Meghalaya High Court
'No Evidence To Link Accused With Sexual Assault': Meghalaya HC Grants Bail To BJP Leader Bernard Marak In 3-Yr-Old's Rape Case
The Meghalaya High Court on Monday granted bail to BJP leader Bernard Marak in connection with the rape of a three year-old girl, who was allegedly rescued from his farmhouse. The single bench of Justice W. Diengdoh observed, "A case of sexual assault particularly involving a minor girl is very serious, however, even the medical report suggests that any sexual assault perpetrated...
Meghalaya High Court Commences Live Streaming Of Court's Proceedings On YouTube
In an attempt to make it convenient for the litigants and the general public to view the court proceedings from their offices and homes, the Meghalaya High Court has started live streaming its court proceedings on Youtube.A notification to this effect was released on Wednesday by the Registrar General of the High Court stating that this move is likely to benefit young lawyers who will get...
Police Vehicle Scam: Meghalaya High Court Drops Contempt Proceedings Against Home Secretary, Asks State To Book Culprits
The Meghalaya High Court on Wednesday dropped the contempt proceedings initiated against the Home Secretary for 'deliberately disregarding' its orders, trying to 'obfuscate the issue' and standing as an 'impediment to the fact-finding exercise' in relation to the Police Vehicles Corruption Scam. The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh was hearing a...
Sexual Activity With Minor Based On "Bedrock Of Love": Meghalaya High Court Quashes POCSO Case
The Meghalaya High Court, while dealing with a petition filed by the petitioner-accused charged with offences under POCSO and IPC, ordered for the quashing of the offences on grounds that the alleged victim was in a consensual relationship with the accused. The facts which led to the present matter were that the complainant-father had filed an FIR stating that his minor daughter aged...
Can't Equate Act Of Mutual Love Between Young Boyfriend-Girlfriend To 'Sexual Assault' Under POCSO Act: Meghalaya HC
While quashing POCSO charges against a minor's partner, the Meghalaya High Court has observed that the term 'sexual assault' as per the POCSO Act cannot be attributed to an act where there is mutual love and affection between a young couple (boyfriend and girlfriend).The observation came from the bench of Justice W. Diengdoh while disposing of the plea preferred by the POCSO accused and...
'Aggravated Penetrative Sexual Assault' Under POCSO Act Doesn't Require Deep Or Complete Penetration: Meghalaya High Court
The Meghalaya High Court has observed that for the purpose of the POCSO Act, 'Aggravated Penetrative sexual assault' does not require deep or complete penetration and even the slightest amount of penetration would constitute the offence.With this, the bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh confirmed the conviction of a man under Section 5(m) of the POCSO Act who...
Man Who Allegedly Raped, Impregnated Step-Daughter Acquitted | Meghalaya HC Reproves State For Failure To Challenge Order
The Meghalaya High Court recently reproved the state government for its failure to challenge the order and judgment of the trial court acquitting a man/accused who allegedly raped and impregnated his stepdaughter.The bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh also found fault with the state government's act of not conducting a DNA test to ascertain who may have been the...
Meghalaya High Court Grants Bail To Man Who Allegedly Posted On FB That CM Should Be Killed By A Militant Organisation
The Meghalaya High Court on Thursday granted bail to a man booked under UAPA for allegedly posting on Facebook that the Chief Minister of the State, Conrad Kongkal Sangma should be killed by Hynniewtrep National Liberation Council (HNLC).For the uninitiated, the HNLC is an insurgent group that operates in Meghalaya's Khasi and Jayantia hills region. It aims to develop Meghalaya as a...
Appeal U/S 21 NIA Act Not Maintainable Against Order Framing Charges: Meghalaya High Court
The Meghalaya High Court has held that an order framing charges under stringent provisions of UAPA cannot be challenged in appeal under Section 21 of the National Investigation Agency Act.A bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed that the scheme of the NIA Act envisages speedy process of trial and finality of action. Thus, the appeal provision in Section 21 of...
Interviews Mostly Guided By Nepotism In India: Meghalaya HC Bats For Transparent Selection Processes
The Meghalaya High Court has voiced its concern over 'favouritism' and 'nepotism' affecting government's recruitment drives. While referring to Articles 14, 15 and 16 of the Constitution that guarantee equality and non-discrimination, Chief Justice Sanjib Banerjee observed,"Just as religion, race, caste, sex, descent, place of birth, residence are to be kept out of the consideration,...
Failed To Retain Clerical Post In 1989, Cannot Claim Benefits Now: Meghalaya High Court To Assam Rifles Jawan
The High Court of Meghalaya recently ruled that merely because a personnel of Assam Rifles occupied a clerical post for a few months, would not make him entitled to the benefits which people on such positions in the central armed force gained on account of a judgement passed on August 23 in 2012.The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh said: "Merely...
Prohibiting Villagers From Using Public Road Violates Fundamental Rights: Meghalaya HC On Village Durbar Resolution
The High Court of Meghalaya recently observed that a resolution prohibiting two senior citizens from using a village road for transportation of their produce violated their fundamental rights and is manifestly illegal, discriminatory and at the same time punitive in nature.The resolution was passed against the two men by Marwir Village Dorbar after they refused to give No Objection...