Environment Protection Inseparable Part Of Right To Life Under Article 21: Rajasthan HC Initiates Suo Moto PIL On Encroachment Of Water Bodies

The Rajasthan High Court has taken suo motu cognizance of the rampant encroachments and illegal constructions on the riverbeds and many other water bodies terming it as direct violation of the Water (Prevention and Control of Pollution) Act 1974, and inaction on part of the government administration.Justice Anoop Kumar Dhand highlighted that conservation and protection of environment is...

Prior To 2015 Amendment Act, Non-Disclosure Of Information Per Se Not A Ground To Incur Disqualification U/S 12 Of Arbitration Act: Rajasthan High Court

The Rajasthan High Court Bench of Justices Pushpendra Singh Bhati and Munnuri Laxman held that under section 12 of the Arbitration Act after the amendment act of 2015, there is a specific reference of ineligibility in the circumstances referred under the Seventh Schedule. This means per se there is an ineligibility if there exists any circumstance, which is specifically referred to in the...

Withholding Retiral Benefits Due To Pending Criminal Case Unrelated To Employee's Official Duties Violates Right To Life: Rajasthan HC

Rajasthan High Court ruled that withholding retirement benefits of an employee only on the ground of pendency of criminal proceedings which had nothing to do with the official duties was unjustified and violative of right to life because these were the sources by which the employee arrange for their necessities post retirement.“The pension, gratuity and other retiral benefits are the...

Adverse Police Report Cannot Be A Ground For Refusing Parole: Rajasthan High Court

Rajasthan High Court has ruled that if the parole applicant did not suffer from any ineligibility for his/her release under Rule 16 of the Rajasthan Prisoners Release on Parole Rules, 2021 (the Rules), an adverse police report could not be a ground in itself for refusing the parole.The division bench of Justice Pushpendra Singh Bhati and Justice Manoj Kumar Garg observed that parole was a...

State Adding Seats Few Months After Onset Of Recruitment Process But Not Revising Eligibility Cut-Off Date Against 'Equal Opportunity': Rajasthan HC

In a matter concerning recruitment of compounders/ nurses in the AYUSH department, the Rajasthan High Court said that splitting the additional vacancies arising after commencement of the process, into "two fractions" in the guise of the relevant service rules, is illegal and violates the candidates fundamental rights. The high court further said that Rule 16 of Rajasthan Ayurvedic,...

Minor Survivor's Testimony Not Shaken Despite Lengthy Cross Examination: Rajasthan High Court Upholds 33 Yrs Old Attempt To Rape Conviction

The Jaipur bench of the Rajasthan High Court recently upheld a 33-year-old trial court order convicting a man for attempting to rape a minor girl, while noting that the girl's version of the incident had not been "shaken" even though she was subjected to lengthy cross-examination by the defence. In doing so the high court underscored that the girl's statement has to be seen in the light of...

Delay In Recording Testimony Of Key Witness Raises Doubts Over Its Credibility: Rajasthan High Court Reiterates

While hearing a case wherein the witness had testified after a year claiming he had "seen" the men booked for murder, the Jodhpur bench of the Rajasthan High Court reiterated that "delay" in providing crucial evidence raises doubts on the veracity of the star witness's testimony. Noting that there were no direct eye witnesses nor were the alleged assailants identified immediately, the...

No Prior Approval U/S 17A Prevention Of Corruption Act For Laying 'Trap' Against Public Servant Demanding Illegal Gratification: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court has said that no prior approval is required under Section 17A of the Prevention of Corruption (PC) Act to "trap" a public servant who allegedly demands gratification.In doing so, the high court further said that the provision is only triggered if there is allegation of an offence committed under the PC Act. A single judge bench of Justice...

Mere Ownership Of Vehicle Unauthorisedly Carrying Contraband Doesn't Imply Involvement In Offence Under NDPS Act: Rajasthan High Court

While granting bail to an accused charged under the NDPS Act in relation to 964 Kgs of poppy straw, the bench of Justice Rajendra Prakash Soni at the Rajasthan High Court ruled that mere ownership or connection with the vehicle, from which the contraband was recovered, did not imply accused's knowledge or actual involvement in the crime.The facts of the case were that the police found a...

Rajasthan HC Refuses Bail To Uncle Booked For Rape; Says Sexual Offence Involving Family Graver, Slight Contradictions In Minor's Testimony Not Fatal

Rajasthan High Court has ruled that certain contradictions in the statements of a minor victim, especially of sexual abuse, was likely due to traumatic nature of such incidents, and such minor inconsistencies in the victim's testimony were not sufficient to grant bail to the accused when the overall credibility of the allegations remained intact.The bench of Justice Rajendra Prakash Soni...

Burning Dead Body Inside Someone's House Disrespectful, An Act Of Desecration: Rajasthan High Court

Rajasthan High Court has rejected bail applications of two persons accused of trespassing the complainant's house with 40-50 people carrying arms and weapons, vandalizing it, and burning a girl's dead body inside the house.“Involvement of 40-50 individuals and the blatant act of entering the complainant's home to commit these atrocities demonstrates a profound disregard for the law. Given...

Rajasthan HC Permits Accused To Virtually Join Trial From Jail, Notes Unnecessary Financial Burden On State Providing Security For His Travel

Rajasthan High Court has allowed an accused's plea for exemption from physical appearance before the trial court and permitted him to attend the proceedings, including recording of witness statements, through video conferencing, on the ground of the accused apprehending threat to security from the enemy gangs during travel.“…it is deemed appropriate that the petitioner's physical presence...