High Courts Weekly Round-Up

• Asked the Reserve Bank of India to file an affidavit-in-reply in former ICICI bank CEO and MD Chanda Kochhar's plea challenging ICICI's decision to terminate her. Division bench of Justice Ranjit More and Justice SP Tavade heard Kochhar's writ petition which contends that the bank could not have terminated Kochhar retroactively in 2019 when her retirement was approved in October 2018.
• While hearing a PIL filed by Public Concern for Governance Trust seeking effective enforcement and implementation of the Right to Information Act, 2005, the division bench of Justice SC Dharmadhikari and Justice RI Chagla of the High Court held that right to information is implicit and inbuilt in Article 19(1)(a) of Constitution.
• Ruled that in light of the State Government's notification dated August 11, 2008, the Commissioner of Police has powers equivalent to an executive magistrate and district magistrate within the metropolitan area of Brihanmumbai for the purposes of Section 18 and 20 of the Immoral Traffic (Prevention) Act, 1956.
• Granted permission to Prabhu Yeshu Janmotsav to hold the annual Christmas Music Festival on area of 15,000 square meters at Girgaum Chowpatty on Marine Drive, Mumbai.
• Upheld the conviction of gangster Arun Gawali in the murder of Shiv Sena corporator Kamlakar Jamsednakar and life imprisonment awarded to him by Special MCOCA Court. Gawali was convicted under Section 302 of the Indian Penal Code and various sections of the Maharashtra Control of Organized Crime Act, 1999 and sentenced to life.
• Imposed a cost of Rs.10,000 on three petitioners in a case seeking quashing of an order passed by an Additional Collector (Encroachment/Eviction) as they were unable to explain a 'forged' thumb impression that was embossed on behalf of the fourth petitioner on the vakalatnama praying for withdrawal of their writ petition.
• Goa bench, directed the trial court not to allow the Tarun Tejpal's lawyer to ask questions during cross-examination which are irrelevant to the trial of the rape case alleged against him. Justice Nutan Sardessai passed the order in the victim's plea to restrain Tejpal's counsel Shrikant Shivade from asking her "indecent and scandalous" questions.
• While hearing a batch of PILs which ended up exposing the Rs.6,000 crore tribal scam, the High Court observed- "If the State has accepted the Justice Gaikwad Committee's Report and initiated action, it is bound to take it to its logical end. We hope that none would be protected and shielded even if close to the political dispensation, presently in power in the State or the Centre. "

Calcutta High Court

• The Bench led by Justice Amit Sinha, while dismissing a writ petition, said that it is settled law that in domestic enquiries strict rules of evidence is not required to be followed. The charge is decided upon the preponderance of probabilities. The court added, as long as there is some evidence in support of the charges the disciplinary authority can act on the basis of the same.

Chhattisgarh High Court

• The division bench of the High Court, Chief Justice P R Ramachandra Menon and Justice Parth Prateem Sahu, while dealing with an appeal regarding land acquisition said that, the minimum value insisted to be reckoned for the stamp duty payable under the Stamp Act need not necessarily reflect the actual market value always. The court added, it does not mean that a bonafide purchaser cannot show the actual value and pay the requisite stamp duty accordingly.

Delhi High Court

• Stayed the proceedings in a criminal defamation complaint filed against Delhi Chief Minister Arvind Kejriwal for retweeting an alleged defamatory video posted by social media commentator Dhruv Rathee. The single bench of Justice Suresh Kumar Kait has also issued notice to the complainant Vikas Sanskrityayan.
• Directed Delhi Police to ensure that the functioning of the administrative block of the JNU is not locked down by the protesting students. Police is also directed to provide protection to the Vice-Chancellor and Registrar for entering the administrative block.
• Quashed the criminal proceedings for corruption and criminal conspiracy against former Rajya Sabha MP Mahmood Asad Madani. The Single Bench of Justice Suresh Kait held that the Petitioner had no mens rea to commit the crime of conspiracy under section 120B. Moreover, though access amount has been claimed but that is due to inadvertence on the part of P.A. of the petitioner, who did not do it with ill intention.
• Issued notice to Delhi Government, Central Government, Police Commissioner and Bihar Government in a plea asking the authorities to investigate the angle of child labour in the Anaj Mandi case. The petition claims that there's a credible reason to believe that an attempt to cover up the fact that this is a gross case of child labour is underway at the part of the State Authorities.
• While reiterating the difference between 'capable of earning' and 'actual earning', the High Court allowed the grant of interim maintenance to a wife under Section 125 CrPC, notwithstanding that she is an Advocate, enrolled with Bar Council of Delhi. The order passed by Justice Manoj Kumar Ohri in a revision petition, challenging the order of the Family Court which had awarded monthly maintenance of Rs. 33,005/- in favour of the wife.

Himachal Pradesh High Court

• Stopped short of issuing contempt notice against a government officer, only because he stands retired, for rejecting a man's representation for correction of date of birth despite "clear cut" findings of Single Judge in favour of the petitioner.
• A bench of Justice Tarlok Singh Chauhan and Justice Chander Bhushan Barowalia expressed its displeasure while dismissing the appeal of the government against the order of the Tribunal whereby the petition of a man seeking correction of his date of birth was allowed.

Jammu & Kashmir High Court

• A Division Bench of the High Court at Jammu comprising of Chief Justice Gita Mittal and Justice Rajesh Bindal issued notice to the Government of the Union Territory of Jammu and Kashmir as well as the Government of India to produce all Circulars which declared the High Court of J&K and the District Courts as High Security Zones. They also directed the Government of India to consider the deployment of security by the Central Armed Police Force to both the Wings of the High Court as well as all the District Courts.
• Issued notice to striking lawyers to show cause as to why they should not be proceeded against for criminal contempt of court. A Division Bench of Chief Justice Gita Mittal and Justice Rajesh Bindal has taken cognisance of the Lawyers' strike in the various Courts including the High Court, District Courts, Jammu and Kashmir Special Tribunal and Revenue Courts for an indefinite period.

Karnataka High Court

• In a relief to Former Chief Minister of Karnataka, H D Kumaraswamy, the High Court quashed and set aside, three proceedings initiated and pending before a court, against him in 2014, under sections 188 of IPC and 341 of IPC at Chikkaballapura.
• Upheld the conviction and life sentence imposed on Imran Jalal @ BILAL, a member of the banned terrorist organisation Lashkar-e-Toiba, who had conspired to carry out terrorist attacks on major IT companies like Infosys, Wipro, ITP, HAL and Vidhana Soudha in Bengaluru to kill innocent people and to wage war against the Government of India. The police had arrested him with arms and ammunition in 2007.
• Sought response from the State Government, on a plea filed by a former aide of absconding accused Swamy Nithyananda @ Rajashekaran Nithyananda Dhyanapeeta, wanting to transfer the alleged rape case being heard by a court in Ramanagara to any court in Bengaluru.

Madras High Court

• The High Court held that the occupation of hotel room by an unmarried couple is not a criminal offence.
• Declined to grant any relief to Deepa Jayakumar, niece of late Chief Minister J Jayalalithaa, seeking to restrain some filmmakers from going ahead with the biopic of the late leader. However, it directed the producers of the movie titled "Thalaivi" to adhere to the undertaking given by them not to cast a stigma on the applicant and depict her in a single scene.
• "A petition for anticipatory bail is maintainable even if the case has been registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ", stated the High Court led by bench, Justice G.R. Swaminathan.

Patna High Court

• A division bench of the High Court comprising Justices Hemant Kumar Srivastava and Prabhat Kumar Singh held that the consent of the first wife does not give right to a man to solemnize second marriage during the lifetime of first wife.
• The Bench led by Justice Ahsauddin Ammanullah, while delivering an oral judgement said the environmental laws in spite of being substantive law, are required to be strictly implemented in today's world and non confirming to these laws is leading to irreversibly drastic and grave evil consequences on nature and that no slackness can be afforded or permitted on this front.
• Directed the closure of all establishments such as Pathological Laboratories/Diagnostic Centres/ Clinics/ Nursing Homes which has developed illegally in the State of Bihar.