Page 11 - Allahabad High Court

Allahabad HC stops Al Jazeera from telecasting India....Who lit the Fuse?

The Allahabad High Court on Wednesday restrained Al Jazeera Media Network Private Ltd from telecasting the film "India....Who lit the Fuse?" in the country, considering the "seriousness" of allegations made in a PIL against the movie. Al Jazeera is a news channel based in Doha, Qatar. A bench comprising Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava passed the order on the public interest litigation (PIL) filed by one Sudhir Kumar who argued that the film, if released/broadcast, is likely to create hatred amongst different religious denominations and thereby destroy the secular fabric of India. Prayers were also made to command the respondents 1 to 3 i.e. Union of India, Ministry of Information and Broadcasting and Central Board of Film Certification to review and certify the film in question before its telecast/broadcast. The court also directed the Central government and the authorities constituted under it, to take appropriate measures warranted in law to ensure th

Possession, transportation of cows in UP not an offence: Allahabad HC

The court was hearing bail applications of Yadav, who was arrested and kept in jail for almost three months after six cows, with no signs of physical injury, were recovered from a vehicle

Citizens have right to change their names according to personal will: HC

The Allahabad High Court has ruled that citizens have the right to keep or change their names according to personal preferences, and this comes within the ambit of the Constitution. Justice Ajay Bhanot made the observation on a writ petition filed by one Sameer Rao challenging the UP Madhyamik Siksha Parishad's rejection of his application to get his name changed in the high school and intermediate examination certificates. The high court directed the UP Madhyamik Siksha Parishad to allow the petitioner to change his name from "Shahnawaz" to "Mohammad Sameer Rao" and issue fresh high school and intermediate certificates incorporating the change. "The authorities arbitrarily rejected the application for change of name and misdirected themselves in law. The action of the authorities violates the fundamental rights of the petitioner guaranteed under Article 19(1)(a), Article 21 and Article 14 of the Constitution of India," the court said. The name of the petitioner was recorded as ...

Gyanvapi: HC dismisses Muslim side's plea on right to worship inside mosque

The high court has rejected the mosque committee's challenge to the 5 Hindu women worshippers' suit pending before the Varanasi court

Gyanvapi row: HC to again hear mosque committee's plea on July 14

The Allahabad High Court will further hear on July 14 a plea moved by the Uttar Pradesh Sunni Waqf Board and the Gyanvapi mosque management committee that has challenged the maintainability of a suit filed before a Varanasi court, seeking the restoration of a temple at the site where the mosque exists. The petitioners have also challenged a Varanasi court order dated April 8, 2021, directing the Archaeological Survey of India (ASI) to conduct a comprehensive survey of the Gyanvapi mosque complex. After a brief hearing on Friday, Justice Prakash Padia directed that the matter be put up for further hearing on July 14. Justice Padia had reserved his judgment in the matter on November 28, 2022 after hearing both sides at length. The court had also directed that its earlier interim order that had stayed the aforesaid direction of the Varanasi court will continue till the delivery of the judgment. However, in its order dated May 24, Justice Padia said certain clarifications were required

Appointment of an IPS as head of UP Prosecution Directorate is illegal: HC

The Allahabad High Court on Friday declared the appointment of senior IPS officer Ashutosh Pandey as the head of the Uttar Pradesh Directorate of Prosecution as illegal and without authority of law. The court said the appointment was contrary to statutory provisions of the Code of Criminal Procedure (CrPC), which states that a person holding this post must be in practice as an advocate for not less than 10 years and such an appointment should be made with the concurrence of the chief justice of the state's high court. Besides, the court also directed the state government to ensure the appointment of a new director of prosecution within six month's time. Allowing a petition filed by Kishan Kumar Pathak, a division bench comprising Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed, "Provisions of section 25A(2) of the CrPC are mandatory. In the present case, Ashutosh Pandey, neither possesses the essential qualification nor his appointment has been made with the ...

HC orders investigation of shivling-like structure inside Gyanvapi mosque

The Allahabad High Court on Friday ordered authorities to determine the age of the shivling-like structure inside the Gyanvapi mosque in Varanasi using modern technology. It set aside an October 14 order of the Varanasi District Court that rejected a plea for scientific investigation, including carbon dating, of the structure. The high court ordered authorities to ensure no harm is done to the structure claimed to be a shivling. The mosque authorities say it is part of a fountain in the 'wazu khana', where ablutions are performed before namaz. Justice Arvind Kumar Mishra passed the order on a revision petition challenging the Varanasi court order. PTI CORR.

Allahabad HC bans media interaction with Mukhtar Ansari, tightens security

The direction assumes significance in light of the killing of jailed gangster-turned-politician Atiq Ahmed and his brother Ashraf, in full media glare, while being brought for a medical check-up

Allahabad HC remands back Katra Keshav Dev Temple land case to trial court

The Allahabad High Court on Monday remanded back to a trial court in Mathura the Katra Keshav Dev Temple-Shahi Masjid Idgah land dispute. The Uttar Pradesh Sunni Central Waqf Board and the Shahi Masjid Idgah management committee moved the high court for the adjudication of the matter, saying it had wider implications. Disposing of their petitions, Justice Prakash Padia remanded back the matter to the trial court. A regular civil suit was filed on September 25, 2020 by some devotees before the court of civil judge (senior division) of Mathura claiming right over a 13.37-acre property adjoining Katra Keshav Dev Temple which according to them is the birthplace of Lord Krishna and for the removal of the mosque standing on it. At the time of the presentation of the suit, the civil judge (senior division) did not register it as a civil suit and registered it as a miscellaneous case on the ground that the plaintiffs are not residents of Mathura. On May 19 last year, the district judge ha

Gyanvapi: ASI slammed for not filling report on carbon dating of Shivling

Justice Mishra called the ASI official's attitude "lethargic" and said inaction had hampered the court proceedings

Plea of juvenility can be raised even after 22 years: Allahabad HC

The Lucknow bench of Allahabad High Court in a landmark judgment has held that the plea of juvenility can be raised even after 22 years during trial

Irregularities committed in fixing quota in teacher recruitment: HC

The Lucknow bench of Allahabad High Court on Monday held that the authorities committed several illegalities in fixing quota for appointment of 69,000 teachers in Uttar Pradesh in the Assistant Teachers Recruitment Examination (ATRE)-2019. The court has directed the state government to review the final list issued in the matter on June 1, 2020, within the next three months after fixing the reservation in proper manner. The bench also quashed the select list of 68,000 teachers issued on January 5, 2022. "The reservation limit must not exceed 50 per cent of the total seats in any circumstances," said the bench. A bench of justice Om Prakash Shukla passed the verdict disposing of as many as 117 writ petitions. "Apparently, there was no clarity of the score and details of the reserved category candidates, who appeared in the ATRE 2019. There had been no endeavour from the state authorities, who are custodian of the records of the ATRE 2019 and would have assisted this court in providi

SC asks authorities to remove mosque from Allahabad HC complex in 3 months

The Supreme Court on Monday directed authorities to remove a mosque from the premises of the Allahabad High Court within three months, telling the petitioners opposing the demolition that the structure stood on a terminated lease property and they can't claim it as a matter of right to continue. The petitioners, Waqf Masjid High Court and UP Sunni Central Waqf Board, had challenged a November 2017 Allahabad High Court order, which had given them three months to move the mosque out of the premises. The top court dismissed their plea on Monday. A bench of Justices MR Shah and CT Ravikumar, however, allowed the petitioners to make a representation to the UP government for allotment of land nearby for the mosque. It told the petitioners that the land was a lease property, which was terminated, and they can't claim it as a matter of right to continue. "We further grant three months time to demolish the construction in question by the petitioners and if the construction is not removed .

Declare cow a protected national animal, says Allahabad HC to Centre

The Lucknow bench of Allahabad High Court has said that the Centre should take an appropriate decision to ban cow slaughter and declare it as a 'protected national animal'

He is a 'constant threat': Allahabad HC denies bail to ex-MP Umakant Yadav

"The accused applicant had allegedly committed the first offence of murder in 1974 and in 48 years of his long and heinous journey in the world of crime, he could be convicted only in two cases"

HC imposes Rs 1 lakh fine on man over repeated petitions against UP CM

The Allahabad High Court on Wednesday imposed a fine of Rs 1 lakh on a man for filing repeated petitions against Uttar Pradesh Chief Minister Yogi Adityanath regarding the 2007 Gorakhpur riot case in spite of the issue being settled by the Supreme Court. On January 27, 2007, a Hindu man was killed in a clash between two groups during a Muharram procession in Gorakhpur. The petitioner Parvez Parwaz, a journalist, filed a complaint on September 26, 2008, alleging that Adityanath, the then local MP of the BJP, had delivered speeches seeking revenge for the death of the youth and that he had videos of the same. Subsequently, the state government declined to grant sanction for prosecution. The applicant challenged the government decision before the high court which dismissed his petition. Later, he challenged the decision of the high court before the Supreme Court, which too dismissed it. The applicant had challenged the decision of the trial court dated October 11, 2022, wherein the c

HC quashes proceedings against Salman Khurshid for remarks against UP CM

The Allahabad High Court has quashed criminal proceedings against Congress leader and former Union minister Salman Khurshid for his remarks against Uttar Pradesh Chief Minister Yogi Adityanath during the 2019 Lok Sabha polls. The proceedings were quashed after Khurshid expressed regret, saying he did not intend to hurt anyone. Justice Dinesh Kumar Singh allowed the petition filed by Khurshid for quashing the criminal proceedings. Khurshid made the statement during the poll campaign while responding to questions by journalists about an alleged statement of the chief minister that the Congress leader was a sympathiser of the Batla House accused/terrorists. In response, Khurshid, a former law minister, made the alleged indecent remark. In the 2008 Batla House case, some terrorists and a police inspector were killed. The former law minister said his statement was made in a lighter vein and it was is a famous dialogue from the movie "Shahanshah". He said he had no intention to be ...

Allahabad HC issues notice to complainant in Azam Khan's plea, seeks reply

The Allahabad High Court, while hearing the transfer application filed by Samajwadi Party leader Azam Khan on Tuesday, issued a notice to the complainant and sought his reply

Freedom of speech on social media comes with responsibility: Allahabad HC

The Allahabad High Court has dismissed the petition filed by one Nandini Sachan of Jhansi district, seeking quashing of an FIR that accused her of propagating obscene content on social media

Allahabad HC grants bail to man who threatened to demolish Gyanvapi

Besides approving the bail plea, the court also invoked a ban on his arrest