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High Courts Weekly Roundup [August 30, 2021 To September 4, 2021]
LIVELAW NEWS NETWORK
5 Sept 2021 9:47 PM IST
![High Courts Weekly Roundup [August 30, 2021 To September 4, 2021]](https://www.livelaw.in/h-upload/2021/05/09/750x450_393155-high-courts-weekly-roundup.jpg "High Courts Weekly Roundup [August 30, 2021 To September 4, 2021]")
Allahabad High Court "Nothing Convincing Argued On Behalf Of State": Allahabad High Court Grants Bail To Man Booked Under UP 'Love Jihad' Law (Motilal @ Motiram v. State of U.P. and Another) The High Court granted bail to a man booked under UP Prohibition of Unlawful Religious Conversion Ordinance, popularly known as the 'Love Jihad' law of Uttar Pradesh, noting that...
Allahabad High Court
"Nothing Convincing Argued On Behalf Of State": Allahabad High Court Grants Bail To Man Booked Under UP 'Love Jihad' Law (Motilal @ Motiram v. State of U.P. and Another)
The High Court granted bail to a man booked under UP Prohibition of Unlawful Religious Conversion Ordinance, popularly known as the 'Love Jihad' law of Uttar Pradesh, noting that nothing convincing had been argued on behalf of the complainant & State to deny him bail. The Bench of Justice Arvind Kumar Mishra-I was hearing the bail plea of Appellant/Accused Motiram who was booked under Sections - 342, 366, 384, 506 I.P.C. & 3/5 of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance & 67A I.T. Act.
"Arguments Have Substance": Allahabad High Court Stays Arrest Of Journalist Booked For Extortion, Forgery (Sharad Kumar Dwivedi v. State Of U.P.Thru.Secy.Home, Lucknow & Ors)
The High Court stayed the arrest of a journalist, Sharad Kumar Dwivedi, booked on the charge of Extortion and Forgery on a complaint made by the Vice President of Bhartiya Janta Party in District Hardoi. The Bench of Justice Ramesh Sinha and Justice Saroj Yadav, prima facie observed that the arguments advanced by the Counsel for the Applicants have some substance and require consideration by this court, therefore, the Court held that a case for interim relief is made out and issued notice to the State of Government of Uttar Pradesh.
Is State Funding To Madrasas & Other Religious Educational Institutions Consistent With Constitution's Secular Scheme?: Allahabad HC Seeks Govt Reply (C/M, Madarsa Anjuman Islamia Faizul Uloom And Another v. State Of U.P. And 3 Others)
The High Court decided to consider a bunch of questions framed by it on issues related to religious educational institutions like Madrasa vis-a-vis the role of and interplay between the State Government and such institutions within the framework of the Constitution. The Bench of Justice Ajay Bhanot was hearing the plea of a Madrasa duly recognized by the Madrasa Board and aided by the State Government seeking the creation of additional posts of teachers in view of an increasing number of students.
Allahabad High Court Refuses To Stay The Release Of Film 'Chehre'; Disposes Appeal By Writer Uday Prakash In Copyright Infringement Case (Uday Prakash v Anand Pandit And Another)
The High Court recently refused to grant a stay on the release of Amitabh Bachchan starrer 'Chehre' in an appeal filed by Writer Uday Prakash alleging copyright infringement by Producer Anand Pandit and Director Rumi Jaffery. Justice JJ Munir refused to grant any interim relief in the appeal filed against the order passed by District Judge Jitendra Kumar Sinha, he had rejected the application seeking a temporary injunction.
Cow Should Be Declared National Animal; Cow Protection Be Made Fundamental Right Of Hindus : Allahabad High Court (Javed v. State of Uttar Pradesh)
Observing that cow should be declared as national animal and cow protection should be kept as a fundamental right of Hindus the High Court denied bail to one Javed who has been accused of slaughtering a cow. "We know that when a country's culture and its faith gets hurt, the country becomes weak," noted the Court.
Denying him bail, the Bench of Justice Shekhar Kumar Yadav noted that the applicant had, after committing theft of the cow, had killed it, beheaded it and its meat was also kept along with it.
"Man's Act Against Societal Norms; Plea Filed To Defame Woman": Allahabad HC Dismisses Habeas Plea, Directs 20K To Be Paid To Woman (Shivani Gupta through Pritosh Yadav v. State Of U.P. And 5 Others)
The High Court dismissed a Habeas Corpus plea filed by a man seeking custody of his alleged lover, a girl, who, presenting herself before the Court, denied the allegations that she has been illegally detained by her father. Therefore, the Bench of Justice Umesh Kumar called the action of the Man in filing habeas plea as "illegal and against the norms of society in which we are living" and thereafter, dismissed his plea with 5,000 cost.
Other developments:
- Whether SOPs For Administration, Management & Security Of Hospitals Being Followed?: Allahabad High Court Asks UP Govt
- "Due To Such Incidents, Faith & Trust Is Decreasing": Allahabad High Court Denies Bail To Sage (Baba) Booked For Raping Minor
Bombay High Court
"Settling Disputes Through Mediation Possible": Bombay HC Grants Anticipatory Bail To Man Who Allegedly Gave 'Triple Talaq' On SMS (Adnan Iqbal Moulvi v. The State of Maharashtra and anr.)
Noting that it is possible to settle the disputes and differences between the husband and the wife through mediation, the High Court last week granted anticipatory bail to a man booked for pronouncing triple talaq to her wife by way of sending an SMS. The Bench of Justice Sandeep K. Shinde was hearing the anticipatory bail plea of one Adnan Iqbal Moulvi booked for offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights) Act, 2019 at the instance of his wife.
Relying on instances of high degree of "mental cruelty" meted out by a wife to her 36-year-old husband, the High Court's Nagpur Bench granted him a divorce. Justice GA Sanap held that the evidence on record proves that the respondent-wife inflicted upon the appellant-husband mental pain and sufferings which would make it impossible for him to live with her. It has been proved that the mental cruelty is such that it would in all probability cause injury to the health of the appellant, he added.
Transgender Person Moves Bombay High Court Seeking Production Of Lover Allegedly Detained By Her Parents (Pooja Kumari @ Bunny Prajapati Versus The State Of Maharashtra And Others)
A transgender person has approached the High Court seeking production of the lover (Girl) who has been allegedly detained by her Parents. Hearing the case, the Bench of Justice Shrikant D. Kulkarni and Justice V. K. Jadhav requested the A.P.P. to take specific instructions in the matter and call papers. As per the case of the petitioner, the transgender person named Pooja Kumari @ Bunny Prajapati and a girl, also known by name Pooja had joined each others' company voluntarily and they are in love with each other.
Also Read: Covid Third Wave Knocking: Bombay High Court Extends Interim Orders Till September 30
Seizure Of Alleged Commercial Quantity Of Cannabis: Bombay High Court Grants Bail To Accused Over Doubts In Chemical Analysis Report (Hari Mahadu Valse v. The State of Maharashtra)
The High Court recently granted bail to the accused in a case involving the alleged seizure of a commercial quantity of 51.460 kg of ganja or cannabis, after noting that the plant's flowering tops were not separately weighed, creating doubts over the actual drug quantity. Justice Anuja Prabhudessai granted bail to the accused Hari Valse who was booked for offences punishable under Sections 8(C) and 20(C) of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), following a raid at a warehouse on August 1, 2017.
A couple in their 40s has approached the High Court to import their cryo-preserved embryo to India, stored in a laboratory in the United States since 2016. A division bench of Justice Ujjal Bhuyan and Madhav Jamdar issued notices to the Centre, Indian Council of Medical Research and other departments following arguments by the petitioner's counsel. In their petition under Article 226 of the constitution, the couple has questioned a 2015 notification by which the Director-General of Foreign Trade moved the import of human embryos from the 'restricted category to the 'prohibited' category except for scientific research.
PC Act - Mere Recovery Of Tainted Money From Accused Without Proof Of Demand Not Sufficient To Convict : Bombay High Court (Sunil Hirasingh Rathod vs. The State of Maharashtra)
In a case under the Prevention of Corruption Act (PC Act), mere recovery of tainted money from the accused in the absence of proof of demand is not sufficient to sustain the conviction, reiterated the High Court. The High Court has observed that in a criminal trial, an accused doesn't have to prove his case with the same rigour with which the prosecution is required to prove theirs. Once the accused gives a reasonable and probable explanation, the prosecution must prove the explanation is false, it said.
Bombay High Court Reserves Order On Default Bail Plea Of Eight Accused In Bhima Koregaon (Sudhir Dhawale v. State of Maharashtra)
The High Court reserved for orders a petition filed by eight accused in the Bhima Koregaon - Elgar Parishad caste violence case challenging cognisance of the charge sheet by a sessions judge in Pune and seeking default bail. The accused have filed the appeal against the Sessions court's order rejecting the default bail application under Section 167(2) of the Code of Criminal Procedure read with Section 43-D (2) of Unlawful Activities (Prevention) Act.
Also Read: Former Maharashtra Home Minister Anil Deshmukh Approaches Bombay High Court to Quash ED Summons
Taloja Jail Incapable Of Caring For Ailing & Elderly Inmates' : Gautam Navlakha Moves Bombay High Court For House Arrest Option (Gautam Navlakha v. NIA)
Bhima Koregaon case accused Gautam Navlakha has approached the High Court for keeping him under house arrest. The 70- year-old has sought to be transferred out of Taloja Central Prison, citing the lump in his chest and great hardship owing to the alleged denial of basic medical and other necessities in Prison.
Continued Incarceration May Hasten Impending Death' : Terminally Ill Alleged Naxal Woman Moves Bombay High Court For Palliative Care (Nirmala Kumari Uppuganti v. State of Maharashtra)
Noting the pitiable conditions inside the prison, the High Court has decided to consider a terminally ill, alleged Naxal woman's case for palliative care during what she calls "the end stage of her terminal illness." However, the court questioned her decision not to seek medical bail but only palliative care at Shanti Avedna Sadan hospice as a relief. The court further asked her to amend her petition either seeking bail or to cite reasons as to why she wasn't seeking bail.
Calcutta High Court
Probe Into Shyama Prasad Mukherjee's Death, Declassify Documents : Plea In Calcutta High Court
A petition has been moved before the High Court seeking an inquiry into the 'mysterious' death of the founder of the Bharatiya Jana Sangh (BJS) Dr. Syama Prasad Mukherjee who had passed away in Kashmir in the year 1953. "The citizen's of India has no information how the death was held while Dr. Shyama Prasad Mukherjee was in custody, hence, all the citizens of India had a right to get appropriate information about the mysterious death of Dr. Shyama Prasad Mukherjee," the plea avers.
The petition filed by Advocates Smarajit Roy Chowdhury and Ajit Kumar Mishra, further seeks declassification of all the documents relating to Mukherjee's death and submission of a report within a fortnight.
Calcutta High Court Seeks State's Response In Plea Seeking Adequate Ration And Financial Assistance For Sex Workers (Aishwarya Adhikari v. State of West Bengal)
The High Court issued notice on a Public Interest Litigation (PIL) highlighting the plight of sex workers in West Bengal who have been left in dire financial crisis owing to the ongoing pandemic. The plea contended that sex workers in the State do not have access to adequate food ration as necessitated under the provisions of the National Food Security Act, 2013 as a result of which their fundamental right to life under Article 21 of the Constitution is being violated.
Calcutta High Court Appoints Former Chief Justice Manjula Chellur To Head SIT Constituted To Probe Post Poll Violence Cases [Read Order] (Anindya Sundar Das v. Union of India and other connected matters)
The High Court notified that Justice Manjula Chellur, former Chief Justice of the High Court would head the Special Investigation Team (SIT) constituted by the High Court to probe into allegations of post poll violence that had erupted in the State of West Bengal after the declaration of the 2021 assembly elections. In its order dated August 19, the High Court had directed the constitution of a SIT consisting of IPS officers of the West Bengal cadre- Suman Bala Sahoo and Soumen Mitra and Ranveer Kumar to probe into various criminal cases other than those related to murder, rape and crimes against women.
Delhi High Court
[Delhi Riots] Vague Evidence & General Allegations Not Sufficient To Invoke 149 R/W 302 IPC: High Court Grants Bail To Five Accused In Head Constable Ratan Lal Murder Case (Md. Arif v. State (BA 774/2021) and connected cases)
The High Court granted bail to five accused in connection with murder of Head Constable Ratan Lal and causing head injuries to a DCP during the North-East Delhi riots that rocked the national capital last year. (FIR 60/2020 PS DayalPur) Justice Subramonium Prasad passed the order after reserving it last month. The Court heard at length various counsels appearing on behalf of the accused persons along with ASG SV Raju and Special Public Prosecutor Amit Prasad appearing for prosecution.
"Exemption Applicable":Delhi HC Upholds CIC Order Denying Information To Husband About Complaints Filed By Estranged Wife Against Previous Husbands (Amit Meharia v. Commissioner of Police & Ors.)
The High Court upheld an order passed by Central Information Commission denying information to a husband about complaints lodged by his estranged wife against her two previous husbands and their family members under the Right to Information Act, 2005. Justice Pratibha M Singh observed that since the information sought concerned not only the wife but also her previous husbands and other persons against whom complaints were registered, exemption under sec. 8(1)(j) of the RTI Act will be applicable in the matter.
Appointment Of Rakesh Asthana As Delhi Police Commissioner: CPIL Seeks Intervention In Plea Before Delhi High Court (Sadre Alam v. Union of India & Ors.)
The Centre for Public Interest Litigation has filed an application before the High Court, seeking to intervene in a plea challenging the appointment of IPS Officer Rakesh Asthana as the Delhi Police Commissioner. The NGO had initially moved the Supreme Court challenging Asthana's appointment. Delhi Police Commissioner, Rakesh Asthana is a 1984-batch Gujarat cadre IPS officer who took charge as Delhi Police Commissioner recently.
Permitting Public Entity To Not Dispose Of RTI Application In Timely Manner Would Defeat The Purpose Of Right To Information Act: Delhi HC (Cradle Life Sciences Pvt Ltd v. UOI & Anr.)
The High Court observed that permitting a public entity, Bureau of Pharma Public Sector Undertakings of India (BPPI) in the present case, to not dispose of an RTI application in a time bound manner would defeat the purpose of the Right to Information Act, 2005. The oral observation came from Justice Rekha Palli who was dealing with a petition filed by a company namely Cradle Life Sciences Pvt Ltd which was aggrieved by the inaction on the part of Union of India through Public Information Officer, Ministry of Chemical and Fertilizers as well as the BPPI for not furnishing the information sought by it under two RTI applications.
"Whether Guidelines Can Be Extended To UTPs Facing Trial For Offences Not Included In Exclusion Clause?": Delhi HC Asks High Powered Committee To Clarify (Manish Kumar v. The State, Ajit v. The State of NCT of Delhi)
The High Court has asked it's High Powered Committee to clarify as to whether the guidelines issued this year can be applied to under trial prisoners who are facing trial for offences not included in the exclusion clause, particularly sec. 364A (Kidnapping for ransom), 394 (Voluntarily causing hurt in committing robbery), 397 (Robbery, or dacoity, with attempt to cause death or grievous hurt) etc. of the Indian Penal Code.
Courts Cannot Injunct Encashment Of Bank Guarantee During Its Validity : Delhi High Court (SPML Infra Ltd. Hitachi India Pvt. Ltd. & Anr.)
The High Court recently remarked that a judicial order cannot be passed that a Bank Guarantee could not be encashed during its validity. A Bench of Justice Manmohan and Justice Navin Chawla added that,
"In our view, the Court cannot injunct encashment of a bank guarantee during its validity if a cause of action arises in future. Bank guarantee has a meaning and legal sanctity attached to it."
Also Read: Non-Appointment Of Lok Sabha Deputy Speaker Since 2 Years: Delhi High Court Seeks Centre's Response
Delhi HC Asks Centre To Expeditiously Decide Plea Of Ethiopian Family Seeking Extension Of Visa Citing Financial Inability To Buy Return Tickets (Rida Al Halawlh & Ors v. Union of India & Ors.)
The High Court has asked the Centre and Foreigners Regional Registration Office (FRRO) to expeditiously decide a plea moved by an Ethiopian family seeking extension of its medical visa in view of their financial difficulty to purchase tickets for going back to their country. Justice Rekha Palli was dealing with a plea moved by five members of the family seeking direction on the authority concerned to extend their visa by a period of 45 days as their medical visa was to expire on August 31.
High Court Asks Delhi Govt About Steps Taken For Regulation Of Public Processions Pursuant To SC Direction In Mazdoor Kisan Sanghatan Case (Vasant Vihar Welfare Association and Anr. v. Union of India & Ors.)
The High Court asked the Delhi Government to apprise the Court about the steps taken by it for regulation of public processions/ demonstrations. Justice Rekha Palli, while hearing a petition against alleged gathering and squatting of a large number of foreign nationals in Delhi's Vasant Vihar area in violation of Covid-appropriate behavior, directed the Government to state, "whether any guidelines have been finalized in respect of Supreme Court's directions in Mazdoor Kisan Shakti Sanghatan v. Union of India (2018)."
"Gender Biased Selection": Delhi HC Issues Notice On Plea By 8 Women Candidates Seeking Publication Of Final Result For Commission In Territorial Army (Malika Dawer & Ors v. Union of India & Ors.)
The High Court issued notice on the petition moved by 8 women candidates seeking publication of final merit list/ result for commission in Territorial Army in which women were found eligible for recruitment and appointment under Section 6 of the Indian Territorial Army Act, 1948 after the Kush Kalra case. Justice Navin Chawla and Justice Manmohan sought response of Centre, Chief of Army Staff, Additional Director General (Recruiting) and the Additional Director General of Territorial Army.
Delhi Riots- "No Second FIR, Fresh Investigation For Same Offence, Same Occurrence": Delhi High Court Quashes FIRs Against One Accused (ATIR v. State of NCT Delhi)
The High Court has quashed four FIRs against one Atir in connection with a Delhi riots case after observing that five separate FIRs cannot be registered for the very same incident against a person.
"The law on the subject has been settled keeping in line with the principles enunciated by the Supreme Court of India. There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or more cognizable offences," Justice Subramonium Prasad reiterated.
Delhi High Court Issues Notice On Contempt Application Filed By Telecom Watchdog Citing Interference With Administration Of Justice (Telecom Watchdog v. Union of India & Ors.)
The High Court issued notice on an application for initiation of contempt, filed by Telecom Watchdog in the case pertaining to grant of telecom contracts to private players under the Universal Services Obligation, allegedly without conducing a tender process. The contempt petition is filed against Secretary, DoT; Deputy Administrator (T-II), USO Fund, DoT; and certain Police officials, for allegedly causing interference with the administration of justice by threatening the Petitioner organization's President with criminal legal action.
Part Of A Well-Oiled Syndicate Having Disastrous Effect On Economy': Delhi High Court Denies Bail To Accused In Fake Currency Case (Tabrez Ahmed v. State of NCT of Delhi)
While refusing bail to a person accused of counterfeiting currency, the High Court has observed that the circulation of fake currency notes is severely detrimental to the economy and hampers the country's financial regulation. The Court further remarked that the production of counterfeit currency notes often stems from dissatisfaction with a country's growth and is, therefore, aimed at financially disintegrating and destabilizing the steady equilibrium of liquidity in the economy.
"Case Of Custodial Torture": Delhi HC Reserves Order On Plea Seeking Transfer Of Probe To CBI In Alleged Murder Of Tihar Inmate Ankit Gujjar (Geeta & Ors v. State & Ors.)
Calling it a serious matter, the High Court remarked that the death of 29 year old Tihar Jail inmate, Ankit Gujjar, is a clear case of custodial torture. Justice Mukta Gupta made the said observation while reserving order on the plea seeking transfer of probe into Ankit's alleged murder inside the jail premises, from Delhi Police to Central Bureau of Investigation (CBI).
The plea moved by Ankit's mother, sister and brother through Advocates Mehmood Pracha and Shariq Nisar, alleged that Ankit was being harassed by jail officials and was in fact murdered as a part of a pre-planned conspiracy.
Law Is Law For Everyone; Take A Decision On Shifting Them Within 2 Days': High Court Tells Delhi Govt Over Afghan Protestors (Vasant Vihar Welfare Association v. Union of India)
The High Court observed that while it has compassion for Afghan nationals who have been displaced amid the political de-stability in their country, it cannot allow them to protest (for seeking refugee status) in public places amid Covid-19 pandemic. The Court also observed that the ongoing protest in Delhi's Vasant Vihar area is in clear violation of the executive orders issued by the Delhi Government for regulation of protests and processions.
Jantar Mantar Sloganeering Case: Delhi High Court Issues Notice On Bail Plea Filed By Preet Singh [Preet Singh v. State]
The Court issued notice on the regular bail plea moved by Preet Singh, accused in connection with the alleged inflammatory and anti-Muslim sloganeering at Jantar Mantar. Justice Mukta Gupta issued notice after hearing Advocate Vishnu Shankar Jain appearing on behalf of Singh in the matter.
Obligation On Banks, Financial Institutions To Maximize Value Of Borrowers' Securities While They Attempt To Minimize Their Losses: Delhi High Court [Pushpa Builders Ltd v. The Vaish Cooperative Adarsh Bank Ltd]
In view of balancing the interests of stakeholders, the Court has held that there is an obligation on banks and financial institutions to maximize value of the securities furnished to them by borrowers while they attempt on minimizing their losses.
Justice Asha Menon also added that while the banks seek collaterals and securities to prevent their losses, it is reasonable to expect from them that they respect right of borrowers in order to maximize their profits from sale of such securities by banks.
Gujarat High Court
Depression Can Be Classified As 'Serious Illness' In COVID's Context: Gujarat High Court [Krishabh Kapoor v. Sardar Vallabhbhai National Institute of Technology, Surat]
Depression can be classified as a serious illness, especially in the context of the COVID, observed the Court as it set aside the order and decision of a government college to cancel the registration and admission of a student as he failed to appear for the examination due to depression and suicidal thoughts.
The Bench of Justice N. V. Anjaria observed thus: "Approach of sympathy is not the rule of law, yet the law has to be benevolent to sub-serve the interests of justice, wherever the facts and circumstances so justify and demand. This is one such case."
Jammu and Kashmir High Court
No Fetters Can Be Placed On Freedom Of Press By Registering FIR Against Reporter For Publishing News Obtained From Identifiable Source: J&K HC [Asif Iqbal Naik v. State of J&K and others]
The High Court has recently observed that no fetters can be placed on freedom of press by registering an FIR against a journalist for publishing a news item on the basis of an information obtained from him from an identifiable source.
"Needless to say that press is often referred to as the fourth pillar of democracy and freedom of the press is vital for the functioning of any democratic country like India. No fetters can be placed on the freedom of press by registering the FIR against a reporter, who was performing his professional duty by publishing a news item on the basis of information obtained by him from an identifiable source," Justice Rajnesh Oswal observed.
'Court Not Powerless': Jammu & Kashmir High Court Issues Directions For Recovery Of 24-Days-Old Girl Child Allegedly Kidnapped By Father's Family [Mahrukh Iqbal v. Union Territory of JK and Ors.]
The High Court is hearing a matter relating to a 24-days-old missing girl child, abducted by her own father and grand-parents, against the wishes of her mother. The Petitioner, i.e., the mother, apprehends that the infant will be killed by her in-laws who are reportedly absconding.
Justice Ali Mohammad Magrey has expressed the importance of the mother in the life of a suckling-baby and has taken a strong note on the non-responsive conduct of the father and his family, who failed to produce the infant before the Court despite clear directions.
Jharkhand High Court
Jharkhand High Court Issues Notice To Advocate General & Addl Advocate General In Contempt Plea Against Them [Devanand Oraon v. The State of Jharkhand & Others]
The Court issued notice to the Advocate General Rajiv Ranjan Mishra and Additional Advocate General Sachin Kumar in a petition seeking initiation of criminal contempt proceedings against them over their alleged remarks and conduct while seeking recusal of Justice Sanjay Kumar Dwivedi.
The Advocate General had sought the recusal of Justice Dwivedi from a matter saying that he had overheard the counsel for the petitioner in that matter saying that the case will be allowed "200%".
Jharkhand High Court Directs Registry To Immediately Get All The Order-Sheets Of Each & Every Case Laminated [Sanjeev Kumar @ Sanjeev Kumar Singh v. Damodar Mishra & Ors.]
Emphasizing that the order sheets of Judicial records need to be protected and preserved, the Court recently directed its registry to get the order sheets of each and every case laminated immediately.
The Bench of Justice Ananda Sen issued this order noting that the High Court is a court of record and thus, due to the passage of time and because of handling of each of the case records by several persons, the order sheets get damaged and in many occasions gets torn.
Karnataka High Court
Sedition Case Over Anti-CAA School Drama : Following Karnataka HC Direction, SP Recommends Disciplinary Action Against Officers Who Interrogated Children [Nayana Jyothi Jhawar v. State Of Karnataka]
The Superintendent of Police (District Bidar) filed an affidavit before the Court, stating that a report has been sent to the Director-General and Inspector-General of police (DGIGP), to take appropriate disciplinary action against the concerned police officers, who were present in uniform and carrying firearms while interrogating minor children, with regard to the sedition case on staging of an anti-CAA drama at Shaheen Education Society in Bidar last year.
Party's Unwillingness To Participate in Mediation Proceedings Cannot Be A Ground For Refusal Of Reference To Mediation: Karnataka High Court [Amalapooh Mary and Ors v V. Ravindra and Anr]
The Court recently clarified that merely because a party is not willing to participate in Mediation proceedings, it could not be a ground for not referring the matter to the Mediation Centre.
Remarking that this was a popular misconception, Justice Suraj Govindaraj relied on Rule 13 of the Karnataka Civil Procedure (Mediation) Rules, 2005 whereby the Court had the power to direct a party to appear before the mediator, and in the event of a Court finding that a party was absenting himself before the mediator without sufficient reason, costs could be imposed on such a party.
Karnataka High Court Reserves Judgment In Plea Against Public Fund Collection For 'Cauvery Calling Project' [A V Amarnathan And State Of Karnataka]
The Court reserved its order on a petition filed by advocate A V Amarnathan,which was later taken up as a suo-motu petition, seeking directions to the Isha Outreach foundation to not collect funds from the public for the Cauvery Calling project.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum, during the hearing, orally queried on whether it was restrained to plant trees on government land. The bench asked, "Is there any law which restrains a citizen from planting a tree on government land?".
Magistrates Should Apply Mind, Record Reasons While Rejecting B-Summary Reports: Karnataka High Court Quashes Criminal Intimidation Case [Nagaraj Rao C.H. v. State By Its S.P.P. Bangalore]
The Court has said that the magistrates while rejecting a B-summary report filed by the police in a given case should record reasons. Such reasons, it said, need not be elaborate but must bear application of mind.
Justice M. Nagaprasanna said "Application of judicious mind is demonstrable only in the order the learned Magistrate would make, for the order to demonstrate application of mind it must contain reasons, as recording of reasons is the only way that one can construe such application of mind."
Karnataka High Court Issues Notice To Centre Over Prohibition Of Electro Convulsive Therapy For Treating Patients With Mental Illness[Dr Vinod G Kulkarni v. Union Of India.]
The Court issued notice to the Union Government and the state government on a petition seeking to quash Section 94 (3) of The Mental Healthcare Act, 2017 which restrains the use of Electro Convulsive Therapy (ECT). The plea seeks permission for use of this therapy for treating patients harbouring suicidal ideas or who attempt suicide, or are dangerous to themselves.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum issued the notice and directed the respondents to file their statement of objections within four weeks. The court also permitted the petitioner, Dr. Vinod G Kulkarni to implead National Institute of Mental Health and Neurosciences (NIMHANS) as a party respondent to the petition.
Karnataka High Court Reserves Judgment On Plea Challenging Handing Over Of Mangalore Airport Management To Adani Enterprises [Airports Authority Employees Union Regd No. 3515 v. Union of India]
The Court reserved its order on a petition filed by the Airports Authority Employees Union, challenging the decision of the Central Government and the Airports Authority of India to hand over the contract for operation and management of Mangalore International Airport to Adani Enterprises Limited.
Senior Advocate Ashok Haranahalli appearing for the petitioners, referred to Section 12 of the Airports Authority of India Act, submitted that "The premises of the airport can be leased but my submission is that the entire airport is given away to a private person for operations."
Karnataka High Court Directs KSLSA To Conduct Survey On Condition Of Public Toilets In Bengaluru City [Letzkit Foundation R And Union Of India]
The Court directed the Karnataka State Legal Services Authority (KSLSA) to conduct a survey of public toilets in Bengaluru city so as to verify their condition.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum said,
"Member secretary of the authority shall conduct a survey in respect of toilets, their conditions, including the fact whether water is available therein and whether they are cleaned regularly, a detailed report be filed within four weeks."
Karnataka High Court Permits Bull Racing, Directs State To Ensure Animals Are Not Tortured [M/S People For Animals Mysuru Animal Welfare Organisation v. State Of Karnataka]
The Court allowed the State government to accord permission to hold bullock/bullock cart races, following the necessary conditions imposed by the Supreme Court.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum said, "No further orders are required as statutory provisions are already in existence in the state of Karnataka for grant of permission to hold a bullock/bullock cart race. State government shall accord permission in accordance with the statutory provisions subject to the aforesaid conditions."
Karnataka High Court Issues Directions To Scrutinize Fresh Files Of Civil Contempt Of Court
The Court has issued directions to the registry in respect to raising of office objections while scrutinizing the fresh files of Contempt of Court Cases (Civil).
The directions are part of an order dated August 11, 2021, in CCC No.586/2021. The relevant text of the circular regarding directions is reproduced below: Whenever it is alleged in a Contempt Petition that an officer of the State Government in his official capacity has committed a breach of an order of this Court, it will be appropriate if the State of Karnataka is made a proforma respondent. This will enable the Government Advocate to contact the accused and appear for them. We also direct that whenever the State of Karnataka is made a party in the Contempt Petitions, office objection shall not be raised.
Karnataka High Court Allows Maternity Leave To Senior Resident Doctor Employed On Contract Basis [Dr. Swetha v. Union of India]
The Court recently quashed an order passed by the Joint Director, ESIC Medical College and Hospital, Kalaburagi, denying maternity leave to a doctor employed with it on contract basis.
Dr Swetha was employed as a Senior Resident in the Department of Medicine, ESIC College & Hospital, Kalaburgi on a contract basis. After 125 days of service, she submitted a leave application in November 2018, seeking grant of Maternity Leave.
Employment Of Manual Scavengers: Karnataka HC Warns District Magistrates Of Contempt, Asks States To File Status Report [All India Central Council Trade Unions And Union Of India]
Observing that "henceforth, in the state of Karnataka, there shall be no manual scavenging ignoring the statutory provisions of the Act and Rules," the Court directed District Magistrates of the concerned districts to ensure proper compliance of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
A division bench of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum said, "Non compliance of the statutory provisions under the Act and Rules and violation of this order, shall be exposing all district magistrates for contempt of court proceeding, as district magistrate is the authority who has remained responsible under the Act of 2013, for rehabilitation of such manual scavengers. It shall be the duty of the district magistrate to create awareness among all officers of local bodies for ensuring compliance to the statutory provisions which are contained in the Act and Rules."
State Informs Karnataka HC That Nearly 70% Text Books Have Been Printed By KTBS, Ensures Complete Distribution By September 15 [A A Sanjeev Narrain v. The State of Karnataka]
The State Government filed a status report before the Court indicating that around 70.82 percent of textbooks to be distributed to students of Standard 1 to Standard 10th, have been printed.
The status report states that, "Presently, textbook printing and supply work is in progress. As on 25-08-2021, the printing progress is 70.82% and supply progress is 54.74%. We have uploaded all the textbooks of classes 1 to 10 in the KTBS official website for the utilization for teachers and students and also action has been taken to strengthen the Book bank in all school levels. The same has been implemented and the direction has been given to utilize the books. As per the direction, the students are utilizing the book bank facility."
Kerala High Court
Nothing Like 'Criminal Kidney': Kerala High Court Says Criminal Antecedents Of Donor Irrelevant For Organ Donation [Radhakrishna Pillai v. District Level Authorization Committee for Transplantation of Human Organs]
The Court recently reiterated that the criminal antecedents of a donor are not criteria to be considered by the authorization committee for transplantation of human organs.
Justice P.V. Kunhikrishnan observed, "There is no organ in the human body like a criminal kidney or criminal liver or criminal heart! There is no difference between the organ of a person without a criminal antecedent and the organ of a person who has no criminal antecedents. Human blood is passing through all of us."
Interference Not Warranted With State's Decision To Hold Plus One Exams: Kerala High Court
The Court while observing that conducting Plus One examination was a matter of Government policy and that much deliberation had gone into the same, held that the interference of the Court was not warranted in the matter.
Justice Raja Vijayaraghavan V while disposing of a set of petitions seeking to cancel the Plus One final examination for the academic year 2020-2021, remarked: "I find it difficult to appreciate the contention of the petitioners that the decision to conduct the exams was taken by the respondents without much deliberation and without any concern for the health of the students."
[Online Classes] Students Should Not Be Sidelined By Digital Divide: Kerala High Court Directs State To Assist Students Without Smartphones [X. v Principal Secretary, Local Self Government Department]
The Court directed the State and concerned authorities to take steps to ensure that economically weak students are not sidelined by the digital divide and that they are also able to pursue education like other children who have access to such gadgets.
Justice Raja Vijayaraghavan V added that they should look into the grievances projected by the students and then inform the Court of the prospects of putting up a website with the assistance of the Kerala State IT mission where schools/needy students could get themselves registered so that interested individuals or organisations could voluntarily contribute to the purchase of phones/ digital gadgets or supply them.
Kerala High Court Extends Term Of Judicial Members Of State Administrative Tribunal By Another Three Weeks [Kerala Administrative Tribunal v. Union of India]
The Court extended the term of the present Judicial Members of the Kerala Administrative Tribunal (KAT) by another three weeks, during which time the Court expects the newly appointed Chairman of the Tribunal to make fresh appointments.
A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath extended the interim order in pleas filed by the KAT Ernakulam Advocates' Association and the KAT Thiruvanathapuram Advocates Association.
Are Petitions Alleging Judicial Misconduct Maintainable? Kerala High Court To Decide [Mathew Z Pulikunnel v Chief Justice of India]
The Court inquired as to the maintainability of two petitions alleging judicial misconduct against one of its sitting judges and two of its retired judges in light of their orders in the Maradu flats demolition issue.
Justice P.B Suresh Kumar while condemning the petitions orally remarked: "If the Court entertains writ petitions like these, how will judges work? How will they render judgement? They are also human beings."
Kerala High Court To Decide Validity Of GO Requiring Unvaccinated Persons To Produce Negative RT-PCR Report To Enter Establishments [Lalu V v. State of Kerala]
The Court reserved its orders in a matter which challenged the Government Order mandating vaccination certificate or RT-PCR negative results to visit shops and other establishments in the State.
Justice PB Suresh Kumar was hearing a petition moved by an employee of the Kerala Tourism Development Corporation (KTDC), who was unwilling to get vaccinated against Covid-19.
Speed Up Process To Appoint Chief Investigating Officer At Police Complaint Authority: Kerala High Court To State Amid Surge In Custodial Violence Cases [Jaffer Khan v. State of Kerala & Ors.]
The Court recently directed the State to speed up the reconstitution of the selection committee and finalise the selection to the post of Chief Investigating Officer at the State Police Complaints Authority (SPCA). A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly ruled so after considering the increasing number of custodial violence cases reported in the State.
Kodakara Money Heist: Kerala High Court Grants Bail To Five Accused [Rouf & Ors. v. State of Kerala]
The Court has granted regular bail to five accused in the Kodakara money heist case, allegedly involving robbery of about Rs. 3.5 crores that took place near Kodakara over-bridge on national highway NH 544.
Justice K Haripal while allowing the bail pleas observed that 10 out of the 22 accused in the matter were already released on bail earlier this month. Finding no suitable reasons to keep them in custody any longer, the Court granted bail to the applicants on similar grounds.
Gold Smuggling Attempt: Kerala High Court Grants Bail to Second Accused Arjun Ayanki [Arjun Ayanki v Superintendent of Customs]
The Court granted bail to the second accused in the gold smuggling attempt, Arjun Ayanki, with stringent conditions, one of them being to surrender his original passport. Justice Shircy V allowed the bail plea in a matter where an attempt was made to smuggle gold through a carrier at the Karipur airport by a group of individuals.
Massive Illegal Tree Felling Case: Kerala High Court Orders Expeditious SIT Probe, Refuses To Transfer Investigation To CBI [George Vattukulam v. State of Kerala & Ors]
The Court declined to order a CBI probe into the massive illegal tree felling case in the State, while directing the present Special Investigation Team of the Crime Branch to complete the investigation expeditiously.
A Division Bench of Chief Justice S. Manikumar and Justice Shaji P Chaly ordered that Crime Branch should also investigate the tree felling occurring in government and forest lands apart from the concerted action behind the matter.
Kerala High Court Directs BEVCO To Abide By Orders Of Excise Commissioner To Relocate Or Equip Liquor Stores With Basic Facilities [My Hindustan Paints v.S. Aanathakrishnan IPS]
The Court has asked the Kerala State Beverages Corporation (BEVCO) to abide by the instructions of the Excise Commissioner in relocating the 89 liquor outlets found to be lacking basic facilities.
Justice Devan Ramachandran while hearing the matter remarked: "Thanks to the petitioner, with the interference of the Court, long queues have been eliminated to some extent from in front of the liquor shops and the State has not yet witnessed its third wave of Covid. Otherwise, we would have been sitting on a catastrophic time bomb by now."
[Inter-State Travel] Restrictions Necessary To Contain The Pandemic: Karnataka Govt Submits Before Kerala High Court [Jayananda K.R v. Union of India & Ors]
The Karnataka government has filed a counter affidavit before the Court, defending its decision requiring production of negative RT-PCR certificates not older than 72 hours from people entering Karnataka from Kerala, irrespective of their vaccination status.
It has claimed that this inter-state travel restriction is to "protect the fundamental right to life and health of not only persons living in Karnataka but also those in Kerala since rigorous testing is one of the most effective methods to fight the pandemic."
Consistent & Reliable Dying Declarations Sufficient To Prove Guilt Of Accused: Kerala High Court [Thankappan v State of Kerala & Ors.]
While pondering over the admissibility of dying declarations, the Court ruled that consistent dying declarations if found to be very reliable, provides credence to each other and proves the guilt of the accused.
A Division Bench comprising Justice Vinod K Chandran and Justice Ziyad Rahman accordingly dismissed an appeal in a matter where a dying woman had given four consistent declarations indicating that she was murdered by her brother-in-law.
Frequent Elephant Attacks: Kerala High Court Directs Forest Department To Take Immediate Action [Vettampara Pourasamthy v. State of Kerala]
The Court admitted a Public Interest Litigation filed by Vettampara Pourasamithy alleging frequent elephant attacks in the Malayatoor Forest areas. A Division Bench of Chief Justice S Manikumar and Justice Shaji P Chaly has directed the Forest Department to file a statement and produce documents on action taken in the matter.
The Secretary to the Government submitted its counter-affidavit before the Kerala High Court o responding to the petition that challenged the prescribed 84 days gap between administering two doses of the Covishield vaccine.
Assistant Solicitor General P. Vijayakumar representing the respondent submitted that India's National COVID Vaccination Program was built on scientific and epidemiological evidence, WHO guidelines and global best practices.
An Unborn Child Has A Life Of Its Own: Kerala High Court Dismisses Plea Seeking Termination Of 31 Week Pregnancy [Indulekha Sreejith v Union of India and Ors]
The Court recently held that when a Medical Board opines that the termination of pregnancy may result in a live baby and that the foetal abnormalities diagnosed are not lethal, in the absence of any threat to the mother's life or health, her reproductive choice will have to give way to the right of the unborn to be born.
Justice P.B Suresh Kumar while dismissing the petition seeking termination of a 31-week pregnancy remarked that the unborn has life from the stage it transforms into foetus, and that there is absolutely no reason to treat an unborn child differently from a born child.
Madhya Pradesh High Court
Madhya Pradesh High Court Refuses To Vacate Stay On Raising OBC Reservation To 27% [Ashita Dubey v. State of Madhya Pradesh & Ors.]
The High Court has refused to vacate a stay order on an ordinance seeking to increase the reservation for Other Backward Classes (OBCs) from 14 per cent to 27 per cent in the State. The state government had moved the Court seeking to vacate the stay which affects the admission to post graduate medical courses.
On hearing both the parties, a Division Bench of Chief Justice Mohammad Rafiq and Justice V K Shukla posted the matter opposing the Ordinance to September 20 for final hearing.
Patwari Strike: Madhya Pradesh High Court Directs State Patwaris To Resume Duties, Govt Asked To Discuss Their Demands [Manoj Kushwaha & Others vs State of MP And Others]
While directing the state government to negotiate with the Madhya Pradesh Patwari Sangh and to consider and discuss with them, their demands, the Court directed approximately fifteen thousand Patwaris to call off their ongoing strike and to forthwith resume duties.
Without going into the details of the demands of the Partwaris, the Bench of Chief Justice Mohammad Rafiq and Justice Pranay Verma directed the Chief Secretary of the State to call the representatives of Madhya Pradesh Patwari Sangh and hold discussions on their demands and take decision within the next two months.
The Court has refused to vacate a stay order on an ordinance seeking to increase the reservation for Other Backward Classes (OBCs) from 14 per cent to 27 per cent in the State. The state government had moved the Court seeking to vacate the stay which affects the admission to post graduate medical courses.
On hearing both the parties, a Division Bench of Chief Justice Mohammad Rafiq and Justice V K Shukla posted the matter opposing the Ordinance to September 20 for final hearing.
"Can't Permit Accused To Engage Lawyer On Prosecutrix's Behalf": MP HC Denies Bail To Man Whose Counsel Had Victim's Vakalatnama [Ramhet vs. State of M.P. & Another]
Underscoring that the accused can't be permitted to engage Lawyer on behalf of the prosecutrix, the High Court recently denied bail to a rape accused whose lawyer was having the Vakalatnama of the victim.
The Bench of Justice G. S. Ahluwalia the bail plea of one Ramhet booked for offence under Sections 376-D, 366 & 506 of IPC, whose counsel submitted before the Court that he was holding the vakalatnama of the prosecutrix.
Primary Teacher Should Be One Of The Highest Paid Employees Under Government: Madhya Pradesh High Court [Seema Shakya and others vs. The Board of Secondary Education thr. And others]
Expressing concern over the steep decline in the standard of education in primary schools in Government Sector, the Court observed that salaries, allowances, and perquisites attached to the post of a primary teacher in the Government Sector should be attractive.
"In fact, a primary teacher should be one of the highest-paid employees under the government so that the most meritorious available in the society is attracted and the best out of them have sterling qualities are ultimately picked up to be appointed as teachers," the Bench of Justice Sheel Nagu and Justice Deepak Kumar Agarwal observed further.
Madras High Court
Centre Files Response Before Madras High Court In Pleas Challenging IT Rules 2021, Next Hearing On September 14 [Digital News Publishers Association v. Union of India and other matters]
The Court took on record the Centre's counter affidavit filed in response to a batch of petitions challenging the constitutional validity of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules, 2021).
Petitions have been filed by acclaimed Carnatic vocalist and Ramon Magsaysay awardee TM Krishna, Digital News Publishers Association (DNPA) as well as journalist Mukund Padmanabhan, challenging the constitutionality of the IT, and seeking a declaration of the same as "ultra vires, void and violative of Articles 14, Article 19(1)(a) and 19(1)(g) of the Constitution of India".
Madras High Court Issues Directions To Curb Police Harassment, Insensitive Media Reporting Against LGBTQ + Community, Calls For Change In Queerphobic MBBS Curriculum [S. Sushma and Anr v. Director General Of Police]
The Court issued a host of directions against police harassment, insensitive media reportage in matters pertaining to the LGBTQIA+ community. The Court was adjudicating upon a writ petition moved by a lesbian couple seeking protection from police harassment.
In its earlier order dated June 7, 2021 the Court had issued a slew of guidelines to ensure that same sex couples are not harassed by police authorities pursuant to missing complaints lodged by their parents. Justice Anand Venkatesh observed with anguish that despite the Court's earlier orders, the police authorities were continuing to harass same sex couples.
Presiding Officer Of Debts Recovery Tribunals Should Be Vigilant That Matters Are Taken Up Chronologically: Madras High Court [The Asst General Manager, State Bank of India v. The Registrar, DRT, Coimbatore, and others]
The Court has recently observed that the Presiding Officer of Debts Recovery Tribunals should be vigilant that matters are taken up chronologically.
The Bench of Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu was hearing a plea filed by the State Bank of India complaining of the inordinate delay on the part of the DRT, Coimbatore, and seeking direction for the early disposal of a matter.
'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar [High Court of Madras v. B. Sathish Kumar]
Two lawyers were found guilty of contempt of court by the High Court for having pursued 'vexatious litigation' to remove a Registrar (Vigilance) by filing a false affidavit accusing her of holding the post in the absence of the required qualifications.
A Bench comprising Justices PN Prakash and RN Manjula observed, "On a careful examination of the materials on record, we are fully satisfied that the alleged contemnors have acted in tandem and hatched a devious plot to manufacture the vexatious litigation in W.P.No.14434 of 2020, on the strength of patently false affidavit which was calculated to not only dislodge the then Registrar (Vigilance) from her post but also bring down the prestige of the High Court"
Misunderstandings With Male Superior At Workplace Do Not Constitute Sexual Harassment: Madras High Court [Mary Rajasekaran v. University of Madras]
Setting aside Tamil Nadu Women's Commission order directing Loyola College Society to pay Rs. 64.3 lakh to a terminated female employee who had levelled sexual harassment charges against a former principal, the High Court ruled that personal feud, misunderstandings and not getting along with a male colleague would not constitute sexual harassment.
'Independence Must Be Given To Individuals To Believe, Imagine And Ponder': Madras HC Dismisses Plea Seeking Public Awareness Against Astrological Superstitions [A.K.Hemaraj v. The Government of Tamil Nadu]
Opining that some amount of independence must be given to individuals to believe, imagine and ponder over their astrological beliefs, the Madras High Court dismissed a Public Interest Litigation (PIL) seeking the Court's leave to direct the concerned authorities to widely spread public awareness against astrological superstitions in a bid to eradicate its consequential evils.
No Fault With Decision To Retain Only Mahatma Gandhi's Image On Currency Notes : Madras HC Dismisses Plea To Print Notes With Netaji's Image [K.K. Ramesh v. Union of India and Ors.]
Finding no fault in Central Government and RBI's decision to retain only the image of Mahatma Gandhi and of no other personality in the currency notes, the Court recently dismissed a plea challenging Centre's rejection of a representation for printing the image of Nethaji Subash Chandra Bose on currency notes
The Division Bench of Justice N. Kirubakaran and Justice M. Duraiswamy observed thus, "This Court is not underestimating the fight and the sacrifice made by Nethaji Subash Chandra Bose and other great leaders for freedom moment of this Country. There are many known heroes and unsung heroes. If everybody starts making such a claim there will not be an end."
Punjab and Haryana High Court
Murder Case Against Gurmeet Singh: Justice Arvind Sangwan Of P&H High Court Recuses Himself From Hearing Transfer Plea [Jagseer Singh v CBI & Anr]
Justice Arvind Singh Sangwan recused himself from hearing the plea to transfer the murder trial against Dera Chief Gurmeet Ram Rahim Singh pending before special CBI judge, Panchkula, noting that he appeared as a lawyer on behalf of Ranjit Singh (regarding whose murder trial, the petition was filed).
Justice Sangwan has now directed that the case be listed before some other Bench, after obtaining the appropriate orders from Hon'ble the Chief Justice.
Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court [Kiran V. Bhaskar v State of Haryana]
Holding that habeas corpus can be issued for restoration of custody of minor to the parent wrongfully deprived of it, the High Court recently granted relief to a father who had filed a petition alleging illegal custody by his wife and her parents.
The High Court went on to rely on the Supreme Court's observation in Yashita Sahu Vs. State of Rajasthan and others wherein it had rejected the contention that a writ of habeas corpus was not maintainable if the child is in the custody of another parent and held that the court can invoke its extraordinary writ jurisdiction for the best interest of the child.
Sikkim High Court
Rule Making Reevaluated Candidates Ineligible For Award Of Rank/Prizes Unconstitutional: Sikkim High Court [Neha Sharma vs. Sikkim University]
The Court 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 those students who sought re-evaluation and students who did not. Non- consideration of re-evaluated marks for award of a medal, either gold or silver, would amount to punishing the student for seeking re-evaluation even when it is permitted, the court said.
Telangana High Court
Telangana High Court Upholds Preventive Detention Of Man Accused Of Duping Poor Farmers [Donthula Anitha v. State of Telangana]
Observing that white-collar crimes against poor farmers should be dealt with an "iron hand" and not leniency, the Court upheld preventive detention of a man accused of duping farmers of their hard-earned agricultural produce.
"Majority of the farmers in our country are illiterate/rustic and have no resources and cannot afford indulging into litigation and they shall not lose their agricultural produce in such a manner. This inability of farmers is being used by the people like the detenu to dupe them and make money on their hard earned agricultural produce, which the farmers get after working hard in the fields, sustaining all kinds of weather and hardship," observed a division bench of Justices A. Rajasheker Reddy and Shameem Akther.
