Page 5 - Allahabad High Court

Allahabad HC directs ASI to whitewash Sambhal Jama Masjid's outer facade

The court directed the ASI to undertake the whitewashing, with costs being covered by the mosque committee

Insolvency-bound Jaiprakash Associates must be sold as one unit: NCLT

NCLT has said 'Form G' published by the resolution professional of JAL inviting Expression of Interest from prospective buyers

What prejudice will whitewashing walls of Sambhal mosque cause: HC asks ASI

Hearing a matter related to the whitewashing of the Jama Masjid in Uttar Pradesh's Sambhal, the Allahabad High Court on Monday directed the counsel appearing for the Archeological Survey of India (ASI) to come up with specific averments as to what prejudice would whitewashing the outer walls of the mosque cause. Justice Rohit Ranjan Agarwal passed the direction while hearing an objection raised by the mosque committee saying it sought permission only for whitewashing and lighting the outer side of the masjid, for which no specific reply was received from the ASI. The ASI is only talking about the interior side of the mosque, S F A Naqvi, counsel for the committee, argued. Posting the matter for next hearing on March 12, Justice Agarwal directed the Sambhal district magistrate to produce the original agreement entered in 1927 between the administration and the mosque committee to handover the masjid to the ASI. On February 28, the ASI submitted a report stating that the interior of

Allahabad HC grants bail, orders rape accused to marry survivor in 3 months

The Allahabad High Court granted bail to the accused, citing his clean record and the principle of 'bail is a rule, jail an exception'

Allahabad HC directs ASI to clean Jama Masjid in Sambhal, no whitewashing

The Allahabad High Court on Friday directed the Archaeological Survey of India (ASI) to clean the premises of Jama Masjid in Sambhal but did not pass an order for whitewashing of the mosque. The order was passed by Justice Rohit Ranjan Agarwal on an application by Committee of Management, Jama Masjid seeking permission for whitewashing and cleaning of the mosque ahead of Ramzan. On Thursday, the court directed the ASI to immediately inspect the mosque site and appoint a team of three officers who would submit a report in this connection by 10 am on Friday. According to the ASI report, the interior of the mosque has ceramic paint and there is no need to whitewash it at present. During the hearing on Friday, senior advocate S F A Naqvi, appearing for the mosque committee, submitted that they only want whitewashing and lighting work to be done. On this, the court asked the ASI to clean the dust and clear the grass on the premises. Naqvi assured the court that no hindrance will be cau

SC grants bail to ex-UP Minister Azam Khan, son in machine theft case

The Supreme Court has granted bail to former Uttar Pradesh minister Azam Khan and his son Abdullah Azam Khan, who had challenged an order of the Allahabad High Court denying them bail in a machine theft case. A bench of Justices M M Sundresh and Rajesh Bindal set aside the Allahabad High Court order which rejected their bail plea. "Taking into consideration the facts and circumstances of the case which include the period of incarceration undergone by the appellants, and that the chargesheet has already been filed, we are inclined to set aside the impugned order and grant bail to the appellants. "Accordingly, the impugned order stands set aside and the appellants are granted bail, subject to the terms and conditions which are to the satisfaction of the trial court," the bench said in its February 10 order. The top court asked the trial court to impose a condition to the effect that the appellants shall cooperate with the conduct of the trial till its conclusion and shall not make an

Mahakumbh stampede: SC refuses to hear PIL, asks petitioner to move HC

The Supreme Court on Monday refused to hear a PIL for specific guidelines to ensure safety of devotees attending the Maha Kumbh, where at least 30 people were killed and 60 injured in a pre-dawn stampede at Sangam area in Prayagraj. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar noted the submission of the Uttar Pradesh government that a plea was already filed in the Allahabad High Court on the issue and the present petition should be not examined in the apex court. Terming it an unfortunate incident, the top court asked the petitioner advocate Vishal Tiwari to move the Allahabad High Court. This is an unfortunate incident. But, you go to the Allahabad High Court, the bench told Tiwari. The top court noted the submissions of senior advocate Mukul Rohatgi, appearing for the UP government, that a judicial inquiry was initiated. The PIL was filed in the top court on January 30, a day after the incident in the stampede in Prayagraj. The incident took place on

Hindu marriages sacrosanct, cannot be dissolved within a year: Allahabad HC

The court also clarified that divorce petitions filed within a year of marriage can be rejected if they fail to establish extraordinary circumstances under Section 14

We must finds ways to tackle live-in relationship to save moral values: HC

Although live-in relationships have no social sanction, the youths' attraction to it demands there must be devised some framework or solution to save "moral values" of the society, the Allahabad High Court has observed. Justice Nalin Kumar Srivastava made the observation while granting bail to Varanasi-based Akash Keshari, who was booked under various sections of IPC and SC/ST Act for allegedly establishing physical relations with a woman on pretext of marriage. Keshari allegedly refused to marry the person, who approached Sarnath Police Station of Varanasi district. "So far as the live-in relationship is concerned, it has got no social sanction but since the youth is attracted to such relations because a young person, male or female, can easily escape from his or her liability to his or her partner, their attraction is rapidly increasing in favour of such relations. "It is high time we all thought and tried to find out some framework and solution to save the moral values of the ..

Plea on combining lawsuits in Mathura temple-mosque row can wait: SC

The Supreme Court on Friday said a plea challenging the Allahabad High Court order to combine 15 lawsuits by Hindu petitioners on the Mathura Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute may be raised later. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took a prima facie view in favour of the high court decision to consolidate all the lawsuits, saying it favours both sides of the litigation. On January 11 last year, the Allahabad High Court directed that the 15 suits on an application filed by the Hindu plaintiff be consolidated "in interest of justice". At the beginning of hearing on Friday, the SC bench said it is seized of an issue related to a 1991 law on places of worship and asked as to why it should intervene on the matter of the consolidation of the lawsuits at the moment. "If required, you can raise the plea later," the CJI told the lawyer representing the mosque committee. In a related important development, the top court, on December 12,

'Explain why aren't you liable': HC summons DM, SP in Hathras stampede case

The Allahabad High Court has directed the then district magistrate and senior superintendent of police of Hathras to personally appear on January 15 and explain why they should not be held liable for the stampede in 2024 that claimed 121 lives. Justice Shekhar Kumar Yadav on January 6 said such incidents were the result of poor arrangements made by the organisers. "The organisers call innocent people for their benefit and due to lack of proper arrangements, such incidents happen. It is the responsibility of the administration to see whether there is proper arrangement of police force, medical, etc., or not," the judge said while hearing the bail plea of one Manju Devi. The court further said, "In the past, many such incidents have been seen where lakhs of people gather in such events, poor and illiterate people gather due to faith and belief, and due to losing their temper, people die untimely in the stampede. Government counsel Rupak Chaubey said the organisers sought permission .

Allahabad HC judge appears before SC collegium over remarks at VHP event

Allahabad High Court judge Shekhar Kumar Yadav, who purportedly gave controversial statements at a Vishwa Hindu Parishad function, appeared before the Supreme Court collegium on Tuesday, sources said. According to the sources, Yadav appeared before the collegium headed by Chief Justice Sanjiv Khanna and was asked to put forth his version on the statements made. The top court on December 10 took note of news reports over the statements and sought a report from the Allahabad High Court on the issue. "The Supreme Court has taken note of newspaper reports of a speech given by Mr Justice Shekhar Kumar Yadav, a sitting judge of the High Court of Judicature at Allahabad. The details and particulars have been called from the high court and the matter is under consideration," an official statement had said. According to the established norm, a judge, against whom a report is sought by the apex court collegium on any controversial issue from the high court concerned, is given opportunity to

Bengaluru techie suicide: HC relief for uncle, wife in jail. Top updates

The Allahabad High Court has granted anticipatory bail to the Bengaluru techie's wife's uncle, while other family members remain in judicial custody

Atul Subhash case: Allahabad HC grants anticipatory bail to Nikita's uncle

Earlier, Deputy Commissioner of Police (DCP) of Karnataka's Whitefield Shiv Kumar said that all three accused have been remanded to judicial custody

Techie suicide case: Wife, relatives file bail pleas in Allahabad HC

Engineer Atul Subhash's estranged wife and her family members, who he had accused of harassment in his suicide note, have filed anticipatory bail pleas in Allahabad High Court. The anticipatory bail applications have been filed by Subhash's wife Nikita Singhania, her mother Nisha Singhania, brother Anurag Singhania, and uncle Sushil Singhania. The pleas for anticipatory bail came after the Bengaluru City Police on Friday issued a summons to Nikita Singhania and asked her to appear before it within three days. Subhash, a 34-year-old engineer, died by suicide in Bengaluru on Monday, allegedly due to harassment by his estranged wife and her family members. A case of abetment to suicide has been filed against Nikita Singhania and her relatives.

SC seeks details from HC on Justice Shekhar Yadav's controversial speech

The Campaign for Judicial Accountability and Reforms (CJAR) has called for Justice Yadav's suspension and an in-house investigation into his conduct

NGO writes to CJI, seeks probe against Allahabad HC judge for his remarks

Lawyer and convenor of the NGO, Campaign for Judicial Accountability and Reforms, Prashant Bhushan on Tuesday wrote a letter to Chief Justice of India Sanjiv Khanna seeking an in-house enquiry into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court. The call comes in the wake of remarks made by Justice Yadav at a Vishva Hindu Parishad (VHP) event, which the NGO alleges breached judicial ethics and violated the constitutional principles of impartiality and secularism. The judge had said the main aim of the Uniform Civil Code is to promote social harmony, gender equality and secularism. "The main objective of the Uniform Civil Code is to promote social harmony, gender equality and secularism by eliminating unequal legal systems based on different religions and communities," he had said, according to a release issued by the VHP. "A Uniform Civil Code refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance,

UP Gangsters and Anti-Social Activities Act appears to be draconian: SC

The Supreme Court on Wednesday observed that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appeared to be "draconian". The observation by a bench of Justices B R Gavai and K V Viswanathan came while it was hearing a plea filed by a man who has challenged a May 2023 Allahabad High Court order dismissing his application seeking to set aside proceedings against him pending before a district court in Kasganj in a case registered under the Act. "This Act appears to be draconian," the apex court observed. "We will consider it," the bench said while admitting the appeal. While hearing the matter in November last year, the SC had sought responses from the Uttar Pradesh government and others on the plea and said, "By way of ad-interim order, no coercive steps be taken against the petitioner qua Gangster Act." On Wednesday the petitioner's counsel said he has been booked in the case under the provisions of the 1986 Act on allegations of illegal mining in the Ganga

Allahabad HC summons Prayagraj Police Commissioner over contempt petition

The Allahabad High Court has directed Prayagraj Police Commissioner Tarun Gauba and other police officers to appear before it on December 10 on a contempt petition and apprise the court as to what action has been taken against the policemen who delayed in lodging of FIR despite a complaint moved by the applicant. Hearing a contempt petition filed by one Balram Yadav, Justice Salil Kumar Rai directed to list this case for the next hearing on December 10. The applicant had moved a complaint before Ghurpur Police Station, Prayagraj, alleging that one Arpit, who is representative of an MLA, had attacked his father earlier on September 25 in which he died. The applicant, however, alleged that the FIR was not registered due to political pressure which is violation of the court's guidelines. As per previous direction of the high court, the Commissioner of Police, Prayagraj, DCP, Yamuna Nagar, Prayagraj, and other police officials appeared before the court on November 28. They filed an ..

Appointment to govt post can't be denied just because of dowry case: HC

The Allahabad High Court has held that appointment to a government post cannot be denied to a candidate merely because he has been implicated in a dowry case. Justice J J Munir observed, "Given the social conditions prevalent in society, while women do become victims of cruelty in their matrimonial homes, it is equally true, and by now, judicially acknowledged, that for slight or no infraction, the entire family of the husband is either reported to the police or brought before the criminal court by a disenchanted wife or her relatives, alleging cruelty." "Should in a case like this, a candidate selected for his merit through a public examination, who otherwise has a clean image and is part of the mainstream society, be banished from the privileges of public employment?" the court added. Petitioner Baba Singh had applied for the post of assistant boring technician in the Minor Irrigation Department of Uttar Pradesh. He appeared in the relevant examination and cleared it. He was then