High Courts Weekly Round Up [July 24, 2021 – July 31, 2021]

Allahabad High Court Bar Assoc. Resolution To Not Appear In Criminal Cases Involving Lawyers Is Unconstitutional, Against Professional Advocacy Ethics: Allahabad HC (Mohammad Ahmad Khan v. State Of U.P. & Another) The High Court has held that a resolution passed by the Bar Associations that none of its members will do pairvi in any criminal case against a member Advocate or his family members is not only un-constitutional, against the ethics of professional advocacy as well as against the concept of Articles 14, 21 and 22(1) of the Constitution of India. The Bench of Justice Mohd. Faiz Alam Khan observed thus: "…such resolutions are not only unconstitutional, against the ethics of professional advocacy as well as against the concept of Article 14, 21 and 22(1) of the Constitution of India. In the considered opinion of this Court equal opportunity to secure justice could not be denied to any citizen of this country." "Heinous Crime": Allahabad High Court Affirms Detention Of 3 Under NSA Who Allegedly Burnt A Young Girl To Death (Lalit Gupta v. Union of India & Ors) The High Court affirmed the detention of 3 men under National Security Act, 1980 who are accused of burning a young girl alive by pouring petrol, on account of which she died. The Bench of Justice Ramesh Sinha and Justice Narendra Kumar Johari observed that on account of this heinous crime, public order was disturbed and parents living in the area had stopped the children from going to school especially, the daughters were forbidden. Attack On Ex-Army Man- "State Govt. Continuously Showing Inaction Against Shameful Act Of Local Cop": Allahabad High Court (Resham Singh v. State Of Uttar Pradesh & Ors.) The High Court observed that the State Government was continuously showing inaction against the prima facie shameful act of the local policeman. It hearing the plea filed by an ex-soldier of the Indian Army alleging that he was humiliated and brutally tortured by the Uttar Pradesh Police, t The Bench of Justice Surya Prakash Kesarwani and Justice Gautam Chowdhary specifically observed thus: "...we are constraint to observe that State Government is continuously prima facie showing inaction against the prima facie shameful act of the local policeman. The prevailing situation can not be tolerated". The Benefit Of First Exception To S. 499 IPC Can't Be Claimed At The Stage Of Issuance Of Summons: Allahabad High Court (Rajesh Churiwala v. State of U.P. and Another) The High Court recently held that the Defence of public good as an exception to the offence of Defamation as defined under Section 499 of Indian Penal Code being a question of fact can't be looked into during the stage of issuance of summons. The Bench of Justice Dr Yogendra Kumar Srivastava observed thus: "The benefit of the first exception (to section 499 IPC) cannot be claimed at the stage of issuance of summons". Allahabad High Court Bats For Installation Of CCTV Cameras In All Sections Of HC For Transparency In Court's Working (Prabodha Nand Giri & Ors v. State of U.P. and Another) In an attempt to "control and monitor" the activities of various sections of the High Court with a view to having better court management as well as transparency in its working, the High Court directed the Registrar General of the Court to propose the idea of installing CCTV in all the sections of the Courtroom to the Acting Chief Justice. The Bench of Justice Vivek Agarwal directed the Registrar General to place the proposal before the Acting Chief Justice within 7 days for obtaining consent of Hon'ble the Acting Chief Justice in regard to the installation of CCTV cameras in all sections of the High Court. Collector, Add'l Commissioner Not Expected To Blindly Follow Action Of Junior Staff Who Harass Common & Poor People: Allahabad High Court (Rajpal v. Additional Commissioner And 6 Others) The High Court recently observed that it is not expected from the officers like Collector and Additional Commissioner to blindly follow the action of junior staff who are there to harass the common and poor people of the State. The Bench of Justice Rohit Ranjan Agarwal observed that the right which had accrued to the petitioner way back in the year 2007 (in connection with a piece of land) was withdrawn by one stroke of the pen by an officer. Andhra Pradesh PIL Seeking Optical Fiber Network, IT Infra. For District Courts: Andhra Pradesh High Court Seeks Centre, State Govt. Response The High Court sought Central and State Governments' response on a Public Interest Litigation (PIL) Petition which seeks dedicated optical fiber network with supporting IT infrastructure for the District and Mofussil courts. The Bench of Chief Justice Arup Kumar Goswami and Justice Ninala Jayasurya issued the notices returnable within 8 weeks. Plea In Andhra Pradesh HC Against Non-Vaccination Of Lawyers: State Undertakes To Hold Drive...

High Courts Weekly Round Up [July 24, 2021 – July 31, 2021]

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