Page 9 - Allahabad High Court

SC to hear Cong leader Pawan Khera's plea against HC order on Monday

The Supreme Court is scheduled to hear on Monday a plea of Congress leader Pawan Khera challenging Allahabad High Court's refusal to quash criminal proceedings against him for allegedly making objectionable remarks against Prime Minister Narendra Modi. A bench of Justices BR Gavai and Prashant Kumar Mishra is scheduled to hear the plea. The matter was also listed on October 13 but was adjourned after Khera's counsel sought time to file some additional documents. On August 17, the high court dismissed Khera's plea saying the evidence collected by the investigating officer of the case cannot be evaluated in petition filed under section 482 of the CrPC for quashing the case. It had observed that since the top court had asked Khera to raise all the contentions before the chief judicial magistrate, Lucknow, it would be appropriate if he raises all his grievances before the said court. On March 20, the top court clubbed three FIRs lodged against Khera in Assam and Uttar Pradesh for ...

Hindu marriage not valid without 'saat pheras': Allahabad High Court

The word 'Saptapadi' or 'saat pheras' translates from Sanskrit to 'seven steps'

Lakhimpur Kheri violence: SC allows Ashish Mishra to meet ailing mother

Ashish Mishra, the son of Union Minister Ajay Mishra, moved Supreme Court challenging Allahabad High Court which denied bail to him in connection with the Lakhimpur Kheri violence case

SC refuses to hear plea seeking scientific survey in Krishna Janambhoomi

"We do not find it a case to exercise our jurisdiction under Article 136 more so for an interim order," the court said

Gyanvapi complex case: Allahabad High Court sets next hearing on Sept 18

Chief Justice Pritinkar Diwakar on Tuesday heard the petitions filed by the Anjuman Intezamia Masjid Committee and Sunni Central Waqf Board

Court grants 8 more weeks to ASI to complete Gyanvapi mosque survey

A Varanasi court on Friday granted additional time of eight weeks to the Archaeological Survey of India (ASI) to complete the scientific survey of the Gyanvapi mosque complex and submit its report. District Judge A K Vishvesh dismissed the mosque management committee's objection and provided the additional time to the ASI, government counsel Rajesh Mishra said. The ASI is carrying out a scientific survey of the Gyanvapi mosque premises, next to Kashi Vishwanath temple here, to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple. The survey began after the Allahabad High Court upheld a Varanasi district court order and ruled that the step is "necessary in the interest of justice" and will benefit both the Hindu and Muslim sides.

Phone recording, even made illegally, permissible evidence: Allahabad HC

The Lucknow bench of Allahabad High Court has held that recorded phone conversation is an admissible piece of evidence and it cannot be discarded even if obtained illegally. "The communication between the mobile phones of two accused persons when recorded on a digital voice recorder after putting the call on speaker, will not amount to interception," the bench said on Wednesday. A bench of justice Subhash Vidyarthi made the observation, passing an order on a revision plea moved by Mahant Prasad Ram Tripathi, a former CEO of Fatehgarh Cantonment Board. The petitioner had approached the HC against the trial court's order which rejected his discharge application seeking clean chit in a bribery case. The petitioner had challenged the proceedings of trial court on the ground that the entire case was based on recording of phone conversation which was obtained in an illegal manner and as such since this evidence cannot be admissible, the proceedings before the trial court was a futile ...

Changing partners every season not hallmark of stable society: Allahabad HC

The Allahabad High Court held that people who do not have a good relationship with their family cannot contribute to the country's progress

Gyanvapi case: Proceedings transferred to new bench of Allahabad High Court

The proceedings in the Gyanvapi case were moved to a new bench of the Allahabad High Court; the case had been reserved for a verdict set to be announced on Monday

SC to pass guidelines on summoning of officials in courts across nation

The Supreme Court on Monday said it will lay down broad guidelines for courts across the country to deal with the issue of summoning officials in cases involving the government and their officials. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said there must be different set of procedures to deal with contempt proceedings arising out of non-compliance of final judgements and the interim orders passed in pending cases. In pending cases, the affidavits of officials may serve the purpose and in contempt cases, arising out of non-compliance of court orders, the presence of government officials concerned may be necessary, the bench said. "We will lay down some guidelines for summoning of government officers. There must be bifurcation of matters pending and the ones in which adjudication is complete. For pending (cases), summoning officers is not needed but once adjudication is complete then contempt steps in, it said. The court was hearing

HC gives 4 weeks to UP govt, LDA to respond on stalled JP project

The Allahabad High Court has granted four weeks to the state government and the Lucknow Development Authority to file their counter-affidavits on a plea over the alleged delay in completing the construction of Jai Prakash Narayan International Centre in Gomti Nagar. The Lucknow bench of Allahabad High Court directed the matter to be listed after four weeks. A bench of chief justice Printikar Diwakar and justice Rajan Roy passed the order on Friday on the PIL filed by Sanjay Sharma. The petitioner has alleged that the construction of the center was started in 2015 but the work did not progress after a change in government, causing an escalation of cost. Located in the heart of the state capital, the centre was a dream project of the Samajwadi Party.

HC admits Mukhtar Ansari's appeal against life term awarded by lower court

The Allahabad High Court has admitted mafia-turned-politician Mukhtar Ansari's appeal against life term awarded to him by the Varanasi sessions court in the 1991 Awadhesh Rai murder case. A division bench comprising Justice K J Thaker and Justice U C Sharma summoned the lower court record and fixed September 13 as the next date of hearing. In the court proceedings on last Thursday, Mukhtar Ansari's counsel Upendra Upadhya had pleaded on his behalf but the state counsel opposed his appeal. Ansari was on June 5 awarded life imprisonment by the court of special judge (MP-MLA) for the murder of Awadhesh Rai in Varanasi in 1991. The court also slapped a penalty of Rs 1.20 lakh on him. This was Ansari's fifth conviction since September 21, 2022, and the biggest so far in terms of quantum of the sentence. Mukhtar had appeared before the court from the Banda jail through video-conferencing.

PIL seeking sealing of Gyanvapi premises dismissed as withdrawn by HC

The Allahabad High Court on Tuesday dismissed as withdrawn a PIL seeking a direction to the Uttar Pradesh government to seal the entire Gyanvapi premises without affecting the ASI survey order of the Varanasi court. The court dismissed the petition as withdrawn when petitioner counsel made a prayer to approach the appropriate forum as per law and file an application for the reliefs claimed in the PIL A bench comprising Chief Justice Pritinker Diwakar and Justice Ashutosh Srivastava passed the order. The PIL was filed on Wednesday last before the the court seeking directions to the state government and district administration to seal the entire Gyanvapi mosque without affecting the ASI survey. The petition was filed by Jitender Singh Visen, Rakhi Singh and others.

ASI conducts scientific survey of Gyanvapi for 2nd day, to continue on Sun

The Archaeological Survey of India (ASI) on Saturday examined the central hall of the Gyanvapi mosque on the second day of the scientific survey to determine if the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple. Five members from the Muslim side were also present during the survey, after having stayed away on Friday. Government counsel Rajesh Mishra, who was with the ASI survey team a day before as well, on Saturday said the team started work in the morning and completed it by 5 pm. The survey work was stopped between 1 pm to 3 pm for lunch. ASI officials told PTI that the survey work will resume again at 8 am on Sunday. According to ASI officials, the team examined the central hall of the mosque where Namaz is offered. The team also surveyed a few basement areas in the complex. Advocate Tauheed Khan for the Muslim side said two lawyers of the Intezamia Masjid Committee accompanied the survey team. A lawyer for the Hindu side Sudhir Tripathi

GPR can detect if any structure is buried under mosque: ex-ASI official

A former senior ASI official has said that the ground penetrating radar (GPR) technology being used in the ongoing scientific survey of the Gyanvapi mosque complex can detect if any structure is buried beneath the mosque. The Archaeological Survey of India (ASI) on Saturday resumed its scientific survey work at the Gyanvapi mosque in Varanasi, Uttar Pradesh to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple. Former additional director general of the ASI B R Mani said radar technology or ground penetrating radar (GPR) technology involves certain types of equipment. "These equipment are kept on the ground and electromagnetic waves or pulses are sent on the sub-surface level below the ground. These pulses come in contact with any anomaly like bricks, sand, stone, and metals and it is recorded on a monitor," said Mani, who is the Director General of the National Museum here. "Experts study it and make the alignment after which t

Gyanvapi row: ASI team starts work on survey of mosque complex in Varanasi

The Archaeological Survey of India (ASI) began working on a scientific survey of the Gyanvapi premises here on Friday to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple. The survey began at around 7 am, ASI sources said. The ASI team members, along with the representatives of the Hindu petitioners to a legal dispute involving the mosque, were present inside the complex under watertight security arrangements. The members of the Anjuman Intezamia Masjid committee have boycotted the survey. The representatives of the committee who were to accompany the ASI team for the survey abstained from doing so. The survey began after the Allahabad High Court on Thursday upheld a Varanasi district court order and ruled that the proposed step is "necessary in the interest of justice" and will benefit both sides. The order came after the Anjuman Intezamia Masjid committee, representing the Muslim side to the legal dispute, moved the Supreme

Allahabad HC issues notice to SP leader Azam Khan in hate speech case

The Allahabad High Court on Thursday issued a notice to Samajwadi Party leader Azam Khan in a 2019 hate speech case and directed that the record of the trial court as well as appellate court of Rampur be summoned. The high court was hearing an appeal filed by the Uttar Pradesh government challenging a Rampur court's order acquitting Khan in the case. After hearing the appeal, Justice Raj Beer Singh fixed September 27 as the next date of hearing in the case. Khan had allegedly made derogatory remarks against UP Chief Minister Yogi Adityanath during the 2019 Lok Sabha elections. A criminal case alleging hate speech was registered against him at Milak police station in Rampur. Subsequently, the former UP minister was convicted and given three years imprisonment in the said hate speech case by the trial court of Rampur in October 2022. As a result, he was disqualified as MLA from UP Assembly. Khan was convicted under sections 153A (promoting enmity between two groups) and 505 (stateme

Allahabad HC allows ASI to conduct survey of Gyanvapi mosque complex

The Anjuman Intezamia Masjid Committee had challenged the Varanasi District Judge's July 21 order

AIM committee moves SC against HC order allowing ASI survey at Gyanvapi

Muslim body Anjuman Intezamia Masjid committee on Thursday moved the Supreme Court against the Allahabad High Court order permitting an Archaeological Survey of India (ASI) survey at the Gyanvapi mosque. The matter was mentioned by advocate Nizam Pasha before Chief Justice D Y Chandrachud, who was heading a five-judge constitution bench hearing the arguments in the Article 370 issue and was rising for the day, seeking urgent hearing. "The Allahabad High Court has passed an order today. We have filed an SLP against the order. I have sent an email (seeking urgent hearing). Let them not proceed with the survey... ," Pasha said. The CJI said, "I will look at the email right away." One of the parties from the Hindu side has also filed a caveat in the apex court saying that no orders be passed without hearing them in the matter. Earlier in the day, the high court dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the ASI to conduct the surv

UP BJP welcomes HC order on Gyanvapi survey, says it will bring out truth

The Uttar Pradesh BJP on Thursday welcomed the Allahabad High Court order allowing an ASI survey on the Gyanvapi mosque premises and said the exercise will bring out the truth. This is an issue related to the faith of crores of people, BJP state president Bhupendra Singh Chaudhary said in a tweet in Hindi. Earlier in the day, the Allahabad High Court dismissed a petition filed by the Gyanvapi committee challenging a district court order directing the Archaeological Survey of India (ASI) to conduct a survey on the mosque premises to determine if it was built upon a temple. It said the district court order is just and proper, and no interference from this court is warranted. Reacting to the court order, Chaudhary said, "We welcome the decision of the Hon'ble high court on the Gyanvapi issue. Everyone should cooperate and accept the decision of the honourable court. The survey will bring out the truth." "Whatever is being reflected directly in Gyanvapi is a historical truth and a mat