Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023

Rajan Ankleshwaria v. Vinni Ankleshwaria 2023 LiveLaw (Guj) 155

Krinaben W/O Tushar Suryakant Trivedi Versus N P Garasiya, Police Sub Inspector, Special Investigation Team 2023 Livelaw (Guj) 156

Nipun Praveen Singhvi Versus State Of Gujarat 2023 Livelaw (Guj) 157

Kutubuddin Ansari Versus State Of Gujarat 2023 Livelaw (Guj) 158

Bhavesh Kamleshbhai Patel Versus Commissioner, Municipality Administration 2023 Livelaw (Guj) 159

LL Citation: 2023 Livelaw (Guj) 160

Chandanji @ Gato Chhanaji Thakor Versus State Of Gujarat 2023 Livelaw (Guj) 161

Child In Conflict With Law Through Guardian Versus State Of Gujarat R/Criminal Revision Application No. 1024 Of 2023 2023 Livelaw (Guj) 162

Judgements/Orders This Week

Orders In Child Custody Matters Interlocutory Not Interim If Rights Of Parents Not Finalised: Gujarat High Court

Case Title: Rajan Ankleshwaria v. Vinni Ankleshwaria

LL Citation: 2023 LiveLaw (Guj) 155

The Gujarat High Court recently held that in a dispute over the custody of a minor child, an order that does not finalise the question of custody qualifies as an interlocutory order and not an interim order, and clarified that an appeal against an interlocutory order is not permissible as per Section 19 of the Family Courts Act.

The division bench of Justices Ashutosh Shastri and Divyesh A. Joshi highlighted that an interlocutory order does not terminate the proceedings or finally decide the rights of the parties and concluded that the rights regarding the return of the child's custody were not finally decided by the impugned order.

[Arnesh Kumar Guidelines] No Contempt Action Against Police Officer Arresting Without Warrant, If Proper Explanation Given To Magistrate: Gujarat HC

Case Title: Krinaben W/O Tushar Suryakant Trivedi Versus N P Garasiya, Police Sub Inspector, Special Investigation Team

LL Citation: 2023 Livelaw (Guj) 156

n a recent ruling by the Gujarat High Court, it was held that contempt of court proceedings cannot be initiated against a police officer for arresting an accused without a warrant, without prior notice under Section 41A of the Criminal Procedure Code (CrPC), if the officer provides a valid explanation before the magistrate.

The division bench of Justices Ashutosh Shashtri and Divyesh A. Joshi observed, “Here in this case on hand, the concerned police officer has narrated the grounds expressly in a clear terms in the check-list at the time of production of the accused and copy of the check-list was given to the concerned court at the time of production of the documents and presentation of the accused, therefore, conscious of the Investigating Officer is satisfied at the time of arrest. The ground mentioned in Section 41A and Section 41(1)(ii)(a) of the CrPC provides “to prevent such person from committing any further offence”.”

Gujarat High Court Directs State To Ensure No Delay Arises In Future In Making Appointments To Gujarat Real Estate Appellate Tribunal

Case Title: Nipun Praveen Singhvi Versus State Of Gujarat

LL Citation: 2023 Livelaw (Guj) 157

The Gujarat High Court has directed the State government to ensure that in future, appointments of the Chairperson and Technical Members of the Gujarat Real Estate Appellate Tribunal, under Section 43 of the Gujarat Real Estate (Regulation and Development) Act, 2016, are not delayed.

The division bench comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee was hearing a PIL filed by Nipun Praveen Singhvi, a practicing advocate and RTI activist. Singhvi sought directions to challenge the composition of the Gujarat Real Estate Appellate Tribunal and demanded the appointment of a Chairperson and Technical Member. He also requested the creation of a website and the transfer of administration from the Urban Development Ministry to the Department of Law and Justice.

Gujarat High Court Upholds Dismissal Of Defamation Case Filed By 2002 Gujarat Riots Victim Against Makers Of 'Rajdhani Express'

Case Title: Kutubuddin Ansari Versus State Of Gujarat

LL Citation: 2023 Livelaw (Guj) 158

The Gujarat High Court has upheld the dismissal of a defamation case filed by the ‘Face’ of 2002 Gujarat Riots, Kutubuddin Ansari, a victim of the riots, against the makers of the 2013 film 'Rajdhani Express.'

The case revolved around the unauthorized use of Ansari's image in the movie, which he claimed had damaged his reputation and personal safety.

Justice Sandeep N Bhatt observed, “It is rightly found by the Courts below that the complainant has not produced any evidence before the lower Court that the accused have used the photograph of the complainant with the intention of damaging the personal reputation of the complainant. Even the lower court has recorded in its order that no evidence has been produced that the complainant has suffered any loss due to such act of the accused.”

Elected Members Must Ensure No Conflict Arises Between Public Duties And Electoral Interest: Gujarat High Court

Case Title: Bhavesh Kamleshbhai Patel Versus Commissioner, Municipality Administration

LL Citation: 2023 Livelaw (Guj) 159

While observing that elected officials must ensure that their public duties do not conflict with their electoral interests and should refrain from actions that could tarnish the credibility of the institution they represent, the Gujarat High Court upheld the removal of a Municipal Councillor for misconduct during the Covid-19 pandemic.

The division bench of Chief Justice Sunita Agarwal And Justice Aniruddha P. Mayee observed, “It is expected from the elected members that they must ensure that no conflict arises between the public duties and their electoral interest. Moreover, they must not ask the officials to act in any way which would create a conflict between their duties and responsibilities. It is further expected that the elected member should not do anything that brings disrepute to the institution to which he is elected or affect its credibility.”

Gujarat HC Denies Anticipatory Bail To Woman Advocate In Conspiracy Case Concerning ‘Repeated Rape’ Of A Minor Girl

LL Citation: 2023 Livelaw (Guj) 160

The Gujarat High Court recently denied bail to a woman advocate facing conspiracy and abetment charges related to the alleged repeated sexual assault, rape of a minor girl.

The bench of Justice Hasmukh D. Suthar noted that prima facie the accused-woman advocate played an active role in the commission of the crime and screened the offender and derailed the investigation and hence, her custodial investigation was necessary.

Gujarat High Court Grants Rs 1 Lakh Compensation To Man Who Was Jailed For 3 Years As Authorities Didn't Notice Email Containing Bail Order

Case Title: Chandanji @ Gato Chhanaji Thakor Versus State Of Gujarat

LL Citation: 2023 Livelaw (Guj) 161

The Gujarat High Court has directed the State to compensate a man who was unjustly incarcerated for nearly three years despite a court order suspending his sentence and granting him bail back in September 2020.

The court ordered the State to grant Rs. 1,00,000 as compensation to the applicant and urged District Legal Services Authorities (DLSAs) to identify similar cases of delayed release.

Referring to the present case is ‘an eye opener’, Justices A. S. Supehia And M. R. Mengdey observed, “Considering the plight of the applicant, who has remained in jail despite the order of this Court due to the negligence on the part of the jail authorities, though he has already released yesterday, we are inclined to grant compensation for his illegal incarceration in the jail for almost three years.”

Gujarat High Court Reiterates Assessment Method For Juvenile Offenders To Be Tried As Adults, Says Their Status As 'Child' Not Disturbed

Case Title: Child In Conflict With Law Through Guardian Versus State Of Gujarat R/Criminal Revision Application No. 1024 Of 2023

LL Citation: 2023 Livelaw (Guj) 162

The Gujarat High Court recently invalidated the decision of a Juvenile Justice Board (JJB) in Vadodara directing a child in conflict with law, booked under various provisions of the IPC and the Arms Act, to be tried as an adult.

In a 131-page judgment, Justice Gita Gopi reiterated the procedures to be followed while assessing such a child under Section 15 of the Juvenile Justice Act 2015.

According to the FIR, the accused had allegedly entered the complainant's house, committed dacoity, and threatened the complainant with dire consequences after looting gold and silver jewellery, along with cash amounting to approximately Rs 16.90 lakh.

Other Developments

Gujarat HC Takes Suo Motu Cognizance Of A News Report About A Rape Case & Queer Student Harassment At GNLU, Seeks Report

The Gujarat High Court has taken a suo moto cognizance of a newspaper report about two separate incidents concerning the Gujarat National Law University, Gandhinagar about rape allegations levelled by a second-year law student against her batchmate and alleged harassment meted out to a male student for being a queer.

Terming the incidents as ‘issues of grave concern’ having a direct impact on the psychological and physical well-being of the students, the bench of Justice AS Supehia and Justice MR Mengdey has issued a notice to the Registrar and Head, Academic Affairs, GNLU.

Defamation Case | Gujarat High Court Refuses Urgent Hearing On Pleas Filed By Arvind Kejriwal, Sanjay Singh Against Summons

The Gujarat High Court on Tuesday refused to grant an urgent hearing to the petitions filed by Delhi Chief Minister Arvind Kejriwal and AAP Rajya Sabha MP Sanjay Singh in connection with Prime Minister Narendra Modi's Academic degree defamation case.

Both AAP leaders have moved the high court seeking the quashing of a summons issued by a Magistrate Court in the defamation complaint filed against them over their alleged comments 'targeting' the Gujarat University seeking educational degree of PM Modi.

‘Working Out To End This’: Gujarat HC CJ Bats Discontinuing Practice In HC Of Issuing ‘Rule' & Hearing Bail Matters 2-3 Weeks Thereafter

The Chief Justice Of Gujarat High Court Sunita Agarwal on Thursday orally remarked that she is working out to end the ongoing practice in HC of issuing rule nisi in bail matters and posting those cases for hearing 2-3 weeks thereafter.

The issue came up before the CJ-led bench today after Senior Advocate and former GHCAA President Asim Pandya sought urgent circulation of a matter concerning the practice in question.

Gujarat High Court Extends Hybrid Mode Of Hearing For All Benches

The Gujarat High Court has announced the extension of its pilot hybrid mode of hearing cases to all courtrooms.

Under the approval and directions of the Chief Justice and Judges of the Standing Committee of the High Court, hybrid hearing will be conducted on a regular basis for all the remaining Division Benches, Single Judge Benches, and Larger Benches formed from time to time, starting from the causelists for 29th September 2023 onwards.

‘PM Modi Degree Not Available In Public Domain’ Argues Kejriwal’s Counsel As Gujarat HC Reserves Verdict In His Review Plea

The Gujarat High Court on Friday reserved its judgment on a review plea filed by the Chief Minister of Delhi Arvind Kejriwal seeking a review of HC's March 31st order setting aside the 2016 order of the Central Information Commission (CIC).

Essentially, the CIC had directed the Gujarat University to disclose and provide details on Prime Minister Narendra Modi's academic degree to the AAP national convener on his RTI application.