Allahabad High Court Weekly Round Up: September 12 To September 18, 2022

Vikas Gupta Versus Union Of India 2022 LiveLaw (AB) 431

Varun Gupta Versus Union Of India 2022 LiveLaw (AB) 432

Aditya Kumar v. Union Of India Through Narcotic Control Bureau, Lucknow 2022 LiveLaw (AB) 433

State of U.P. v. Mahfooz Ansari And 6 Ors 2022 LiveLaw (AB) 434

Anil Gaur @ Sonu @ Sonu Tomar v. State of U.P. 2022 LiveLaw (AB) 435

Mohd. Aman Khan v. Union of India and others 2022 LiveLaw (AB) 436

Ram Sewak v. State Of U.P.Thru.Prin.Secy.Home Lucknow And Ors 2022 LiveLaw (AB) 437

Judgments/Orders of the week

PCIT Failed To Recorded Satisfaction Under His Signature Prior To Issuance Of Reassessment Notice By AO: Allahabad High Court

Case Title: Vikas Gupta Versus Union Of India

Citation: 2022 LiveLaw (AB) 431

The Allahabad High Court has held that the Principal Commissioner of Income Tax (PCIT) has not recorded satisfaction under his signature prior to the issuance of a reassessment notice by the Assessing Officer under Section 148 of the Act, 1961.

The division bench of Justice Surya Prakash Kesarwani and Justice Chandra Kumar Rai has observed that subsequent to the issuance of the reassessment notice by the Assessing Officer, the satisfaction under section 151 was digitally signed by the Prescribed Authority. Therefore, at the point of time when the Assessing Officer issued notices, he had no jurisdiction to issue the reassessment notices. Consequently, the notices issued by the Assessing Officer under section 148 were without jurisdiction.

GST Dept. Made Attachment Without Recording Opinion And Referring To Any Tangible Material: Allahabad High Court Imposes Cost

Case Title: Varun Gupta Versus Union Of India

Citation: 2022 LiveLaw (AB) 432

The Allahabad High Court has held that the department has neither recorded the opinion nor referred to any tangible material which necessitated him to pass the provisional attachment order to protect the interest of the government revenue.

The division bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has directed the department to pay the cost of Rs. 50,000 to the petitioner/assessee.

Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused

Case title - Aditya Kumar v. Union Of India Through Narcotic Control Bureau, Lucknow [CRIMINAL MISC. BAIL APPLICATION No. - 42918 of 2021]

Case Citation: 2022 LiveLaw (AB) 433

The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses.

The bench of Justice Subhash Vidyarthi observed that although the search and seizure were conducted at a Railway Station, there was no independent witness to the alleged recovery as the constables of the Railway Police Force cannot be said to be independent witnesses.

Huge Time Gap Between The Point When Accused-Deceased Seen Together & Time Of Death: Allahabad HC Upholds Acquittal Of 7 Murder Accused

Case title - State of U.P. v. Mahfooz Ansari And 6 Ors. [GOVERNMENT APPEAL No. - 316 of 2019]

Case Citation: 2022 LiveLaw (AB) 434

The Allahabad High Court upheld the acquittal of 7 murder accused in view of the fact that there was an enormous time gap between the point of time when the accused and the deceased were last seen alive together and when the deceased was found dead.

The bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar further took into account that there were material contradictions and inconsistencies in the statement of the eyewitness, there was a delay in lodging of the FIR, followed by the fact that CDR details did not match or mark the presence of accused with the deceased.

Right To File Bail Plea Sans Delay & Access To Legal Aid 'Intertwined': Allahabad HC Suggests Positive Measures For Undertrial Prisoners

Case title - Anil Gaur @ Sonu @ Sonu Tomar v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 16961 of 2022]

Case Citation: 2022 LiveLaw (AB) 435

Emphasizing that the rights to file a bail without delay and access to legal aid of an eligible prisoner are intertwined, the Allahabad High Court suggested some significant positive measures so as to overcome the delay in filing of bail pleas by undertrial prisoners in absence of proper legal aid.

"The right of moving a bail application becomes illusory and personal liberty remains a distant dream if the right to legal aid of an entitled prisoner is not effectuated," the Bench of Justice Ajay Bhanot observed as it directed the State Legal Services Authority to devise a scheme for such undertrial prisoners who are unable to filed bail pleas due to lack of proper access to legal aid.

Anti-CAA Protests At AMU | Students Shouldn't Indulge In Such Activities Which Bring Bad Name To Great Educational Institutions: Allahabad HC

Case title - Mohd. Aman Khan v. Union of India and others [CRIMINAL MISC. WRIT PETITION No. - 26085 of 2019]

Case Citation: 2022 LiveLaw (AB) 436

"The students take admissions in Universities or any educational Institution for the purpose of education and not indulge in these kind of activities, which brings bad name to the great educational Institutions," remarked the Allahabad High Court as it dismissed a bunch of pleas raising issues pertaining to certain incidents (during the Anti-CAA Protest) which took place in Aligarh Muslim University in December 2019.

The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir dismissed the pleas as it took into account an inquiry report of the National Human Rights Commission (NHRC) submitted pursuant to the HC's directions, recommendations made therein, and the state government's response to it.

"Crime Against Minor Girl Can Disturb Public Order Even If Committed In A Secluded Place": Allahabad HC Upholds NSA Detention Order in Rape-Murder Case

Case title - Ram Sewak v. State Of U.P.Thru.Prin.Secy.Home Lucknow And Ors. [HABEAS CORPUS WRIT PETITION No. - 30758 of 2021]

Case Citation: 2022 LiveLaw (AB) 437

The Allahabad High Court upheld an order of the District Magistrate passed against a rape-murder accused under Section 3 (2) of the National Security Act, 1980 as it noted that crimes against minor girls create a sensation in the locality and it is bound to disturb public order.

With this, the bench of Justice Rajan Roy and Justice Shekhar Kumar Yadav dismissed a habeas corpus plea filed by the accused (Ram Sewak) challenging the detention order passed against him by the DM under the National Security Act, 1980.

Other updates from the High Court

Allahabad High Court Allows Termination Of 23-Week Pregnancy Of 12-Year-Old Rape Survivor To 'Free Her Of The Trauma & Social Miseries'

The Allahabad High Court on Monday allowed a Writ Petition that was filed before it to terminate the 24-week-old pregnancy of a 12-year-old rape survivor.

Keeping in view the report of the medical board, the bench Justice Attau Rahman Masoodi and Justice Om Prakash Shukla permitted the medical experts to proceed with the challenge of terminating the pregnancy in the interest of justice.

It may be noted that when the case had come up for hearing on September 8, 2022, the Court had ordered the constitution of a Medical Board for examining the victim and the plea for medical termination of pregnancy.

'Hisab Kitab' Remark Case: Allahabad High Court Grants 2 Weeks' Time To UP Govt To Spell Out Criminal History Of MLA Abbas Ansari

The Allahabad High Court has granted two weeks' time to the Uttar Pradesh Government to spell out details related to the criminal history of Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case.

Essentially, the bench of Justice Samit Gopal was hearing the charge sheet quashing plea filed by Mau Sadar MLA Abbas Ansari in connection with the Hisab-Kitab Remark case, wherein he is facing a criminal case for his alleged statement threatening the government officials with payback at a public rally in Mau district in March 2022.

Allahabad High Court Orders CBI Probe Into Alleged 'Fake' Case Registered By UP Police Personnel Against Dalit Family Members

The Allahabad High Court directed the CBI to probe a kidnapping case against two persons/accused after they alleged that they were being implicated in false cases at the behest of 35 UP Police Personnel.

The bench of Justice Suneet Kumar and Justice Syed Waiz Mian ordered thus on a Writ plea moved by the Accused petitioners belonging to a Dalit family seeking a fair investigation into the allegedly 'fake' kidnapping case registered against them.