Allahabad High Court

SC collegium denies Justice Shamim's request, repeats transfer to Madras HC

Declining Allahabad High Court judge Justice Shamim Ahmed's request for reconsideration of his transfer to the Madras High Court, the Supreme Court Collegium on Friday reiterated his transfer for better administration of justice. According to a resolution uploaded on the apex court website, on August 21, 2024, the Collegium, headed by Chief Justice D Y Chandrachud and comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, proposed the transfer of Justice Ahmed. "In terms of the Memorandum of Procedure, we have consulted one of the Judges of the Supreme Court who, being conversant with the affairs of the High Court of Judicature at Allahabad, is in a position to offer views on the proposed transfer. "We have also consulted the Chief Justice of the High Court of Judicature at Allahabad and the Acting Chief Justice of the Madras High Court. Mr Justice Shamim Ahmed, however, by a representation dated 22 August 2024 has requested reconsideration of the proposal for

Wazukhana's ASI survey not permissible due to SC order: Gyanvapi management

An ASI survey of the Gyanvapi Mosque Wazukhana is not permissible as there is a Supreme Court order that the area should be preserved, the mosque management committee has told the Allahabad High Court. The Anjuman Intezamia Committee Thursday filed a counter-affidavit before the Allahabad HC in the matter seeking a survey of the Wazukhana (or ablution area) by the Archaeological Survey of India (ASI). It has been stated in the counter-affidavit that the matter relating to Wazukhana and 'Shiv Linga' is already pending before the Supreme Court and there is a stay order operating that the area be preserved, and the responsibility for its safety and security has been handed over to the District Magistrate, Varanasi. "Hence, any further action is not permissible. Instead, the petitioner should approach the apex court to seek clarification of its 2022 order," the counter-affidavit said. "In this backdrop, the District Judge, Varanasi has rightly rejected the application of Hindu side on

HC refuses to quash proceedings against six for disrespecting national flag

The Allahabad High Court has refused to quash criminal proceedings against six people accused of carrying a tricolour with Quranic verses during a religious procession, saying such incidents could be exploited by those who seek to create communal discord. Dismissing the petition filed by Gulamuddin and five others, Justice Vinod Diwakar said the act was punishable under the Flag Code of India, 2002, and there was a violation of the Prevention of Insults of National Honour Act, 1971. Stressing that the tricolour symbolises unity and diversity of the nation, transcending religious, ethnic and cultural differences, the court observed, "It is a unifying emblem representing the collective identity and sovereignty of India. Act of disrespect towards the 'tiranga' can have far-reaching social cultural implications, particularly in a diverse society like India." Such incidents could be exploited by those who seek to create communal discord or fuel misunderstandings between different ...

Nithari killings: SC to hear CBI's plea against verdict acquitting Koli

The Supreme Court on Wednesday agreed to hear a fresh plea filed by the CBI challenging the Allahabad High Court's verdict that acquitted Surendra Koli in the sensational 2006 Nithari serial killings case. A bench of Justices B R Gavai and K V Viswanathan tagged the CBI's plea with some other petitions pending in the apex court against the high court order of October 16, 2024. On July 19, the top court had agreed to hear separate pleas filed by the Central Bureau of Investigation (CBI) and the Uttar Pradesh government against the high court verdict. It had also issued a notice and sought a response from Koli on the petitions. The apex court had in May agreed to hear a plea filed by the father of one of the victims challenging the high court's verdict acquitting Koli in one of the cases. In this case, Moninder Singh Pandher was acquitted by the sessions court while Koli was awarded the death penalty on September 28, 2010. The high court had acquitted domestic help Pandher and his .

UP Madarsa Education Act: SC to hear pleas against HC's ruling on Aug 13

The Supreme Court on Monday said it will list for final hearing the pleas challenging the Allahabad High Court order that had scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004, calling it "unconstitutional" and violative of the constitutional principle of secularism. The top court had on April 5 stayed the high court judgement, saying the issues raised in seven petitions against the verdict merited closer reflection. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra said it will list the pleas for final disposal on August 13. It also appointed lawyer Ruchira Goel as nodal counsel for ensuring filing of common compilation of documents in electronic form. Senior advocate Abhishek Singhvi, appearing for one of the petitioners, said a contempt petition against the state government has also been filed. "Should we list these for final disposal next Tuesday?... Once we have granted the order of stay then we can list these for final .

HC clears path for Krishna Janmabhoomi vs Shahi Eidgah Mosque legal suits

Allahabad High Court dismissed a plea challenging the 18 pleas filed by Hindu worshippers seeking the restoration of the Lord Krishna temple in the place currently occupied by the Shahid Eidgah mosque

Allahabad HC sets aside Afzal Ansari's conviction, he can continue as MP

The Allahabad High Court on Monday set aside the Ghazipur court order sentencing Samajwadi Party MP Afzal Ansari to four years' imprisonment under the Gangsters Act over the murder of BJP MLA Krishnanand Rai in 2005. With the high court allowing the plea against his conviction, the SP MP can now continue as a member of Parliament. The court also dismissed pleas by the UP government and Piyush Kumar Rai, Krishnanand Rai's son, seeking enhancement of the Ghazipur MP's sentence. The high court's judgment was passed by Justice S K Singh.

'No work-no pay' not for employees reinstated after full exoneration: HC

The Allahabad High Court has held that the 'no work-no pay' formula is not applicable on those Uttar Pradesh government employees who have been reinstated after full exoneration. Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that the rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been fully exonerated from all charges in enquiry is entitled to full pay for the period of dismissal once he is reinstated. It further provides that such period of dismissal shall be treated as period on duty in service. "It is apparent that on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service," the court said on Tuesday, allowing the petition. The court held that the quantum of amount which is payable to such employee will depend upon the nature of exoneration from the charges. It was he

Nithari killings: SC to hear pleas by CBI, UP govt against HC verdict

The Supreme Court on Friday agreed to hear separate pleas filed by the CBI and the Uttar Pradesh government challenging the Allahabad High Court's verdict acquitting Surendra Koli in the sensational 2006 Nithari serial killings case. A bench of Justices B R Gavai, K V Viswanathan, and N Kotiswar Singh issued a notice and sought a response from Koli on the petitions and tagged them with similar pleas which are already pending before the apex court. "Notice. Tag," the bench said. The top court on July 8 sought a response from Koli on separate pleas filed by the Central Bureau of Investigation (CBI) against the high court's October 16 last year verdict. The apex court in May agreed to hear a plea filed by the father of one of the victims challenging the high court's order acquitting Koli in the case. In this case, Moninder Singh Pandher was acquitted by the sessions court while Koli was awarded the death penalty on September 28, 2010. The high court had acquitted domestic help Koli

Allahabad HC directs state to identify homeless, provide shelter and care

Allahabad High Court mandates identification and aid for homeless people in Uttar Pradesh, stresses human dignity and legal rights, in response to a Public Interest Litigation

SC refuses to entertain PIL seeking probe into Hathras stampede tragedy

The Supreme Court on Friday refused to entertain a PIL seeking a probe into the Hathras stampede that left 121 dead, and asked the petitioner to move the Allahabad High Court. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra said such incidents are disturbing but the high courts are equipped to deal with such cases. "Of course, these are disturbing incidents. This (filing of PIL) is usually done here to make a big deal of such incidents. The high court is equipped to deal with this case. Dismissed," the bench said. It asked lawyer and petitioner Vishal Tiwari to move the Allahabad High Court and disposed of the PIL. Tiwari said the issue regarding the non-availability of proper medical facilities to deal with such incidents is a pan India concern and the PIL can be dealt with by the Supreme Court also. The CJI rejected the submission. The plea had sought the appointment of a five-member expert committee under the supervision of a retired

Hathras stampede: Judicial probe panel meets with locals, witnesses

The Uttar Pradesh government's judicial commission team probing the July 2 stampede interacted on Sunday with local people in Hathras, besides officials and witnesses of the tragedy that claimed 121 lives. The three-member team formed under the chairmanship of retired Allahabad High Court judge Brijesh Kumar Shrivastava comprises former IAS officer Hemant Rao and former IPS officer Bhavesh Kumar. It reached Hathras on Saturday and visited the stampede site near Phulrai village along the National Highway 91. On Sunday morning, the team camped at the PWD Guest House along the Aligarh Road in the district and continued the inquiry. "We have been mandated to file our inquiry report within two months," Shrivastava told reporters on Saturday after reviewing the incident site. Hathras District Magistrate Ashish Kumar and Superintendent of Police Nipun Agarwal accompanied the team. So far, nine people, including key accused Devprakash Madhukar, have been arrested in connection with the ...

Pocso Act misused in cases involving romantic relations between teens: HC

Granting bail to a man who allegedly eloped with and married a minor girl, the Allahabad High Court has expressed concern over the POCSO Act being "misused" in cases involving consensual romantic relationships between teenagers. Justice Krishan Pahal said the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. "While the POCSO Act's primary objective is to protect children under the age of majority (18) from sexual exploitation, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons " the court said in its order dated July 3. "The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately," it said. Granting bail to the accused, Satish alias Chand, Justice Pahal said, "Admittedly, the age of

Pocso Act being misused against teens in consensual relationships, says HC

The Allahabad High Court also emphasised the need for courts to carefully assess each case involving consensual teenage relationships

'Majority will become minority one day': HC on religious conversions

The Allahabad High Court also called for an immediate prohibition on religious gatherings where conversions occur

Maha govt to unveil new policy for hoardings in Mumbai Metropolitan Region

The Maharashtra government will soon unveil a policy regarding hoardings in the Mumbai Metropolitan Region (MMR), state Minister Uday Samant told the legislative assembly on Monday. Samant made the statement during a discussion about hoardings erected in the city by violating rules and the hoarding collapse incident in which 17 people lost their lives last month. "A policy will be unveiled once the code of conduct for the legislative council polls ends after the results are declared for the graduates and teachers constituencies," the minister said. He said the committee headed by former Allahabad High Court chief justice Dilip Bhosle is probing the May 13 hoarding collapse in Mumbai's Ghatkopar area. BJP legislator Ram Kadam alleged that Bhavesh Bhinde, whose firm erected the hoarding that collapsed, was photographed with Shiv Sena (UBT) chief Uddhav Thackeray, and his role should also be probed. Samant further said that permissions are not taken from the civic authorities when ..

Indiscriminate arrests gross violation of human rights: Allahabad HC

The Allahabad High Court has held that "irrational and indiscriminate arrests" are gross violation of human rights and arrest should be the last option restricted to "exceptional cases". Justice Siddhartha, during an anticipatory bail hearing against a man accused in a cow slaughter case, observed that arrests should only be carried out when custodial interrogation of the accused is required. Granting anticipatory bail to Mohammad Tabish Raza, the judge said, "After considering rival submissions, this court finds that there is a case registered or about to be registered against the applicant. It cannot be definitely said when the police may apprehend him. "After the lodging of FIR the arrest can be made by the police at will. There is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged," the court said in its order dated June 12. "The courts have repeatedly held that arrest should be the last option for the police and it should be ...

Explain how ICICI engaged recovery agents despite SC bar: HC to chairman

The Allahabad High Court has directed the chairman of the ICICI Bank to personally explain how its officials engaged recovery agents in a loan case despite a prohibition on it by the apex court. Hearing a petition by Jasminder Chahal and three others, all of whom are ICICI officials, Justice Prashant Kumar said, "The officers of the ICICI Bank were very well aware of the fact that they cannot engage any recovery agent, and yet they engaged the services of recovery agents in the year 2013, which is six years after passing of the judgment by the Supreme Court". The Supreme Court in the matter of ICICI Bank Ltd. Vs. Prakash Kaur (2007) had categorically held that the banks will not use the services of the recovery agents to recover the bank loans and they have to follow the procedure laid down under the law. As the chairman of ICICI was not a party in the petition filed under Section 482 (inherent powers of the high court), the court permitted the applicants to make him a party in the

Allahabad HC summons ICICI Bank chairman over employing recovery agent

Allahabad High Court has asked ICICI Bank chairman to personally appear before the court and file an affidavit to explain why the bank used collection agents despite a Supreme Court prohibition

HC rejects appeal over reversal of input tax credit on fraudulent supplies

The court said that merely because the firms were registered on the date of the transaction, it cannot be said that the department is bound to give ITC benefit to the assessee