Meghalaya High Court
Saket Gokhale Moves Meghalaya HC Seeking Action Against NPP For 'Not Filing' Election Expenditure Details For 2018 Assembly Poll
All-India Trinamool Congress Spokesperson Saket Gokhale has moved the Meghalaya High Court seeking action against the National People's Party (NPP) for not filing its election expenditure report within 75 days of the conduct of the State Assembly Elections 2018 and thereby, violating electoral rules framed after the order of the Apex Court.Gokhale has also stated in his plea that the...
Illegal Coal Mining Continues With State Participation & Encouragement: Meghalaya High Court Issues Contempt Notice To SP, East Jaintia Hills
The Meghalaya High Court on Wednesday said that illegal coal mining in the state continues with "possible State participation and even encouragement".A Full Bench Of Chief Justice Sanjib Banerjee, Justice H.S. Thangkhiew and Justice W. Diengdoh issued contempt notice to the Superintendent of Police, East Jaintia Hills on the basis of a report revealing that illegal mining has endangered Krem...
Teachers of Aided Colleges Can Join Political Organisations & Take Part In Election Activities; Not Bearers of 'Office Of Profit': Meghalaya HC
Quashing an amendment in the Aided College Employees Rules, the Meghalaya High Court on Monday ruled that employees of the educational institutes do not hold an Office of Profit, and if they satisfy the requisite conditions, they cannot be debarred from contesting elections or holding political office.Rejecting the argument that the government exercises deep and pervasive control over...
'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...