Allahabad High Court Weekly Round-Up: May 08 To May 14

Afshan Ansari vs. State Of U.P. And 4 Others 2023 LiveLaw (AB) 145

Rajveer Singh vs. State of U.P along with a connected appeal 2023 LiveLaw (AB) 146

Laxmi Devi And 3 Otrs. vs. State Of U.P Thru Principal Sec.(Civil Sec.) Lko. Nd 5 Otrs. 2023 LiveLaw (AB) 147

ORDERS/JUDGMENTS OF THE WEEK

Allahabad HC Orders Full Police Security For Ex-MLA Mukhtar Ansari During Jail/Court Transfer, Bars Media Persons From Interviewing Him

Case title - Afshan Ansari vs. State Of U.P. And 4 Others [CRIMINAL MISC. WRIT PETITION No. - 7925 of 2021]

Case Citation: 2023 LiveLaw (AB) 145

The Allahabad High Court directed the Director General of Police of Uttar Pradesh to accord full security to Ex-MLA Mukhtar Ansari while shifting him from one jail to another and while producing him before any Court from jail and on the way or any other place.

The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad also directed that no media person shall be permitted to interview him and that he would be accompanied by the police personnel during his ingress and egress from jail.

‘No Documentary Evidence To Show Recovered Ashes & Burnt Bones Were Of Deceased’: Allahabad High Court Sets Aside Murder Conviction Of Two

Case title - Rajveer Singh vs. State of U.P along with a connected appeal

Case Citation: 2023 LiveLaw (AB) 146

The Allahabad High Court acquitted two accused who were awarded a sentence of life imprisonment in a murder case as it found that the chain of circumstances leading to the guilt of the accused was not complete.

The bench of Justice Kaushal Jayendra Thaker and Justice Arun Kumar Singh Deshwal concluded that the alleged eye witness of the incident did not support the prosecution story and even there was no documentary evidence which could establish that the alleged recovered ashes and burnt bones belonged to the deceased.

Gyanvapi Case | Allahabad High Court Directs ASI To Conduct Scientific Survey Of 'Shiva Linga' Without Damaging It

Case title - Laxmi Devi And 3 Otrs. vs. State Of U.P Thru Principal Sec.(Civil Sec.) Lko. Nd 5 Otrs. [CIVIL REVISION No. - 114 of 2022]

Case Citation: 2023 LiveLaw (AB) 147

In a significant order, the Allahabad High Court has directed the Archaeological Survey of India (ASI) to conduct a scientific survey (using modern techniques) of the 'Shiva Linga' that has purportedly been found inside the Gyanvapi Mosque premises in Varanasi to ascertain its age.

The order was passed today by the bench of Justice Arvind Kumar Mishra-I while ALLOWING a revision plea moved by 4 women Hindu worshippers challenging the Varanasi Court's October 14 order wherein the court had rejected their plea for conducting a scientific probe of the 'Shiva Linga', to determine its age.

OTHER UPDATES FROM THE HIGH COURT

Implementation Of Reformative Steps In Universities To Cure Young Students' Deviant Behaviour: Allahabad HC Seeks Up Govt's Reply

The Allahabad High Court has sought the response of the Uttar Pradesh Government on implementing informative steps in the state Universities to cure the aberrant/deviant behaviour of young students.

Emphasising that the key to maintaining the students' discipline is ensuring a balance between punitive measures and reformative actions, the bench of Justice Ajay Bhanot directed the Additional Chief Standing Counsel to file the affidavit on behalf of the respondent No.10-Additional Chief Secretary, Technical Education, U.P. Lucknow in this regard.

Proposed Demolition Of Farm Houses On Yamuna Active Flood Plain: Allahabad HC Orders Status Quo, Seeks Reply From NOIDA, NMCG

The Allahabad High Court sought responses from the National Mission for Clean Ganga (NMCG) and the NOIDA within two weeks on a petition filed challenging the demolition notices served to the owners of the farmhouses allegedly built over the Yamuna active floodplain area in Sector-135 of Noida.

The bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh has also granted Status Quo with respect to the property of a farm land owner against any coercive action taken by the NOIDA AuthorityThe hearing of the petition will be held in the second week of July.

Disqualified MP Afzal Ansari Moves Allahabad HC Against Conviction In Gangster Act Case, Also Seeks A Stay On Conviction

Disqualified MP Afzal Ansari has moved the Allahabad High Court challenging his conviction in the Gangster Act case wherein he has been sentenced to 4 years in prison by the Ghazipur MP/MLA Court. In a separate plea, he has also prayed for a stay on conviction during the pendency of the appeal.

It may be noted that the case under the Gangster Act against Ansari and his brother and former UP MLA Mukhtar Ansari was registered after they were booked for their involvement in the kidnapping of Vishwa Hindu Parishad office-bearer Nandkishore Rungta in the year 1996 and also in the murder of Bharatiya Janata Party MLA Krishnanand Rai in the year 2005.