Survivors May Have Indulged In Prostitution Doesn't Give Right To Molest Them: Meghalaya High Court Upholds Conviction Of Ex-Cop

The Meghalaya High Court on Wednesday upheld the conviction of a former Meghalaya police officer on charges of molesting and raping two minors in Garo Hills, back in March 2013.A bench comprising Chief Justice Sanjib Banerjee, and Justice Mr. Justice W. Diengdoh observed while hearing the appeal against the POCSO court observed, "Two features that stand out and go some distance in...

Meghalaya High Court Asks CISF To Indicate Its Readiness On Deployment For Curbing Illegal Coal Mining

The Meghalaya High Court on Monday asked the Central Industrial Security Force (CISF) to indicate within fortnight as to how its deployment can be ensured within four weeks in order to check illegal transportation of coal in the State.A Full bench comprising Chief Justice Sanjib Banerjee and Justices H. S. Thangkhiew, W Diengdoh was hearing a suo motu PIL to curb the menace of Illegal...

Meghalaya High Court Rejects State's "Grandiose" Plan To Deploy CRPF For Tackling Illegal Coal Mining

The Meghalaya High Court on Monday rejected the "Grandiose" blueprint prepared by the State government to deploy 100 companies of CRPF in the eastern range and 60 companies in the western range to curb the menace of Illegal Coal Mining.A Full bench comprising Chief Justice Sanjib Banerjee and Justices H. S. Thangkhiew, W Diengdoh observed, "The cost implication, even on a short-term,...

Meghalaya High Court Asks State To Identify 'Kingpins' Of Illegal Coal Mining, Take Appropriate Legal Action

The Meghalaya High Court on Monday expressed hope that the State will take effective steps to identify kingpins of illegal coal mining and take appropriate action in the matter.A full bench comprising Chief Justice Sanjib Banerjee and Justices H. S. Thangkhiew & W. Diengdoh was hearing a Public Interest Litigation on the menace of Illegal Coal Mining in the State. During the hearing Dr...

[Illegal Mining] Meghalaya High Court Calls For Stricter Norms To 'Stop Plundering Of Natural Resources'

The Meghalaya High Court recently directed the State Government for preparation of a blueprint to maintain the condition of roads in the State besides working out a “stricter set of norms” both for checking and control to stop the plundering of the bountiful natural resources available in the State.The observations were made by the division bench of the High Court comprising Chief...

[Tribal District Council Elections] Changes For Granting Equal Rights To Women Should Be Endogenic, Not Imposed By Court: Meghalaya High Court

The Meghalaya High Court recently observed that changes such as granting equal rights to women in elections to local bodies governing tribal communities in the State would be better received if it comes from within the community rather than being imposed by a court order.The observations to this effect came from a bench comprising Chief Justice Sanjib Banerjee and Justice W Diengdoh while...

Meghalaya High Court Junks Plea Challenging Reconstitution Of Meghalaya Waqf Board, Says Petitioners Lack Locus

Meghalaya High Court on Monday dismissed a plea challenging the reconstitution of Meghalaya Waqf Board, observing that the writ petitioners have no locus standi to put a challenge to the impugned notifications, and on the question of maintainability itself, the writ petition fails.The petitioners had contended that the newly constituted Meghalaya Waqf Board is violative of the...

Application Under Section 12 Domestic Violence Act Not A 'Complaint', Does Not Attract Procedure U/S 200-204 CrPC: Meghalaya High Court

The Meghalaya High Court recently ruled that an application under Section 12 of the Domestic Violence Act is not a complaint and the procedure and proceedings under Sections 200(Examination of complainant), 202(postponement of issue of process) and 204 (Issue of Process) CrPC cannot be pursued by the parties or by the Magistrate.The observations were made by a bench comprising Justice W....

Meghalaya High Court Asks State To Devise Schemes, Provide Alternate Livelihoods To Wean Out People Indulging In Rat-Hole Mining

As a mechanism to wean out people indulging in rat hole mining in the hilly state, the Meghalaya High Court on Tuesday suggested the State Government to devise schemes to provide alternative livelihood to the people who have taken to dangerous mining methods for want of opportunities.A division bench comprising Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew Hon’ble and Mr. Justice...

CBI's Jurisdiction Ceases If Chargesheet Lacks PC Act Offences; Specific State Consent Needed To Prosecute: Meghalaya High Court

The Meghalaya High Court recently ruled that the CBI is well within its right to investigate offences under IPC provided they are in nexus with offences under prevention of corruption act. However when the offences under the provisions of the PC Act are dropped from the chargesheet, for CBI to continue its prosecution, specific consent of the State is required as Jurisdiction of the CBI...

Meghalaya High Court Weekly Round Up: February 6 To February 12, 2023

Nominal Index:Shri. Saket S. Gokhale Vs. Election Commission of India & Ors 2023 LiveLaw (Meg) 5Shri Bhalang Shylla & Anr. v. State of Meghalaya 2023 LiveLaw (Meg) 6Shri. Momin Miah Vs State of Meghalaya & Anr. 2023 LiveLaw (Meg) 7In Re: (Suo motu): Illegal mining of coal in the State of Meghalaya v. State of Meghalaya 2023 LiveLaw (Meg) 8Union of India Vs Bina Khongbuh & ors...

Consistency & Finality Of Judgements Paramount Over Correctness In Order To Ensure Judicial Discipline: Meghalaya High Court

The Meghalaya High Court on Thursday declined the impassioned plea on behalf of the Union Of India to at least observe that the judgment or the decision of November 29, 2021 which was being impugned in a Review petition before it, may not operate as a precedent. A Division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed, "Judicial discipline commands that...