Page 8 - Allahabad High Court

Victims' false depiction as minor under POCSO abuse of process of court: HC

The Allahabad High Court has directed that in cases of sexual offences against children, police must ensure that a medical report determining the victim's age is drawn up at the outset and is submitted to the court without any delay. The court said discrepancies in the victim's age in POCSO (Protection of Children from Sexual Offences) cases can substantially affect the rights and liberties of the accused. It granted bail to Ghaziabad-resident Aman, alias Vansh, who was lodged in the jail since December 5, 2023 last year in a POCSO case. "False depiction of a victim as a minor in POCSO Act cases is an abuse of the process of court." Justice Ajay Bhanot said on Tuesday. He observed that the victim's age as mentioned in the prosecution case is often found to be at variance with the age determined by the expert medical boards in a large number of cases. "At times there are multiple contradictions in age-related documents available with the prosecution. Numerous cases of false implica

SC imposes interim stay on HC order on UP Board of Madarsa Education Act

The Supreme Court on Friday imposed an interim stay on an order of the Allahabad High Court that declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism. A three-judge bench headed by Chief Justice D Y Chandrachud issued notices to the Centre, Uttar Pradesh government and others on the pleas against the high court order. "The object and purpose of Madarsa board is regulatory in nature and the Allahabad HC is not prima facie correct that establishment of board will breach secularism," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said. The top court said HC has misconstrued provisions of the 2004 act as it does not provide for religious instruction and the purpose and character of the statute is regulatory in nature. The high court on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state

Was trolled and abused for changing seating position, says CJI Chandrachud

Chief Justice of India D Y Chandrachud on Saturday recalled a recent incident of him facing 'trolling' and 'vicious abuse' for adjusting his seating position, during a hearing due to a discomfort and highlighted the need for judicial officers to manage stress and ensure work-life balance. He was speaking after inaugurating the 21st Biennial State Level Conference of Judicial Officers titled, "Equity and Excellence for Futuristic Judiciary", organised by the Karnataka State Judicial Officer's Association. Speaking on work-life balance and stress management, which was one of the topics of the two-day conference, he said the capacity to manage stress is significant in the life of a judge, especially for district judges. As judicial officers they regularly engage with vulnerable litigants. Many of the people who come to the courts are stressed about the injustice caused to them, he said. "Sometimes in their dealings with us as judges, they cross the line. As Chief Justice of India, I s

UP Madarsa Education Act, 2004 'unconstitutional', declares Allahabad HC

The Allahabad High Court Friday declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate current students in the formal schooling system. A division bench comprising Justice Vivek Chaudhary and Justice Subhash Vidyarthi of the Lucknow branch of the court declared the law ultra vires on a writ petition filed by a person named Anshuman Singh Rathore. Rathore had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madarsa by the Minority Welfare department, both by Union of India and the state government.

Defamation case against Smriti Irani: HC junks shooter Vartika Singh's plea

The Allahabad High Court has dismissed international shooter Vartika Singh's plea challenging an MP/MLA court order rejecting her defamation complaint against Union minister Smriti Irani. The Lucknow bench of the high court said that while replying to journalists' questions, if the petitioner was said to be associated with the Congress party or the "Gandhi family", it was not her defamation. The bench of Faiz Alam Khan passed the verdict on March 5 which was uploaded on Monday. Vartika Singh had filed a case in the Sultanpur MP/MLA court, accusing Irani of defamation. The case was dismissed by the special court on October 21, 2022. The petitioner had challenged the MP/MLA court's order in the high court. Singh's allegation was that when journalists asked Irani about the allegations made by the petitioner against her personal secretary, Irani described the petitioner as a "pawn" of the Congress and said she was having direct links with the Gandhi family. Quoting Irani's entire ...

SC to hear appeal of Gyanvapi panel against an Allahabad High Court order

The Supreme Court on Friday agreed to hear an appeal of the Gyanvapi management committee against an Allahabad High Court order which held that lawsuits for "restoration" of a temple where the mosque stands in Varanasi are maintainable. "We will tag this with the main case," a bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said. The plea in the top court was filed by the Anjuman Intezamia Masjid, the committee which manages the affairs of the Gyanvapi mosque. On December 19 last year, the Allahabad High Court had dismissed pleas challenging the maintainability of a 1991 suit seeking the "restoration" of a temple at the site where the Gyanvapi mosque stands. The HC had said that the "religious character" of a disputed place can only be decided by the court. It had dismissed five related petitions -- on maintainability and also against a survey of the mosque premises -- filed over the years by the mosque committee and the Uttar Pradesh Sunn

Gyanvapi: HC dismisses Muslim side's plea, Hindu puja to continue in cellar

The Varanasi district court had last month ruled that a priest can offer prayers in the southern cellar of Gyanvapi mosque

HC to deliver verdict on plea against prayers at Gyanvapi mosque on Monday

The mosque has four 'tahkhanas' (cellars) in the basement, of which one is still in the possession of the Vyas family, who used to live there

Zee forms independent advisory panel to curb erosion of investor wealth

Zee Entertainment Enterprises Ltd on Friday said its board has constituted an independent advisory committee headed by Satish Chandra, retired judge of Allahabad High Court, to curb erosion of its investor wealth in the wake of speculations, leading to negative public opinion of the company. Earlier this week, media reports said market regulator Sebi has found financial discrepancies in the accounts of the company, although it asserted that the reports-related accounting issues are "incorrect and false". "The board of ZEE Entertainment Enterprises Ltd (ZEEL), has approved to constitute an independent advisory committee that will enable it to review and take cognizance of the widespread circulation of misinformation, market rumours, and speculation that has led to the formation of negative public opinion about the company and consequent erosion of investor wealth," ZEEL said in a statement. The committee will be presided by Dr Satish Chandra, a former judge of Allahabad High Court.

Allahabad HC allows woman with 4 biological children to adopt minor girl

The Allahabad High Court ruled that the District Probation Officer's order, which declared the woman legally unfit to adopt the child, was mechanical and wholly vague

Allahabad HC reserves order on plea against puja in Gyanvapi mosque cellar

The Allahabad High Court on Thursday reserved its order on a plea challenging the Varanasi district court's decision to allow Hindu prayers in a cellar of the Gyanvapi mosque. Justice Rohit Ranjan Agrawal heard the appeal filed by the Anjuman Intezamia Masjid committee, which looks after the affairs of the mosque adjacent to the Kashi Vishwanath temple in Varanasi, and reserved its order, committee's lawyer S F A Naqvi said. "The hearing of the matter is complete and the court has reserved its order," Naqvi added. The Anjuman Intezamia Masjid committee moved the high court on February 2 within hours of the Supreme Court refusing to hear its plea against the Varanasi district court order and asking it to approach the high court. The Varanasi district court had ruled on January 31 that a priest can perform prayers before the idols in the southern cellar of the Gyanvapi mosque.

HC adjourns hearing on plea against order allowing puja in Gyanvapi mosque

The Allahabad High Court on Monday adjourned till February 15 the hearing on a plea challenging the Varanasi district court order allowing Hindu prayers in a cellar of the Gyanvapi mosque in Varanasi. Justice Rohit Ranjan Agrawal passed the order on the appeal filed by the Anjuman Intezamia Masjid committee, which looks after the affairs of the mosque adjacent to the Kashi Vishwanath temple. After hearing the counsels for the Muslim side -- Punit Gupta and SFA Naqvi -- at length, Justice Agrawal fixed February 15 as the date for further hearing in the matter on Naqvi's request. Appearing on behalf of the mosque committee, SFA Naqvi submitted before the court that what right the plaintiff (Vyas) has in the disputed property is not decided yet and therefore without ascertaining the right of the plaintiff, the order to permit puja in the cellar is illegal. The Muslim side also filed certified copies of court orders which were not filed earlier, which were taken on record. The Hindu s

HC to hear plea challenging Hindu prayers in Gyanvapi mosque on Feb 12

The Allahabad High Court on Wednesday adjourned the hearing on the plea challenging the order allowing Hindu prayers in a cellar of the Gyanvapi mosque to February 12. The Allahabad High Court heard the matter and adjourned it for February 12. The Anjuman Intezamia Masjid Committee, which looks after the affairs of the mosque in Varanasi adjacent to the Kashi Vishwanath temple, had filed the plea on Friday last week challenging the Varanasi court order allowing prayers in the southern cellar of the Gyanvapi Mosque. The Allahabad High Court had not given any immediate relief to the Gyanvapi Masjid committee which had challenged the Varanasi district court order.

ASI reveals records on demolition of Mathura's Keshavdev temple: RTI

Archaeological Survey of India's response to RTI query cites 1920 gazette confirmed the dismantling of Keshavdev temple for the construction of Aurangzeb's mosque

HC to hear Muslim side's plea as order allows Hindu prayers in Gyanvapi

Another Hindu side lawyer, Anupam Dwivedi said that an application for the survey of the basements that are left has been submitted to the court, regarding which the hearing will be held tomorrow

Gyanvapi: Hindu side files fresh plea demanding survey of other basements

The petitioner demanded that ASI perform surveys of the remaining cellar entrances that had been sealed

Gyanvapi case: HC adjourns till Feb 6 hearing on plea against puja orders

The Varanasi court, on Wednesday, allowed the Hindu plaintiffs to pray in the mosque's sealed basement, following which a puja was performed in the premises on Thursday

RBI 'mute spectator', allowing banks to charge high interest rates: HC

The Allahabad High Court has observed that the Reserve Bank of India has been a "mute spectator" while banks are imposing arbitrarily high interest rates on customers despite guidelines issued by the banking regulator. The observation was made by a bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar while disposing of a petition filed by Manmeet Singh who had availed of a loan of Rs 9 lakh from a private bank. "Surprisingly, RBI had been issuing guidelines but has done nothing for the implementation of the same. They have just been a mute spectator allowing the banks to charge arbitrarily a very high rate of interest," the court observed. On the RBI's responsibility as the banking regulator in the country, the court said, "Even if the benefit of doubt is given to the banks that they are free to charge the interest rate but it is duty of the RBI to see that the customers are not inconvenienced by huge rate of interest charged by the banks." The petitioner had obtain

Sri Krishna Janmabhoomi case: Will continue our fight, says Muslim side

The Supreme Court observed that HC has acted on a vague application seeking omnibus directions. The court noted that the application has to be specific

SC stays HC order for court-monitored survey of Shahi Idgah in Mathura

The Supreme Court on Tuesday stayed the Allahabad High Court order that allowed a court-monitored survey of the Shahi Idgah mosque adjoining the Krishna Janmabhoomi temple in Mathura. A bench of Justices Sanjiv Khanna and Dipankar Datta stayed the implementation of the December 14, 2023 order by which it had agreed to the appointment of a court commissioner to oversee the survey of the mosque premises which, the Hindu side claims, hold signs suggesting that it was a temple once. The bench said there are certain legal issues which have arisen and questioned the vague application made before the high court for appointment of a court commissioner for the survey. You can't file a vague application for appointment of court commissioner. It should be very specific on the purpose. You can't leave everything to the court to look into it, the bench told senior advocate Shyam Divan, appearing for Hindu bodies like Bhagwan ShriKrishna Virajman and others The bench said it is issuing notice to