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...

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...

Gauhati High Court Calls For Affidavit From Fisheries Dept Detailing Action Taken For Restricting Import, Stock Or Sale Of Fish Preserved With Formaldehyde

The Gauhati High Court has recently issued directions to the Fishery Department, Assam Government to furnish details of the action taken by it in pursuance to the Standard Operating Procedures (SOP) in respect of Kamrup (Metro) district for restricting import/stock/sale of fish imported from other than self-sufficient States by Road/River Route using formaldehyde and indicating the results of...

Gauhati High Court Directs State To Furnish Details Of Interim Measures Taken To Deal With Pollution Of Bharalu River

The Gauhati High Court recently directed the State Government to furnish the details regarding the interim measures to be taken by it to deal with the pollution of the Bharalu River in Guwahati. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a suo moto PIL in which an affidavit was filed on behalf of the Additional Secretary, Department of Urban...

[NDPS Act] Gauhati High Court Sets Aside Conviction Of Accused Due To Non-Compliance With S. 52A, Doubts On Validity Of Seizure

The Gauhati High Court recently set aside the conviction of two accused persons under Section 20(C) read with Section 29 of the NDPS Act on the ground that seizure of the contraband from the possession of the accused persons is doubtful and there was no compliance of Section 52A of the NDPS Act.The single-judge bench of Justice Malasri Nandi observed:“From the evidence of PW 12...

POCSO Act | Charge Of Penetrative Sexual Assault Can Be Invoked In Case Of Non-Tear Of Hymen: Gauhati High Court

The Gauhati High Court has made it clear that the charge of penetrative sexual assault under the POCSO Act can be invoked even on slightest penetration and it is not necessary to show victim's hymen-tear in such cases.It thus set aside the judgement of a trial court by which it acquitted an accused in a criminal case registered under Section 6 of the POCSO Act, on the ground that the trial...

Gauhati High Court Calls For Report From SLSA On Condition Of Children Lodged In Shelter Homes Across State

The Gauhati High Court recently directed the Assam State Legal Services Authority (ASLSA) to instruct the Secretaries of the respective District Legal Services Authorities to take stock of the situation in the shelter homes, particularly regarding the conditions of the children and submit a report before the Court on May 01, 2024. The division bench of Chief Justice Vijay Bishnoi and...