Page 5 - Allahabad High Court

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

SC seeks Gyanvapi Masjid Committee's reply on plea for area's ASI survey

Bench said it will also hear same-day other petitions relating to the case, including an application to consolidate all suits and transfer them from the Varanasi district court to the Allahabad HC

Allahabad HC to hear plea for survey of Gyanvapi's Wazukhana area on Nov 8

The Allahabad High Court on Tuesday adjourned the hearing in a petition challenging the Varanasi judge's last October order that refused to direct the Archeological Survey of India to conduct a survey of the Wazukhana (ablution) area inside the Gyanvapi mosque located by the Kashi Vishwanath temple. The court posted the matter for hearing on November 8 in the petition which is seeking the survey of the Wazukhana area, barring the structure which the Hindu side calls a Shivling and the Muslims describe as a fountain. The order was passed by Justice Rohit Ranjan Agarwal while hearing a civil revision filed by Rakhi Singh, one of plaintiffs. The revision has challenged the Varanasi district judge's order dated October 21, 2023 refusing to direct the ASI to undertake a survey of the Wazukhana. Rakhi Singh is one of the plaintiffs in Sringar Gauri worshipping suit being heard at Varanasi court. She has pleaded that the survey of the Wuzukhana area is necessary in the interest of justic

Allahabad High Court Recruitment 2024: Registration for 3306 posts open

The High Court of Allahabad will start the registration procedure for Group C and D posts on October 4, 2024. Applicants can find the direct link on the official website at allahabadhighcourt.in

Received representation on Rahul Gandhi's citizenship: Govt to Allahabad HC

The central government on Monday informed the Allahabad High Court that it has received a representation filed under the Citizenship Act 1955 alleging Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi had British citizenship. However, Deputy Solicitor General of India SB Pandey sought more time to place before the high court bench the status of action on the representation moved by S Vignesh Shishir. Justices Rajan Roy and Om Prakash Shukla of the Lucknow bench had asked the Centre to apprise the court of the status of the representation after Shishir, a BJP worker hailing from Karnataka, filed a Public Interest Litigation (PIL) stating that no action has been taken by the Centre in the matter. The bench fixed October 24 for next hearing. In the PIL, the petitioner claimed that he made detailed enquiries into the issue of Rahul Gandhi being a British citizen and had several new inputs. He claims to have accessed confidential emails from the UK Government and these

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