S.451 CrPC | Custody Of Property Subject Matter Of Offence Should Not Be Retained Unless "Absolutely Necessary": Sikkim High Court

The Sikkim High Court recently observed that the power under Section 451 CrPC regarding custody and disposal of property involved in any offence should be exercised expeditiously and judiciously. Justice Bhaskar Raj Pradhan observed,"As the seizure of the vehicle by the police amounts to its entrustment to a government servant, the idea is that the vehicle should be restored...

S. 321 CrPC | Public Prosecutor Has To Show How Public Interest Will Be Served By Withdrawing Prosecution: Sikkim High Court

The Sikkim High Court has recently held that the Public Prosecutor, who seeks to withdraw prosecution under Section 321 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has to show how the public interest will be served by withdrawing prosecution. The Court should be cautious while allowing such applications, if it is only for affecting the proper administration of justice and has...

'Beneficial Nature Of Scheme Can't Be Doubted': Sikkim High Court Disposes Plea Challenging State's "One Family One Job" Policy

The Sikkim High Court has refused to interfere with the State Government's 'One Family One Job' scheme. While hearing a challenge to the state policy, a Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai observed, "As such, the bona fides of the exercise undertaken under the Scheme cannot be held to be suspect since its object and purpose was to provide...

Sikkim High Court Issues Directions To Trace Out Missing Children In The State

The Sikkim High Court has issued certain directions to trace-out missing children in the State. A Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai had earlier directed the State authorities, through the learned Additional Advocate General, to complete the process of installation of CCTV cameras in the remaining seven (7) Police Stations...

Sikkim High Court Issues Directions To Address Indiscriminate Felling Of Trees Under Gangtok Smart City Project

On Monday (10th January), the Sikkim High Court issued directions to the Forest, Environment and Wildlife Management Department, Government of Sikkim to prevent indiscriminate felling of trees in order to implement the Gangtok Smart City proposal. A letter petition from Kailash Pradhan, an Architect from Sikkim concerned about the erratic and rampant felling of trees in...

Recovery Based On Disclosure Statement Made In Another Crime: Supreme Court Acquits Accused In Murder Case

On Thursday (9th December), the Supreme Court opined that recovery under Section 27 of the Evidence Act would not be admissible if the disclosure statement was made in connection to a crime undergoing separate trial, especially when such statement was not made to the jurisdictional police officer. A bench comprising Justices U.U. Lalit, S. Ravindra Bhat and Bela M. Trivedi...

Hope Govt Will Continue To Take Curative Strides In Containing Pandemic: Sikkim High Court Suspends Suo Motu Monitoring Of Covid-19 Situation

The Sikkim High Court has suspended its suo motu monitoring of the Covid-19 situation in the State, upon being convinced that the State Government has taken appropriate steps for establishment of all requisite infrastructure and other necessities to control the situation.A Division Bench of Acting Chief Justice Meenakshi Madan Rai and Justice Bhasker Raj Pradhan disposed of the Public...

Rule Making Reevaluated Candidates Ineligible For Award Of Rank/Prizes Unconstitutional: Sikkim High Court

The High Court of Sikkim held that a Sikkim University regulation that made Reevaluated candidates ineligible for the award of Rank/prizes and medals is unconstitutional.The Division Bench of Acting Chief Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan court held that the provision violates Article 14 of the Constitution since it creates an impermissible classification between...

Permission To Extract Ground Water Must Record Reasons by Ground Water Board Under Environment (Protection) Act, 1986: Sikkim High Court

The High Court of Sikkim observed that permission to extract groundwater granted to the industries in the State must record satisfaction and assign reasons by Central Ground Water Board as per Section 3(2) and Section (5) of the Environment (Protection) Act, 1986. A Division Bench of Chief Justice Jitendra Kumar Maheshwari and Justice Meenakshi Madan Rai expressed surprise on grant of...

Protect Inmates & Staff In All Care Facilities From COVID-19: Sikkim High Court To State

The Sikkim High Court has expressed concern over spread of Covid-19 in various 'Care facilities' and has directed the State to take immediate steps for protection of inmates and staff thereof. A Division Bench comprising of Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan while hearing its suo moto PIL for COVID-19 management, took cognizance of the situation based on a news piece...

'No Progress': Sikkim High Court Expresses Displeasure At Steps Taken By Govt For Construction Of Old Age Homes

Observing that it is the duty of the State Government to produce relevant policies made for the benefit of senior citizens based on Centre's directions, the Sikkim High Court on Friday sought response of the State on its policies as regards to the construction of old age homes. A division bench comprising of Chief Justice Jitendra Kumar Maheshwari and Justice Meenakshi Madan Rai...

Government Tackling Covid-19 In An Unplanned Fashion Despite Studies & Experiences Of Other Countries: Sikkim High Court

"We do not see nor are we provided with a rational and planned thinking process. Emergent situation seem to have been met on need basis," commented the Sikkim High Court with respect to management of the Covid-19 crisis in the State. It observed that although the State Government took several steps to ramp up the health infrastructure and facilities to deal with the deadly virus, it...