menon underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured.
The applicant sought default bail under Section 167 of the Code of Criminal Procedure on the ground that the chargesheet, originally filed within the statutory limits, was re-presented after the time period. The jurisdictional court had returned the chargesheet as the copy of the drug disposal committee was not seen handed over to the accused. This was subsequently rectified.
Other developments:
- Youth Congress Leaders Move Kerala High Court Against "Exorbitantly High" COVID Test Rates In Private Labs Across Kerala
- Arbitrary Price Fixation, Centre Obtains 50% Of Vaccine Doses At Discounted Fair Price: Plea #4 In Kerala High Court Against Vaccine Policy
- ICAI's Refusal To Recognise CA's Retirement From Previous Firm And Register New Firm Offends Article 19(1)(g): Kerala High Court
- To Arise A Right Under Bank Guarantee Agreement, Demand Has To Be Made Within Validity Period Of Agreement : Kerala High Court
Madhya Pradesh High Court
1. COVID-It Is A Pity That People Are Dying Due to Lack of Oxygen, There Is No Reason Why Govt. Cannot Invest To Set Up PSA Oxygen Plants In Each Districts: HC Pulls up MP Govt. [Suo Moto v. Union of India & Ors.]
"It is a pity that people are dying in the hospitals due to lack of oxygen," observed a division bench comprising of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan looking at the Covid-19 situation in the State.
It noted that there is no reason why the Government cannot invest an amount of Rs. 50 Crore to set up one PSA Oxygen Plants in each District. "There is no liquid oxygen manufacturing plant in the entire State. Since there is possibility of third wave of Covid-19 in the coming months, it is the duty of the State to take steps to ensure that such plants are set up in the State," the order stated.
A division bench comprising of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan appealed to all State Governments and their respective Police and Transport authorities for providing green corridors to the tankers carrying liquid medical oxygen involving it's inter-state movement to ensure timely delivery of oxygen at their desired destinations.
3. MP High Court Rejects Plea Seeking Action Against Election Commission For Conducting Elections In 5 States Violating COVID Norms [Phool Chand Paliwal & Ors. v. Union of India & Ors.]
A Division Bench of Chief Justice Mohammad Rafiq and Justice Atul Sreedharan disposed of a plea filed seeking actions against the Election Commission of India for the State Legislative Assemblies of West Bengal, Assam, Tamil Nadu, Pondicherry and Kerala, by violating the COVID protocol, guidelines.
Refusing to entertain the plea, it remarked, "The present dispute in respect of the elections which had taken place in the other States on the specious plea that mere travel of political leaders, party activists or passengers by trains, by air or even by road, to and from, those States would confer territorial jurisdiction of the dispute upon this Court."
4. Can NSA Be Invoked In A Case Of Trading Adulterated Food, Harmful And Dangerous To Large Number Of Citizens? MP High Court (FB) Answers [Kamal Khare v. State of MP & Ors.]
A Full Bench comprising of Chief Justice Mohammad Rafiq, Justice Rajeev Kumar Dubey and Justice Vijay Kumar Shukla delivered a significant judgment pertaining to the power of detaining authorities to invoke the stringent provisions of National Security Act, when offence is committed under a particular Act. It held that personal liberty of an individual is the most precious and prized right guaranteed under the Constitution.
Thus, the detaining authority is under an obligation to ensure that it exercises its powers with due caution as well as upon a proper appreciation of the facts as to whether the impugned acts are indeed in any way prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order.
Madras High Court
A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy came down heavily on the Election Commission of India for allowing political rallies during the COVID-19 pandemic. A visibly upset CJ told the Election Commission's counsel "Your institution is singularly responsible for the second wave of COVID-19".
The Chief Justice went to the extent of orally saying "Your officers should be booked on murder charges probably". The Chief Justice observed that the Commission had failed to enforce COVID norms regarding wearing of facemasks, use of sanitizers and maintaining social distancing during election campaigning, despite court orders.
Justice N. Anand Venkatesh remarked that he is not fully "woke" to the concept of same-sex relationships and that he will undertake an education session with a psychologist to understand the same. The psycho-education session, the Judge said, will help me understand same-sex relationships better and will pave way for my evolution.
The development happened during hearing of a protection plea filed by a same-sex couple. The Judge had earlier asked the couple and their parents to undergo counselling in order to understand each other better. As there was significant progress between the parties, the Court was asked to issue certain guidelines to deal with cases of similar nature, so that persons involved in same sex relationships are treated with dignity and their safety is also ensured.
It is at this juncture that Justice Venkatesh observed, "Insofar as the request made by the learned counsel for the petitioners for setting out guidelines in cases of this nature is concerned, I want to give myself some more time to churn."
A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said that had authorities had made proper plans and taken measures during last one year, the present 'tsunami of COVID19 infections could have been avoided.
"You had all of last year to plan and take a decision. If it had been done, we would not be in this situation…. We were lulled into a false sense of security only to be hit by this tsunami of infection now", it orally remarked.
Also Read: What Centre Has Been Doing For Past 14 Months? Madras High Court Questions COVID Management Plan
Also Read: Madras High Court To Remain Closed For Summer Vacation From May 1 To May 31
A division bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said that the Election Commission of India, State Government and the political parties should ensure that the counting day does not become a "super-spreader" event for COVID19 pandemic.
It was examining the steps taken by the Election Commission and the State Government to ensure COVID appropriate behavior on the day of counting of votes, May 2. It was informed that the Election Commission has banned victory rallies and marches on the counting day. "Whatever we do, political class will not care...On the street, no one gives a second thought...You have to take steps", Chief Justice told the Election Commission and State Government.
5. Consider Taking Up RTI Cases On COVID-19 Issues For At Least 3-4 Hours Every Day: Madras High Court Tells Information Commission [Saurav Das v. Union of India & Ors.]
A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy asked the Central and State Information Commissions to consider a representation made by journalist Saurav Das for expeditious disposal of RTI cases pertaining to Covid-related issues.It observed, "It may do well for the State and the Centre to consider whether, particularly during the present Covid crisis, benches of the State Information Commission and the Chief Information Commission can take up matters on the virtual mode upon indicating an e-filing system to deal with Covid-related matters at least for three or four hours a day."
Other developments:
- Madras High Court Dismisses Plea Against Appointment Of Retd. Justice S. Baskaran As Chairperson Of State Human Rights Commission
- 'Ensure That Elephants Held In Captivity By Temples Are Treated In A Humane & Dignified Manner': Madras High Court To Authorities
- Madras High Court Constitutes Committee To Make Recommendations On Insurance Cover For 65,000 Lawyers
Orissa High Court
A Division Bench comprising of Chief Justice Dr. S. Muralidhar and Justice BP Routray directed the State Government to ensure that no prison inmate is denied vaccination only on the ground that the inmate is unable to get registered on the COWIN portal. "Alternate arrangements should be made to ensure that vaccination is not denied to such inmate," it ordered.
Also Read: Orissa High Court, Subordinate Courts To Remain Closed For Summer Vacations From May 3 To June 5
Also Read: Orissa High Court Extends Life Of Interim Orders Until June 30
Patna High Court
1. Acute Shortage Of Oxygen Exists In Bihar, Ensure That Oxygen Quota Fixed For Bihar Is Made Available To State: Patna High Court To Centre [Shivani Kaushik v. Union of India & Ors.]
Noting that there was an acute shortage of medical oxygen in the State, particularly in the hospitals treating COVID patients, a Division bench of Justice Chakradhari Sharan Singh and Justice Mohit Kumar Shah directed the Central Government, Ministry of Health and Family Welfare, Government of India to take all possible measures to ensure that the quota fixed for the State Government.
The Court was hearing a suo motu case concerning reported deficient healthcare facilities in the State to meet the challenges posed by the second wave of COVID-19 pandemic.
2. Problems Faced By Orphanages, Old Age Homes & Centre For Disabled Persons Due To COVID: Patna HC Directs State To Create Helpline Number [Parul Prasad v. State of Bihar & Ors.]
A Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar directed Government of Bihar to forthwith create a dedicated Toll-Free Help Line number for dealing with the problems arising out of the pandemic (Corana-Virus) as may be faced by Orphanages, Old Age Homes and Centres for disabled persons.
Punjab & Haryana High Court
1. "Situation Is Indeed Grave; Initiate Action Against Hoarders": P&H High Court Revives Plea Concerning Covid Facilities In Punjab, Haryana & UT Chandigarh [Rishi v. State of Haryana]
Reviving the disposed of petition concerning COVID-related facilities in States of Punjab, Haryana and UT of Chandigarh, a Bench of Justice Rajan Gupta and Justice Karamjit Singh observed that the situation was "indeed grave".
It was hearing amicus curiae Senior Advocate Rupinder Singh Khosla's application filed before High Court seeking revival of the said petition highlighting the critical situation of covid patients and shortage of oxygen supply faced by Hospitals.
It was contended that a grave situation had arisen in all the three states in view of the non-availability of essential drugs such as Remdesivir and Tocilizumab. Oxygen, ICU Beds, ventilators, and oxygen concentrators are in short supply due to which a number of deaths are being reported.
Also Read: COVID Surge: Punjab & Haryana High Court Extends The Life Of Interim Orders, Directions Till June 30
2. Prohibition Of Child Marriage Law Does Not Differentiate On Basis Of Religion: Punjab & Haryana High Court [Jaspreet Kaur & Anr. v. State of Punjab & Ors.]
A Single Bench of Justice Amol Rattan Singh observed that even though Muslim Personal law permits marriage upon attaining the age of puberty, the Prohibition of Child Marriage Act, 2006 is a secular law and does not make any such distinction on the basis of religion. The law prescribes 18 years as the minimum marriageable age for a female and 21 years for a male.
While allowing the protection petition of an inter-faith runway couple, the Court observed that if upon verification of the age certificates furnished by the parties, the age of the girl is found to be below 18 years of age, then action may be taken under the Child Marriage Act.
Rajasthan High Court
The High Court issued notices to the Central Government, State Government on a plea challenging differential pricing of the vaccine for the Centre and the State.
The petition, filed by Journalist Mukesh Sharma through Advocates Abhay Kumar Bhandari & Siddharth Bapna submits that Serum Institute of India & Bharat Biotech International Limited have adopted differential pricing for COVID vaccines for the Government of India, State Governments and the private entities in violation of Articles-14 and 21 of the Constitution of India.
Telangana High Court
1. 'Do Lives Matter Or Elections?': Telangana High Court Asks State Election Commission Over Decision To Conduct Local Elections Amid Covid-19 Pandemic [R. Sameer Ahmed v. State of Telangana & Ors.]
A Division Bench of Chief Justice Hima Kohli and Justice B. Vijaysen Reddy pulled up the State Election Commission for allowing campaigning and holding elections amid the havoc created by second wave of the Covid-19 pandemic. "Are elections necessary at this time when Covid-19 is creating a havoc? Do the people's lives matter or the elections?" it asked.
The Court asked the Commission as to why it had decided to hold elections in April when the second wave was rising in February itself. It also censured the State Government for giving its concurrence to hold elections in the middle of a pandemic.
2. Covid-19: 'Even In Death Human Bodies Are Not Being Treated With The Dignity They Deserve': Telangana High Court [R. Sameer Ahmed v. State of Telangana & Ors.]
A Division Bench comprising of Chief Justice Hima Kohli and Justice B. Vijaysen Reddy took exception to the mess that the families of victims of Covid-19 are being made to undergo for cremation of their loved ones.
"Even in death, human bodies are not being treated with the dignity they deserve" observed the Court on being informed that it has become "virtually impossible" to find transport to ferry the dead bodies from hospitals/ homes to the cremation grounds/burial grounds.
The Court was also informed that due to increase in mortality rate, dead bodies are piling up waiting to be cremated due to paucity of space and non-availability of adequate facilities and man power.
Also Read: Telangana High Court To Remain Closed For Summer Vacations From May 3 To May 31
3. 'Hate Messages': Telangana High Court Asks Home Ministry To Consider Representation For Registration Of FIR Against Twitter, Users [Khaja Aijazuddin v. Govt of India & Ors.]
A Division Bench comprising of Chief Justice Hima Kohli and Justice B. Vijaysen Reddy asked the Central Government to consider a representation seeking FIR against Twitter and its users, who are spreading hatred messages through the social media app.
While disposing of the PIL against circulation of "islamophobic" posts on the platform, the Court asked the Home Ministry to consider the averments made in the petition and take appropriate steps.
Uttarakhand High Court
A Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma observed that the State is fighting a major war against the pandemic and that despite the substantial steps taken by the State Government, still certain concrete steps needed to be taken by the State Government in order to protect the people from the onslaught of the pandemic.
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