Allahabad High Court Weekly Round-Up: March 27 To April 02, 2023

Mahendra Pal And Ors. vs. State Of U.P.Thru Addl.Chief Secy. Deptt Of Basic Edu.Andors along with connected matters 2023 LiveLaw (AB) 108

Deepak vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others 2023 LiveLaw (AB) 109

Agra Development Authority v. Baba Construction Pvt. Ltd. FAO No. 1033 of 2021 2023 LiveLaw (AB) 110

Arvind Singh vs. State Of U.P. Thru. Secy. Home Deptt. 2023 LiveLaw (AB) 112

Mohammad Tariq Qashmi vs. State of U.P. 2023 LiveLaw (AB) 113

ORDERS/JUDGMENTS OF THE WEEK

Assistant Teachers Recruitment: Allahabad HC Directs UP Govt To Revise Select List After Rectifying Irregularities In Fixing Quota

Case title - Mahendra Pal And Ors. vs. State Of U.P.Thru Addl.Chief Secy. Deptt Of Basic Edu.Andors along with connected matters

Case Citation: 2023 LiveLaw (AB) 108

The Allahabad High Court directed the UP Government to prepare a revised select list of 69,000 Assistant Teachers selected through the Assistant Teachers Recruitment Examination (ATRE) 2019 rectifying the irregularities committed in fixing the quota for their appointment.

The bench of Justice Om Prakash Shukla observed that the rules were not followed in fixing reservations in the recruitment process and therefore, the authorities were directed to review the select list released on January 1, 2020.

Allahabad High Court Refuses Relief To Man Accused Of Making Hate Speech Against UP CM Yogi Adityanath, Dhirendra Shastri

Case title - Deepak vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 2077 of 2023]

Case Citation: 2023 LiveLaw (AB) 109

The Allahabad High Court refused to quash an FIR lodged against a Bhim Army leader who has been accused of making hate speech against the Chief Minister of Uttar Pradesh, Yogi Adityanath and Bageshwar Baba, Dhirendra Shastri.

The Bench of Justice Ramesh Sinha (now serving as the Chief Justice of the Chhattisgarh High Court) and Justice Narendra Kumar Johari also declined to stay the arrest of the petitioner Deepak as it noted that prima facie, a case was made out against him.

When Arbitration Clause Covers All The Disputes, Jurisdiction Can’t Be Limited To A Particular Dispute: Allahabad High Court

Case Title: Agra Development Authority v. Baba Construction Pvt. Ltd. FAO No. 1033 of 2021

Case Citation: 2023 LiveLaw (AB) 110

The High Court of Allahabad has held that when the arbitration clause cover all the dispute arising out of the contract within its ambit then the scope of the arbitrator cannot be limited to decide only a particular dispute.

The bench of Justices Prashant Kumar and Manoj Kumar Gupta held that all the disputes that have arisen before the appointment of the arbitrator can be referred to him for adjudication as the claim for damages which has been made prior to invocation of arbitration, becomes a dispute within the meaning of the provision of 1996 Act and the arbitrator’s jurisdiction cannot be confined to a particular dispute.

'Constitution Of India Doesn't Put A Price Tag On Liberty': Allahabad HC Cautions Trial Courts Against Putting Onerous Surety Conditions In Bail Matters

Case title - Arvind Singh vs. State Of U.P. Thru. Secy. Home Deptt. [APPLICATION U/S 482 No. - 2613 of 2023]

Case Citation: 2023 LiveLaw (AB) 112

The Allahabad High Court recently cautioned the Trial Court against putting onerous surety conditions in bail matters which have no connection with the socio-economic status of the prisoner as it noted that the same would negate the order granting bail, and undermine the fundamental right of liberty of the prisoner guaranteed under Article 21 of the Constitution.

Stressing that the Constitution of India does not put a price tag on liberty, the bench of Justice Ajay Bhanot asserted that the purpose of sureties is dissuasive in intent, but unrealistic surety demands are punitive in effect.

After Serving 16 Years In Jail, Man Accused Of Possessing RDX, Detonators Granted Bail By Allahabad High Court

Case title - Mohammad Tariq Qashmi vs. State of U.P. [CRIMINAL APPEAL No. - 605 of 2015]

Case Citation: 2023 LiveLaw (AB) 113

The Allahabad High Court granted bail to one Mohammad Tariq Qashmi who was arrested in december 2007 on the allegation of possessing 1.25 Kg of RDX and three detonators. Qashmi is also an accused in 2007 serial blasts case that targeted courts in Lucknow, Banaras and Faizabad districts of the state.

The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav ordered his release on bail as it took note of the fact that the aspect of recovery of explosive substance requires consideration and that he has already served out the sentence for about 16 years.

OTHER UPDATES FROM THE HIGH COURT

Allahabad High Court Begins Publishing Translated Judgments In Hindi

The Allahabad High Court has started publishing judgments translated into the Hindi language. The decision was taken soon after Justice Pritinker Diwaker took oath as the new Chief Justice of the High Court.

The first judgment that has been translated from the English language to the Hindi language relates to a direction to the UP Government to prepare a revised select list of 69,000 Assistant Teachers selected through the Assistant Teachers Recruitment Examination (ATRE) 2019 rectifying the irregularities committed in fixing the quota for their appointment.

PIL Against 'Illegal' Operation Of Meat Shops, Slaughterhouses In Ghaziabad: Allahabad HC Seeks Response Of Centre, UP Govt

The Allahabad High Court has issued notices to the Centre and the state government and others on a public interest litigation (PIL) plea filed against the alleged illegal meat shops and slaughterhouses operating in the Ghaziabad district.

Hearing the PIL plea moved by Ghaziabad Councillor Himanshu Mittal raising statewide non-compliance with the Food Safety and Standards Act 2006, Prevention of Cruelty to Animals Act, 1960, Environment (Protection) Act, 1986 and MOEFCC guidelines, and various Supreme Court orders, the bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh sought responses of the respondents by May 3, 2023.

Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt

The Allahabad High Court recently sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India.

"The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and State Government from the Principal Secretary, Department of Minority Welfare and Waqf, Government of Uttar Pradesh should be filed answering the petition and aforesaid questions within a period of six weeks from today," the bench of Justice Dinesh Kumar Singh directed after noting that in the Madarsas, besides the normal curriculum, religious education is also imparted to the students.