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High Courts Weekly Round Up [July 19, 2021 To July 25, 2021]

LIVELAW NEWS NETWORK
25 July 2021 2:40 PM GMT
High Courts Weekly Round Up [July 19, 2021 To July 25, 2021]
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Allahabad High Court Allahabad HC Takes Suo Moto Cognizance Of Noise Pollution By Modified Silencers Specifically On 'Bullets' (Suo moto (PIL) v. State of UP & Ors.) Comparing the menace of noise pollution with the legend of Hydra, the High Court today took suo moto cognizance of Noise pollution generated through modified silencers specifically Bullet Bikes and the...

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Allahabad High Court

Allahabad HC Takes Suo Moto Cognizance Of Noise Pollution By Modified Silencers Specifically On 'Bullets' (Suo moto (PIL) v. State of UP & Ors.)

Comparing the menace of noise pollution with the legend of Hydra, the High Court today took suo moto cognizance of Noise pollution generated through modified silencers specifically Bullet Bikes and the other two wheelers.

Justice Abdul Moin observed that the problem of noise pollution is like the hydra where anyone who attempted to behead the Hydra found that as soon as one head was cut off, two more heads would emerge from the fresh wound, so much so that the destruction of the Hydra became one of the 12 Labours of Hercules.

EPF Scam: Allahabad High Court Grants Bail To Former UPPCL MD AP Mishra (Ayodhya Prasad Mishra v. State)

The High Court granted bail to Ayodhya Prasad Mishra, former Managing Director of Uttar Pradesh Power Corporation Limited (UPPCL) vide order dated July 13, 2021. An earlier bail application had been rejected by Justice D.K Singh of the High Court back in April 2020.

Justice Dinesh Kumar Singh granted bail to the accused taking into consideration his frail health and insufficient evidence. "Considering the age of the accused-applicant, his health condition and his long incarceration in jail and so far, no evidence of money trail involving him having been unearthed by the C.B.I., it would be appropriate to enlarge the accused-applicant on bail", the order stated.

Allahabad HC Stays Arrest Of Journalist Vineet Narain Accused Of Making Defamatory Posts Against Ram Temple Trust Secretary (Vineet Narain v. State Of U.P. & Others and Rajneesh Kapur v. State Of UP & Ors.)

The High Court granted interim protection against arrest to Journalist Vineet Narain and his associate named Rajneesh Kapur, who have been booked for putting up allegations that Vishva Hindu Parishad (VHP) leader Champat Rai and his brothers grabbed land from gaushala in Bijnor district.

A Division Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal observed that perusal of the FIR against the petitioners showed that even if the allegations made by them are taken in their entirety they do not constitute the offence alleged.

Explain The Purpose Of Forming Separate Panel of Lawyers When CSC Available: Allahabad High Court Summons DG, Basic Education (Sanjay Sinha v. State of UP & Anr.)

Calling it "strange", the Justice Saral Srivastava sought the response of the Director-General, Basic Education, U.P., Lucknow on his decision to form a separate panel of lawyers, even when the department is being represented by the Chief Standing Counsel. The Court was hearing a petition filed by one Sanjay Singh, challenging his suspension from the post of Secretary Board of Basic Education.

Summoning the Director-General, Basic Education, U.P., Lucknow to explain as to under which provision of law he has formed a separate panel from the office of Chief Standing Counsel, the Court also directed him to file a personal affidavit and explain the purpose of forming a separate panel from the panel of Standing Counsel formed by the State Government.

Vigilant Tweet On COVID Protocol Breach Can't Constitute Violation Of Prohibitory Orders U/S 144 CrPC: Allahabad HC Quashes FIR (Tarun Jain v. State of U.P. and Another)

Noting that a vigilant tweet by the resident of a society about breach of the COVID-19 protocol can't constitute a violation of prohibitory orders passed under Section 144 of CrPC, the High Court quashed criminal proceedings against Man who had tweeted that maids were entering his society without sanitizing their hands etc.

Justice JJ Munir observed thus: "An information about breach of the CoViD-19 protocol that may, on verification, be found to be wrong, cannot give rise to any offence about furnishing a piece of false information to the Police." The Court also opined that the impugned charge sheet was vitiated on account of the entire investigation is a sham to the face of the record.

Allahabad HC Stays Criminal Proceedings Against Man Booked For FB Post Expressing Aguish Over Wife's Death During Medical Treatment (Ashok Kumar Gautam v. State of UP & Anr.)

The High Court stayed criminal proceedings against a person who has been booked for his Facebook post expressing anguish over the death of his wife during the course of her medical treatment in a Government Hospital. Justice Yogendra Kumar Srivastava was hearing a plea of one Ashok Gautam against whom proceedings have been initiated containing allegations relating to a Facebook post.

In his post, he had expressed anguish over his wife's death during the course of her medical treatment and thereafter, he was booked under Sections 504, 507 I.P.C.,Section 66,67-a of Information Technology Act and Section 4 of the Uttar Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act.

Andhra Pradesh High Court

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court (Anumala Aruna Deepika v. State of Andhra Pradesh)

The High Court held that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC (cruelty to woman). Justice Cheekati Manavendranath while quashing the FIR against the petitioner, observed that a girlfriend or concubine, not being connected by blood or marriage, is not a relative of the husband for the purpose of Section 498-A IPC.

Andhra Pradesh High Court Issues Guidelines For Prompt Transmission Of Bail Orders (Korra Bhaskara Rao v. State of Andhra Pradesh)

While granting bail to an accused under The Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court took serious note of the significant delay in issuing the certified copies of the orders. This Court observed that despite the conscious recognition of several pending cases, it is difficult to issue the order copies within a short period due to staff shortage.

Justice Lalitha Kanneganti suggested evolving an alternative mechanism to address the plight of these undertrial prisoners/accused, referring to a decision of the Supreme Court, where it has taken cognizance of the issue. A 9-points guideline was issued in this regard to all concerned authorities.

Bombay High Court

Good Laws To Protect Ancient Monuments, But Dismal Implementation': Bombay High Court Disposes Plea To Save 'Esplanade Mansion' (Sadik Ali Mohammed Ali Noorani v. State of Maharashtra & Ors.)

Disposing of a seven-year-old petition to save the dilapidated Esplanade Mansion, a cast-iron UNESCO World Heritage site, 400 meters away from the High Court, the Court highlighted the need for a mechanism to protect such structures effectively. A division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni observed that there is "dismal" implementation of laws to protect privately owned heritage structures that had added to Mumbai's "glory" and "fame."

The 157-year-old Esplanade Mansion is a Grade II-A heritage structure, which once served as Bombay's first luxury hotel – the Watson's Hotel – and is listed among the top 100 endangered monuments in the world. The building is also only one of the two cast iron structures in the world.

Denied Emergency Parole Despite Court Order Due To Non-Affordability Of Escort Charges, Two Serial Train Blast Convicts Approach Bombay High Court

Two convicts in the 7/11 Mumbai Serial Train Blasts Case have approached the Bombay High Court saying that the 2018 amendment to the prison rules, which makes it mandatory for convicts to pay police escort charges for release on parole following a blood relative's demise, is violative of Articles 14 and 21 of the Constitution of India.

Part of Rule 19(1)(B) of Prisons (Bombay Furlough and Parole) Rules 1959 renders it impossible for a person coming from a socio-economically weak background to avail the right of parole, the petitioners claim. Both the petitioners have continued to remain in custody since their arrest in 2006 and conviction by a special court in 2015. A division bench of Justices SS Shinde and NJ Jamadar, granted time to prosecution to respond to the petitions and adjourned the case.

CBI Can Investigate Transfers & Postings By Anil Deshmukh' : Bombay High Court Dismisses Maharashtra Govt Plea (The State of Maharashtra v. Central Bureau of Investigation)

The High Court dismissed the petition filed by the State of Maharashtra challenging the portions of CBI FIR relating to the transfers & postings made by the former Home Minister Anil Deshkmukh, who had resigned following corruption allegations made by ex-Mumbai Police commissioner Param Bir Singh. The petition filed by the State of Maharashtra had sought to quash two paragraphs from CBI's corruption FIR against former Home Minister Anil Deshmukh and unknown others.

A division bench of Justices SS Shinde and NJ Jamadar pronounced the verdict. "The investigating agency can legitimately investigate the transfers and posting connected to Mr Anil Deshmukh and his associates, keeping in view the observation made in the Division Bench", the bench said.

Bombay High Court Reserves Order on PIL Challenging Governor's Alleged Inaction to Decide on Nomination Of Members to MLC

The High Court reserved for orders a PIL challenging alleged inaction of the Governor, Bhagat Singh Koshyari, in nominating members to Maharashtra's Legislative Council (MLC), despite the 12 names submitted by the Council of Ministers on November 6, 2020. During the hearing, the court repeatedly asked the Union if the Governor could escape from his duty by not taking any decision on the names recommended by the council of ministers.

Bombay High Court Rejects Ex-Maharashtra Home Minister Anil Deshmukh's Plea To Quash CBI FIR In Corruption Case (Anil V. Deshmukh v. State of Maharashtra & Ors.)

The High Court refused to quash the Central Bureau of Investigation's (CBI) corruption FIR against former Maharashtra Home Minister Anil Deshmukh. A division bench of Justices SS Shinde and NJ Jamadar reserved for orders Deshmukh petition seeking quashing of the FIR on July 12, 2021.

CBI had registered the FIR against Deshmukh and unknown otherson April 21, 2021 under Section 7 of the Prevention of Corruption Act and section 120B of the IPC for an attempt to obtain undue advantage for the improper and dishonest performance of public duty.

Animal Sacrifice Permissible Only In Licensed Slaughterhouses : Bombay High Court Ahead Of Bakr Eid (Gau Gyan Foundation v. State of Maharashtra and Jiv Maitri Trust v State of Maharashtra & Ors.)

On the eve of Bakr Eid, two benches of the High Court directed authorities in different Municipal Corporations in Maharashtra to ensure animals are sacrificed only in licensed slaughterhouses or abattoirs. In fact, Chief Justice Dipankar Datta's bench directed local authorities to take action against those illegally slaughtering animals while staying Bhiwandi-Nizampur Municipal Commissioner's order allowing 38 temporary slaughterhouses to operate in the corporation, just outside Mumbai city.

In the second order, the Division bench led by Justice SS Shinde directed the Thane Police Commissioner to check and ensure no animals are illegally marketed or slaughtered within the jurisdiction of Mumbra Police station, Thane.

Public Heath Over Religion': Bombay High Court Refuses To Interfere With BMC's Restrictions On Animal Sacrifice On Bakr Eid

The High Court refused to interfere with the BMC's circular limiting to 300, the number of water buffaloes to be sacrificed at the designated Deonar abattoir across three days of Eid-ul-Adha or Bakriid, from July 21 to July 23. A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni disposed of two PILs filed by butcher associations seeking to increase the permitted number of sacrifices at Deonar from 300 to 700 a day, for three days. They also sought directions to designate a place for big-animal slaughter.

The Court said that the petitioner's primary grievance to designate a place to slaughter big animals on the occasion of Eid was addressed with BMC issuing the circular yesterday (which also restricted number of sacrifices to 300).

Bombay High Court Issues Directions For Proper Functioning Of Tree Authority In Goa

Being "extremely distressed" by the fact that the Tree Authorities in both the districts of Goa have not functioned at all since about a decade, the Bombay High Court at Goa recently issued several directions for their proper functioning. The said authorities were constituted under the Goa, Daman and Diu Preservation of Trees Act, 1984.

A division bench of Justices MS Sonak and MS Jawalkar gave the direction while hearing a petition filed by NGO Living Heritage Foundation. The petitioners pointed out that Tree Authorities for the two districts of North and South Goa are defunct from the date of the enactment of the Trees Act (1984), or in any case, from November 2012, the date on which the two Tree Authorities came to be constituted.

State Has Locus To Challenge CBI Investigation If It Goes Beyond The Scope Of HC Order :Bombay High Court (The State of Maharashtra v. The Central Bureau of Investigation)

The Bombay High Court has held that a state government is well within its rights to raise a grievance if a central agency's investigation goes beyond the scope of the Court's order that authorised investigation in the absence of the state's consent.

The division bench of Justices SS Shinde and NJ Jamadar dismissed Maharashtra Government's plea and allowed the CBI to investigate transfer and postings of police officers in Maharashtra and reinstatement of dismissed Assistant Police Inspector Sachin Waze after 15 years. However, the court added a rider that the investigation is permitted to the extent of nexus with former Home Minister Anil Deshmukh and his aides, and not into transfers in general.

Other developments:

· Relax Travel Restrictions For Fully Vaccinated People, Permit Them To Travel In Local Trains: PIL Before Bombay High Court

· Kangana Ranaut Moves Bombay High Court To Quash Javed Akhtar's Criminal Defamation Complaint

· No Explicit Sexual Acts Shown' : Raj Kundra Moves Bombay High Court Challenging Police Custody In Porn Film Case

· We're Also Human Beings' : Bombay High Court Withdraws Oral Praise For Late Father Stan Swamy After NIA Objection

· Can ICSE & CBSE Students Have Separate Syllabus For Junior College CET Examination?: Bombay High Court Asks State

Calcutta High Court

Master of Roster' Concept Not Equivalent To 'Master Of All I Survey': Calcutta HC Judge Questions Acting Chief Justice On Assigning Of Cases (Sri Jadav Saredar @ Jadab Sardar v. Sri Basudeb Tarafder & Ors)

Justice Sabyasachi Bhattacharyya of the High Court issued a strongly worded order objecting to the transfer of case from him to a Division Bench by the Acting Chief Justice Rajesh Bindal.

Addressing a pertinent concern, Justice Bhattacharyya observed that despite issuing specific directions vide the earlier order dated July 16, to list the instant matter as a priority on the next working day i.e. on July 19, such directions were not complied with. Instead, the instant matter was listed before a Division Bench on the instruction of the Acting Chief Justice much to the surprise of Justice Bhattacharyya.

Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court (Sanjay Jain v. State)

The High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure. It observed that the Magistrate, while passing the impugned order, had merely mentioned that there are certain facts which can only be explained by the accused persons, and those facts are only within their knowledge, and as such, their presence may be required.

However, the same appears mechanical when the accused person's plea may be recorded through his Advocate and his examination under Section 313 of CrPC may also be conducted in terms of Section 313(5) of the Code which provides that the court may permit the accused to file written statement as sufficient compliance of the section.

Other developments:

· West Bengal Post Poll Violence: Calcutta High Court Rejects State's Request To Disclose Details Of NHRC Report On Rape Allegations

· Plea In Calcutta High Court Seeks Disqualification Of Ashok Kumar Deb As MLA For Holding 'Office-of-Profit' Of Bar Council Chairperson

Delhi High Court

Advocates Have Right To Practice Before Maintenance Tribunals: Delhi HC Declares S.17 Of Senior Citizens Act Ultra Vires To S.30 Advocate Act (Tarun Saxena v. Union of India & Ors.)

The High Court has declared as ultra vires Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which bars lawyers from representing parties in matters before the Maintenance Tribunals. The order is in line with the judgment delivered by a Division bench of the Kerala High Court in April this year, stating that the provision is ultra vires of Section 30 of the Advocates Act, 1961.

Relying on the aforesaid decision of the Kerala High Court, Justice Prathiba M. Singh observed, "since Section 17 has been declared ultra vires Section 30 of the Advocates Act, 1961, it would obviously mean that an advocate would have the right to represent parties before the Tribunal under the Act. Ordered accordingly."

Undertrial Prisoner Allegedly Killed By Jail Officers In Tihar Jail: Delhi High Court Transfers Probe To CBI (Malika v. State of NCT of Delhi & Ors)

The High Court transferred to CBI the investigation into alleged killing of an undertrial prisoner by jail officers inside the Tihar Jail, after observing that an in depth investigation into the matter is required to be conducted. Justice Mukta Gupta took note of the fact that there was no investigation made into the claim made by deceased's sister that he had made a phone call to her a day prior to his death expressing apprehension that he would be killed.

"Considering the fact that as per status report filed by the Superintendent Jail, there was no apparent injury on the deceased, however, the case of the petitioner is that there were deep injury marks on the deceased and an indepth investigation is required to be conducted to find out the circumstances under which the deceased made a phone call to his sister expressing his apprehension of death and his subsequent death in the judicial custody, this Court finds it fit to transfer the investigation of the case FIR in question to CBI," the Court ordered.

Effecting Of Service A Challenge': Delhi High Court Asks Labour Courts/ Tribunals To Include Details Of Workmen & Management While Passing Awards (Director General of Works (CPWD) v. Laljeet Yadav & Ors)

Taking note of the fact that effecting of service on parties concerned has proved to be a challenge during the pandemic period, the High Court has issued directions to all Labour Courts, Tribunals and Authorities to include details of workmen and management while passing orders or awards in cases concerning their disputes regarding termination, suspension etc.

Justice Pratibha M Singh observed thus: "This Court has noticed that in several matters which involve Workmen and Management in which awards of the Labour Court are challenged before this Court, service of the Workmen/ Management consumes a substantial amount of time as the awards do not contain the contact details of the Workmen or the Management."

The Court also took note of the fact that at times, Workmen are unable to move applications for release of litigation expenses or any part of the awarded amount whenever it had passed orders directing deposit of amounts with Registrar General of High Court.

Two Patents Cannot Be Granted For One Invention- One for Genus and The Other for Species: Delhi High Court Dismisses Plea By AztraZeneca (AstraZeneca AB & Anr v. INTAS Pharmaceuticals Ltd.)

The Delhi High Court has held that two patents cannot be granted for one invention- one for genus and the other for species.

A claim of two patents for one invention only strikes at the very root of the appellants' claim and disentitles the appellants from any interim relief. Dismissing the plea by affixing Rs.5,00,000/- costs, a division bench of Justices Rajiv Sahai Endlaw and Rajiv Bansal observed that the rights of a patentee, unlike that of the proprietor of a trademark, are not natural or common law rights but are a creation of law, i.e., are statutory rights. Thus, for a patentee to enjoy protection, the rights must be within the four corners of the statute, i.e., the Patents Act, and there are no rights independently thereof or inherent or common law rights of an inventor or patentee.

Delhi High Court Issues Notice To MEA On Plea For Repatriation Of Five Indian Seafarers Stranded In Iran (Sham Nathuram Yenpure & Ors v. Union of India)

The Delhi High Court issued notice on a plea moved by families of five Indian seafarers who are said to be stranded in Iran despite their acquittal by a local Court in an alleged case of conspiracy. The plea seeks directions on the Ministry of External Affairs to take up the issue with Iran Government and repatriate them.

The plea additionally prays for directions on Centre for providing urgent relief in the form of sufficient medical and financial assistance, boarding and lodging and consular services till the time they are repatriated. Justice Rekha Palli has sought response of the Ministry of External Affairs and has posted the matter for further hearing on July 27.

Augusta Westland Case- Delhi High Court Seeks Response Of CBI, Enforcement Directorate In Christian Michel's Fresh Bail Pleas (Umesh v. Union of India & Ors)

The High Court has issued notice on a petition filed by a roadside dweller, who had lost both his legs in an accident caused at Ghaziabad Railway Station, seeking directions on the Railway Claims Tribunal to consider his plea for compensation which was denied on technical grounds including that he did not possess a valid identity proof.

Justice Rekha Palli issued notice to Union of India, Railway Claim Tribunal, GTB Hospital and GRP Loni, Ghaziabad and posted the matter for further hearing on September 9.

LGBTQ Couple Facing Threat From Families: Delhi High Court Directs Police To Provide Security, Shift Them To Safe House (Dhanak of Humanity & Ors v. GNCTD & Ors.)

The High Court directed the police to provide adequate security to a LGBTQ couple, facing threat from their families. The Court also directed that the couple be shifted to a safe house, set up by the Delhi Government. Justice Mukta Gupta issued notice on a plea filed by NGO Dhanak of Humanity. The couple is presently residing in the NGO's office.

It was the case of the couple that despite being major persons, their relationship was not approved by their families due to the reason of them belonging to the LGBTQ community.

(Children Orphaned In Covid) Constantly Engaging With States To Review Situation, Possibilities To Strengthen Child Protection Set Up: Centre Tells Delhi HC (Jeetendra Gupta v. UOI & Ors.)

The Ministry of Women and Child Development has informed the Delhi High Court that it is constantly reviewing the situation of children who have been orphaned due to the Covid-19 pandemic, by conducting various meeting with States in the past six months.

The Ministry has filed an affidavit in this regard while responding to a PIL seeking direction to Centre and Delhi Government to safeguard the interest of the children who have lost their parents to Covid-19 and who do not have anyone else to take care of them and face the risk of being trafficked.

Delhi High Court Seeks Centre's Response On Pleas Challenging GNCTD Amendment Act Enhancing Powers Of Delhi LG

The High Court granted time to the Central Government to file its reply on a batch of petitions challenging the vires of GNCTD Amendment Act, 2021 which purportedly enhances the powers of the Lieutenant Governor of Delhi. A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh allowed the request made by Advocate Ajay Digpaul, seeking some time to file Centre's response. The matter has been for hearing on September 13.

Matter Under Active Consideration, Final Decision Likely To Be Taken Soon": Delhi Govt Informs High Court On Reopening Of Spa Centres (Delhi Wellness Spa Association v. GNCTD)

The Delhi Government informed the High Court that a final decision on reopening of spa centers that were closed in wake of the second of Covid-19 will be taken by it soon as the matter is under consideration of the authorities. The development came while Justice Rekha Palli was dealing with pleas seeking directions on the Delhi Government to permit the reopening and functioning of Spa Centres in Delhi, like gyms, salons, etc.

Other developments:

· Delhi Govt's New Excise Policy 2021-22: High Court To Hear Plea Challenging Tender Conditions Tomorrow

· Can Website Of Marriage Registrar Indefinitely Display Application For Registration Of Marriage Even After Its Dissolution?: Delhi HC To Consider

· Is Identity Proof Sine Qua Non For Filing Accident Claim Under Railway Claims Tribunal Act? Delhi HC To Consider Slum Dweller's Plea

· Delhi High Court Asks Delhi Govt To Seek Instructions on Businessman Navneet Kalra's Plea Challenging Suspension Of His Restuarants

· Delhi Riots: High Court Adjourns Hearing In Former AAP Councillor Tahir Hussain's Bail Plea Till September 9

· Delhi High Court Issues Notice To MEA On Plea For Repatriation Of Five Indian Seafarers Stranded In Iran

· Delhi High Court Issues Notice On Plea Challenging Decision To Illegally Refuse Woman To Appear In Delhi DSSSB Exam For Wearing 'Kirpan'

· Delhi High Court Issues Notice On Tahir Hussain's Plea Challenging UAPA Charges Invoked Against Him In Delhi Riots Larger Conspiracy Case

· "No Clarity On Uniform Color, Specifications": Delhi HC Issues Notice On Plea Challenging Issuance Of Challans To Drivers In Non Compliance Of Uniform Regulations

· (Chinese App Ban) Delhi High Court Issues Notice To Amazon India On Plea Against Sale Of Shein Products During Prime Day Sale

Gauhati High Court

Classification Between Vaccinated And Unvaccinated Persons For Issuance Of Temporary Permits For Developmental Works Violates Art. 14, 19 & 21: Gauhati High Court (Madan Mili v. Union of India & Ors)

The Itanagar Bench held that the classification between vaccinated and unvaccinated persons for issuance of temporary permits for developmental works in both public and private sector in the State of Arunachal Pradesh violates Art. 14, 19 (1) (d) & 21.

A single judge bench comprising of Justice Nani Tagia stayed the operation of an order issued by the Government of Arunachal Pradesh stating that temporary permits for developmental works in both public and private sector in the State may be issued on a condition that such persons are vaccinated for Covid-19.

"Positivity Rate Is Extremely High": Gauhati HC Takes Suo Moto Cognizance Of Second Covid Wave In States Of Nagaland, Mizoram, Arunachal Pradesh (PIL (Suo Moto))

The Court has taken suo moto cognizance of the 'alarming situation' of the second covid wave prevalent in the States of Nagaland, Mizoram Arunachal Pradesh after observing that the positivity rate was extremely high in those places.

A full judge bench comprising of Chief Justice Sudhanshu Dhulia, Justices N. Kotiswar Singh and Manash Ranjan Pathak took the suo moto cognizance while dealing with the suo moto PIL instituted by the Court owing to the daily surge of cases during the COVID-19 pandemic.

Assam Govt Declares Residence Of Chief Justice of Gauhati High Court As 'Living Heritage Building'

The 120 years old residence of the Chief Justice has been declared as 'a living heritage building' by the Governor of Assam vide notification dated July 20. Pursuant to such a declaration, the residence will now be extended protection and preservation as per the provisions of the Assam Ancient Momuments and Records Act, 1959, the Assam Ancient Monuments and Records Rules, 1964 and the Assam Heritage (Tangible) Protection, Preservation, Conservation and Maintenance Act, 2020.

Gujarat High Court

Gujarat High Court Directs Hospital To Collect Sperm Of Critical COVID Patient On Wife's Plea Wishing To Conceive Child

In a significant decision, the Court directed a hospital in Vadodara to conduct an IVF/Assisted Reproductive Technology (ART) procedure for the collection of samples from the body of a critical COVID-19 patient after his wife expressed her desire to bear his child.

A petition to this effect was circulated during the course of the day upon mentioning at 2.30 p.m., and the Bench of Justice Ashutosh J. Shastri, in view of extraordinary circumstances of the condition of husband, permitted the petition to be circulated.

Jammu & Kashmir High Court

In Absence Of Demonstrated Prejudice To Accused, Omission To Record His Statement U/S 242 CrPC(J&K) Not Fatal: Jammu & Kashmir High Court (Abdul Majeed Dhar v. Javed Ahmed Bhat)

The Court has held that in the absence of any prejudice to the accused or demonstrated failure of justice, omission to record his statement under Section 242 of CrPC(J&K) cannot be held to be fatal to the validity of the trial.

The provision stipulates that the particulars of the offence alleged against the accused are required to be stated to him and he would be asked if he has any cause to show cause as to why he should not be convicted.

'Procedural Requirements Are The Only Safeguards Available To A Detenue': J&K High Court While Quashing Detention Order (Wasim Ahmad Trag v. Union Territory of J&K and Ors.)

Setting free a detenu from preventive custody, the High Court has held that the procedural requirements are the only safeguards available to the detenue and therefore, they must be strictly complied with.

Justice Rajnesh Oswal made it clear that the Court cannot go behind the subjective satisfaction of the detaining authority and thus, procedural requirements are to be followed scrupulously, if any value is to be attached to the liberty of the subject and the constitutional rights guaranteed to him in that regard.

Breaking- 'They Should Not Feel Shy In Facing Inquiry': Karnataka High Court Dismisses Amazon & Flipkart Pleas Against CCI Probe

The Court dismissed the appeals filed by e-commerce giants Amazon and Flipkart challenging an order of a Single Bench of the High Court which had allowed Competition Commission of India (CCI) to conduct a preliminary investigation into their alleged anti-competitive practices.

A division bench of Justice Satishchandra Sharma and Justice Nataraj Rangaswamy observed, "...in the concerned opinion of this court by no stretch of imagination the inquiry can be crushed at this stage. If the appellants are not involved in violation of any provisions of the Act of 2002 they should not feel shy in facing inquiry by CCI."

'Tool Of Harassment' : Karnataka High Court Quashes UP Police Notice To Twitter India MD In Ghaziabad FIR

Calling the notice issued by the Uttar Pradesh Police to the Managing Director of Twitter India as a "tool of harassment", the Karnataka High Court quashed the said notice, issued under Section 41A of the Code of Criminal Procedure in relation to the FIR registered over the videos posted in Twitter showing the assault of a Muslim man in Ghaziabad.

The Court said that the UP Police issued the coercive notice without ascertaining if Manish Maheshwari, the MD of Twitter Communications India Private Ltd (TCIPL), had any control over the contents posted in Twitter.

Also Read: Karnataka High Court Temporarily Restrains Makers Of 'Wild Karnataka' Documentary From Dealing With The Film In Any Manner

Chargesheet Against 116 Persons For Not Wearing Masks At Amit Shah's Rally: Police Tells Karnataka High Court

A report filed before the Court stated that a total 116 people were arraigned as accused in a case registered over violation of COVID protocols of wearing masks and maintaining social distancing. The rally was led by Union Home Minister Amit Shah at Belagavi on January 17.

Chief Justice Abhay Oka and Justice Suraj Govindaraj in its order noted that "The report submitted by the Assistant Commissioner of Police Market Yard, Belgavi city records that now charge sheet has been filed in crime no 58/2021, in which is 116 persons are arraigned as accused and cognizance has been taken by the magistrate."

'Twitter USA Doesn't Hold A Single Share In Twitter India; Totally Different Entities' : MD Tells Karnataka High Court

Senior Advocate CV Nagesh told the Court that Twitter Inc is an independent organization and it is totally different, while Twitter India is a different entity.

Nagesh who is appearing for the Managing Director of Twitter Communications India Private Ltd Manish Maheshwari, has challenged section 41A of CrPC notice issued by the Uttar Pradesh police in the Ghaziabad assault video case He was asked by the court "Can we say Twitter Inc is the parent company of Twitter India? Or is it an independent entity."

Ghaziabad FIR: Karnataka High Court Again Defers Order In Twitter India Head's Challenge To UP Police Notice; Fixes For July 22

The Court for the second time, deferred its order in the petition filed by the Managing Director of Twitter Communications India Private Ltd(TCIPL), challenging the notice issued to him under Section 41A of the Code of Criminal Procedure in the Ghaziabad FIR.

Justice G. Narendar said "I will dictate the order on Thursday (July 22)." Earlier, on July 13, the pronouncement was deferred to July 20, i.e., today to enable the Judge to peruse the judgements on the issue of Jurisdiction in the meantime.

1% Seats In Govt Jobs Reserved For Transgender Persons: Karnataka Govt Tells High Court

Karnataka Government has decided to provide 1 percent (horizontal) reservation to Transgender candidates in government jobs to be filled through the direct recruitment process. The reservation is applicable to transgender candidates in each category of General merit, SC,ST and in each of the OBC categories.

Chief Justice Abhay Oka and Justice Suraj Govindaraj was informed by the government that a final notification dated July 6 has been issued whereby amendment has been made to Karnataka Civil Services (General Recruitment) (Amendment) Rules 2021.

Also Read: Authority Personally Responsible To Pay Damages For Unjustified Delay In Deciding Application For Compassionate Appointment: Karnataka High Court

Stay On Govt Order Banning Online Classes To Continue Till Resumption Of Physical Classes/ Policy Decision On Online Classes: Karnataka High Court

A division bench of the Court confirmed the interim order passed by a coordinate bench of the court on July 8, 2020, by which it had stayed the government orders issued on June 15 and June 27, 2020 to the extent they put an embargo on conducting online classes for students of LKG to Class X.

Justices BV Nagarathna and Hanchate Sanjeevkumar said, "We find that interim direction ought to be in force until the state government decides to make a decision with regards to reopening of schools physically or take a policy decision in regards to conducting of online classes."

Karnataka High Court Calls Upon NLSIU To Assist In Preparing Road Map For Providing Better Infrastructure In Govt Schools Across State

Dissatisfied with the way the state government intends to spend Rs. 100 crore budget allocated towards infrastructure development in government schools across the state, the Court issued notice to the National Law School of India University (NLSIU) to appear before it and assist the court in order to prepare a road map on the subject. A division bench of Justice B V Nagarathna and Justice Hanchate Sanjeevkumar heard the matter.

Also Read: Ensure Night Shelters For Homeless Are Operational In Bengaluru Within 3 Months: Karnataka High Court

Karnataka High Court Issues Notice To State On Plea Seeking Parity In Assessment Criteria For Evaluating Freshers & Repeaters II PUC Students

The Court issued notice to the state government on a petition seeking directions to follow the same assessment method for repeater students of II PUC class, as is being done in the case of regular students, while awarding marks for the academic year 2020-2021.

Justices BV Nagarathna and Hanchate Sanjeevkumar issued notice while hearing a petition filed by Karnataka EWS 1512 Residential Social Welfare Association. The results of all II PUC students were to be declared on 20th July.

'Will Sensitize Doctors To Miserable Health Conditions' : Karnataka High Court Refuses To Stay Compulsory Rural Service Condition

The Court has held that notification date June 8 which called upon the fresh doctors to undergo compulsory rural service for a period of one year (under provisions of the Karnataka Compulsory Service to Candidates Completed Medical Courses Act 2012 (Compulsory Act), to be 'reasonable' and that the legislation promulgated by the State in regard to compulsory rural service is not in conflict with either the Indian Medical Council Act or National Medical Commission Act.

Kerala High Court

'Liberty To Move Can't Be Restrained Indefinitely': Kerala High Court Lifts Bail Condition Imposed On Ebrahim Kunju In Palarivattom Flyover Scam Case

The Court lifted the bail condition imposed on Former PWD Minister V.K Ebrahim Kunju to the effect that he cannot leave the jurisdictional limits of the Ernakulam district. Justice PV Kunhikrishnan while allowing the petition observed that a person's liberty to move cannot be restrained indefinitely by any bail condition.

Kerala High Court Calls For Investigating Officer's Report In Rape Case Filed By Olympian Mayookha Johny's Friend

The Court called for the investigating officer's report in the matter where Olympian athlete Mayookha Johny's friend was allegedly raped and blackmailed by a man in 2016. Justice Shircy V directed so after the petitioner claimed that the investigation had come to a standstill due to the accused being highly influential. The matter has been listed for further hearing on July 30th.

Medical Practitioners Can Conduct Necessary Tests On Accused If There Are Indications Of Custodial Torture: Kerala High Court (Mani & Anr v. State of Kerala)

The Court on clarified that the circular issued by the Director of Health will not preclude doctors conducting medical examinations of persons accused in criminals cases from ordering appropriate investigations as they deem fit if there are indications or complaints of custodial torture. Justice PB Suresh Kumar decided so while hearing a petition filed by a government medical practitioner. Advocate R Gopan appeared on behalf of the petitioner.

Also Read: Don't Obstruct Research On Tiger Moth Disease: Kerala High Court To State

In Re Bruno: Kerala High Court Stays State's Decision To Transfer Funds To Kudumbashree To Manage Animal Birth Control

The Court stayed the decision of the State to transfer funds to Kudumbashree (a women self-help group) to manage animal birth control in the State. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Gopinath P observed that before funds were transferred, it was pertinent to ascertain whether Kudumbashree was registered with the Animal Welfare Board, which is a statutory pre-condition.

Also Read: Does Keeping Birds As Pets Violate Any Law?: Kerala High Court Directs Govt Pleader To Seek Instructions

What Will Happen To ₹16.5 Crores Crowdfund?: Kerala High Court Asks State After Child With Rare Disease Dies

The Court directed the State to inform as to what happened with Rs. 16.5 crore that were collected through crowd funding for the treatment of an infant suffering from spinal muscular atrophy. The development comes subsequent to passing away of the child.

Chief Justice S Manikumar and Justice Shaji P Chaly also suggested that the money raised for the treatment of this child may be used to treat other children suffering from rare diseases. This proposal was raised during the proceedings of a batch of petitions seeking the government's help in treating children with rare diseases.

"When Public Opinion Influences Investigation Its Very Course Gets Diverted With Exasperating Results": Kerala HC Acquits Accused In Rape And Murder Of Tribal Woman

The Court dismissed a batch of petitions alleging discrepancies in the acquisition proceedings for the widening of National Highway 66 in the State on the ground that judicial review is impermissible in the matter.

Justice PV Kunhikrishnan, while dismissing a batch of petitions against the land acquisition process for the widening of NH-66 in Kollam, observed, "God will forgive us if religious institutions are affected in the course of development of national highways in the state."

Also Read: Section 71 Of Registration Act -Reasons For Refusal To Register A Property To Be Recorded: Kerala High Court

God Will Forgive Us If Religious Institutions Are Affected By National Highway Development : Kerala High Court (Balakrishna Pillai & Anr v. Union of India & Ors)

The Court dismissed a batch of petitions alleging discrepancies in the acquisition proceedings for the widening of National Highway 66 in the State on the ground that judicial review is impermissible in the matter.

Justice PV Kunhikrishnan, while dismissing a batch of petitions against the land acquisition process for the widening of NH-66 in Kollam, observed, "God will forgive us if religious institutions are affected in the course of development of national highways in the state."

Kerala High Court Refuses To Quash FIR Against Former PWD Secretary In Palarivattom Flyover Scam Case (T.O Sooraj v. State of Kerala & Anr.)

The Court dismissed the petition filed by former PWD Secretary TO Sooraj, seeking to quash the FIR registered against him in the Palarivattom Flyover Scam case. Justice Narayana Pisharadi observed as such, 'the expression "discharge of his official functions or duties" in Section 17A of the Act reflects the legislative intent that the protection envisaged is not a blanket protection. The purpose is to protect an honest and responsible public servant if the recommendation made or decision taken by him is in the discharge of his official functions or duties."

Redetermine Minority Status Of Muslims And Christians In Kerala: PIL Before High Court (Citizens Association for Democracy, Equality, Tranquility, and Secularism (CADETS) v. Union of India & Ors)

The Court heard a public interest litigation that urged the Centre to reassess the minority status of Muslims and Christians in the State. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly, after hearing the arguments of the petitioner, reserved orders in the matter.

'Infringes Right To Privacy Of Single Mothers': Plea Filed In Kerala High Court Against Rule Requiring Father's Name In Birth Certificates (X v. State of Kerala & Ors)

A plea has been filed before the Court challenging the Kerala Registration of Birth and Deaths Rules insofar as it mandates the mention of father's name to register a child's birth. The case in a nutshell is that such a stipulation is discriminatory to single mothers.

The petitioner became pregnant through artificial insemination which involves accepting the sperm from a donor whose identity has to be kept confidential. She has preferred this petition aggrieved by the requirement to give the details of the father of the child to register their birth/death as per the Rules.

No Child Should Be Put To Prejudice: Kerala High Court To State On Conducting Grade XI Board Exams In Offline Mode

The Court directed the State to file its counter affidavit, informing the Court regarding all the precautions it will take in order to conduct Grade XI state board examinations in physical mode. Justice Devan Ramachandran while issuing the aforementioned direction orally declared that 'no child shall be put to prejudice for the sake of examinations'.

Also Read: Technical Glitches At Transition Stage To GST Not To Affect Statutory Right Of Dealers: Kerala High Court

No Police Protection To Sister Lucy As Long As She Continues To Reside In Convent, HC Directs Munsiff to Dispose Off Her Plea In 3 Weeks (Sister Lucy Kalappura v. State of Kerala & Ors)

The Court directed the Munsiff Court to dispose of the matter regarding Sister Lucy Kalappura's right to reside in the Franciscan Clarist Congregation expeditiously within 3 weeks.

Justice Raja Vijayaraghavan while disposing of the matter also held that police protection shall not be granted to Sister as long as she continues to reside at the Convent. It was also observed that insofar as she decides to reside elsewhere, the Court was obliged to provide protection to her.

Aisha Sultana Not Cooperating With Investigation: Lakshadweep Administration Tells Kerala High Court

The Lakshadweep Administration has filed its statement in the Court opposing filmmaker Aisha Sultana's plea to quash the FIR registered against her in the sedition case. The statement filed through Central Government Standing Counsel S Manu pressed that the FIR was not liable to be quashed and urged that a detailed investigation was required in the matter. It narrated a chronological order of the investigation conducted to show that it had made steady progress.

Also Read: ISRO Espionage Case: Maldivian Women Move Kerala High Court Against Former Police Officers' Bail Plea

Madras High Court

Madras High Court Restrains State Govt From Purchasing Public Transport Buses Without Disabled Friendly Amenities

The Court restrained the State government from purchasing any new buses for the purpose of public transport unless such buses are disabled-friendly as per the statutory requirements under the Rights of Persons with Disabilities Act, 2016 and the Rights of Persons with Disabilities Rules.

Chief Justice Sanjib Banerjee and Justice Senthikumar Ramamoorthy issued the interim injunction on a batch of writ petitions seeking the universal use of disabled-friendly buses to uphold the rights of persons with disabilities.

'POCSO Court Judges Must Undergo Training By Tamil Nadu State Judicial Academy': Madras High Court Finds Erroneous Application Of POCSO Act By Trial Court (Venkatachalam v. The Inspector of Police)

The Court observed that judges presiding over special courts dealing with cases under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) must undergo compulsory training and sensitisation on how to properly adjudicate such sensitive cases.

Justice P Velmurugan made this observation after it came to the notice of the Court that the Sessions Court had failed to appreciate the age of the victim on the date of the offence i.e. 8 years and had proceeded to impose a less stringent sentence upon the accused contrary to the provisions of the POCSO Act.

Centre's Attempt At Not Implementing OBC Reservation In Medical Colleges For Academic Year 2021-22 Appears To Be Contempt: Madras High Court

The Court directed the Central government to immediately take measures for implementing OBC reservation in MBBS seats under All India Quota, across under-graduate and post-graduate medical and dental colleges of the State.

A Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy observed that admissions into medical colleges for the academic year 2021-2022 can only take place pursuant to the implementation of such a reservation quota.

Madras High Court Directs Schools To Keep Complaint Box While Upholding Conviction Of Pastor In POCSO Case (S. Jayaseelan v. State)

The Court upheld the conviction of a pastor under the Protection of Children from Sexual Offences (POCSO) Act for the sexual assault of a 12 year old student of CSI Hobert Girls Higher Secondary School. The accused pastor was residing in a house provided by the CSI Church situated within the confines of the school campus.

Justice P Velmurugan also issued a host of recommendations in order to ensure that schools remain a safe space for students and to prevent the repetition of such unfortunate incidents.

Leasing Out Temple Property For Purposes Unrelated To Worshipping Undermines Heritage Value: Madras High Court (K Suresh v. Secretary to Government, Hindu Religious and Charitable Endowments Department)

The Court recently reprimanded the growing practice of temple properties being leased out for commercial purposes which are unrelated to the objective of worship, thereby degrading the heritage value of the temples.

A Bench comprising Justice T.S Sivagnanam and Justice S. Anathi observed with anguish, "the Authorities' unmindful of the heritage value of various temples had licensed and leased out the temple property as well as the pragarams and verandas of the temples to traders to carry on trading activity by selling articles which are unrelated and unconnected with the temple and the worshipping public. These shops have virtually become shopping centres, if not, shopping malls."

Manipur High Court

Manipur High Court Orders Release of Journalist Detained Under NSA Over Facebook Post On Cow Dung Cure For COVID (Elangbam Ranjita v. State of Manipur & Anr)

The Court directed the release of Manipur journalist Kishorchandra Wangkhemcha noting that his detention would be as much a violation of Article 21 of the Constitution as it was in the case of Erendro Leichombam. Kishorchandra was detained under the National Security Act for a post on his Facebook wall on the death of a BJP leader due to COVID-19 commenting that 'cow dung, cow urine did not work.'

In an urgent hearing of the letter-petition filed by the wife of Kishorechandra, a bench of Chief Justice PV Sanjay Kumar and Justice Kh. Nobin Singh ordered the release of activist-journalist Kishorchandra by 5 PM on the day of hearing.

Orissa High Court

Orissa High Court Orders CID Probe To Determine Authenticity Of Affidavit Allegedly Filed By Minor Rape Victim Claiming To Be Married To Accused (Khaga Naik v. State of Odisha)

The Court ordered the CID-Crime Branch to initiate a probe to determine the authenticity of an affidavit purportedly filed by a minor rape victim, claiming to be the wife of the accused in order to facilitate grant of bail to him. The controversy came to light when the concerned investigating officer submitted a report before the Court claiming that the affidavit had not been filed by the victim.

Justice S.K Sahoo ordered, "In such state of affairs, this Court thinks it proper that the matter should be enquired into by the CID, Crime Branch, Odisha which is a premier investigating agency of the State as to whether the said Anita Behera (Naik) has sworn affidavit in question before Notary, Cuttack Town on 06.04.2021 being identified by Mr. B.N. Mohapatra and whether the signatures of Anita Behera appearing on the affidavit as well as Vakalatnama are genuine or not and whether the marriage photographs annexed to the affidavit are that of the petitioner and the victim or not."

Patna High Court

Patna High Court Confers Senior Designation On 16 Advocates, Only One Woman Finds Place In List

The Court has conferred senior designation on 16 advocates in the Full Court meeting. Advocate Nivedita Nirvikar is the only woman who has been designated as a Senior Advocate in the list. The designation has been done in view of the "High Court of Judicature of Patna (Designation of Senior Advocates) Rules, 2019".

Punjab & Haryana High Court

Statement Under Section 67 of NDPS Act Cannot Be Used As A Confessional Statement, Reiterates Punjab & Haryana HC (Dalijit Singh v. State of Haryana)

The Court held that a statement under Section 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be used as a confessional statement in the trial of an offense under the Act.

However, a bench of Justice Raj Mohan Singh relied on the case of Tofan Singh vs. State of Tamil Nadu (2013), where it was held that the officers who are invested with powers under Section 53 of NDPS Act are the police officers within the meaning of Section 25 of the Evidence Act. Thereby, under Section 25 of the Evidence Act thus, any confessional statement made before the police officer would be hit by the said provision.

Bust Drug Cartels, Catch Hold Of Fake Medical Stores: Punjab & Haryana High Court Directs Police (Tarsem Singh v. State Of Punjab)

The Court ordered the Director-General of Police (Punjab) to take practical steps to curb the spread of drug supply and consumption in the State. It has further directed the DGP to 'catch hold' of such persons who are running fake companies/ fake medical stores without valid licenses, for illegal drug trade.

The direction was made by a bench of Justice HS Madaan while allowing the anticipatory bail plea of one Tarsem Singh, booked for alleged commission of offences under the NDPS Act. Though the plea was allowed due to lack of sufficient material to connect Singh with recovery of drugs, the Court issued directions to the DGP to thoroughly probe the matter to bust the drug cartel.

Rajasthan High Court

Compensation For COVID Deaths: Rajasthan High Court Issues Notice To Center & State (Tanay Jain v. Union of India)

The Court has issued notices to the Central and the State Government on a plea seeking ex-gratia compensation for the family members/ dependents of those who succumbed to COVID-19 or Black Fungus (Mucormycosis). A division bench of Chief Justice Indrajit Mahanty and Justice Satish Kumar Sharma has kept the matter for hearing on August 31.

Tripura High Court

Tripura High Court Disposes Suo Moto PIL On Wife, Husband Death By Suicide After Noting Progress In SIT Probe

The Court disposed of a PIL that it had taken suo moto cognizance of pertaining to the untimely death of a young married lady who had allegedly committed suicide after being subjected to grave public humiliation.

On May 6, a Bench comprising Chief Justice Akil Kureshi and Justice S. Talapatra had taken suo moto cognizance of a news item published in print and electronic media claiming that a video recording of a young married lady in an extremely intimate and compromising position with a man was shown in public and unable to bear the insults and humiliation that followed, she had committed suicide.

"No Vaccine Hesitancy In Tripura": High Court Lauds Frontline Workers, Public Participation Over Covid-19 Vaccination Drive (Court on its own motion WP(C)(PIL) No.9/2020)

Observing that there is little or no vaccine hesitancy in the State, the Court lauded the efforts of health and frontline workers in the State and also participation of the general public in receiving sufficient vaccination dozes.

"These figures are quite impressive and could not have been achieved without selfless and tireless work put in by the health workers and the frontline workers, nor could have been achieved without the whole- hearted participation of the population of the State," observed a division bench comprising of Chief Justice Akil Kureshi and Justice S Talapatra while hearing its suo moto case on Covid-19 management.

Uttarakhand High Court

"Petitioners Are Merely Puppets At Hands Of An Unknown Puppeteer": Dismissal By Uttarakhand High Court For Abuse Of PIL Jurisdiction (Sangram Singh & Ors v. Union of India & Ors.)

The Uttarakhand High Court dismissed a petition purportedly filed for environment protection, for abuse of the PIL jurisdiction while noting it to be a highly motivated plea, filed at the behest of an unknown person or entity.

A division bench of Chief Justice RS Chauhan and Justice Alok Kumar Verma noted that the unknown person or entity is merely using the petitioners as a front. Therefore, the petitioners are merely puppets at the hand of an unknown puppeteer, the bench added.

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