Page 26 - High Court

Rahul moves SC against HC's refusal to stay conviction in defamation case

Congress leader Rahul Gandhi moved the Supreme Court on Saturday challenging the Gujarat High Court's July 7 order which dismissed his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark. The appeal has been filed by Gandhi through advocate on record Prasanna S. Gandhi was disqualified as a Member of Parliament on March 24, 2023 after a Gujarat court convicted him and sentenced him to a two-year imprisonment on charges of criminal defamation for comments he made about the Modi surname. In a setback to 53-year-old Gandhi, the high court on July 7 dismissed Gandhi's plea for a stay on his conviction, observing that "purity in politics" is the need of the hour. A stay on Gandhi's conviction could pave the way for his reinstatement as a Lok Sabha MP. However, he has not received any relief from either the sessions court or the Gujarat High Court. In his verdict, Justice Hemant Prachchhak also noted that representatives of people should be "men of

SC Collegium recommends 3 names as judges for HC of Himachal Pradesh

Judicial Officer Rakesh Kainthla has also been recommended as a judge of the HC of Himachal, according to an order issued by the SC Collegium

Amended IT rules on fake news on social media may be excessive: Bombay HC

The Bombay High Court on Friday said the recently amended Information Technology (IT) Rules against fake content on social media against the government may be excessive, quipping that one cannot bring a hammer to kill an ant. A division bench of Justices Gautam Patel and Neela Gokhale also said it still does not understand the need behind the amendment to the Rules and stated it finds it difficult that one authority of the government is given absolute power to decide what is fake, false, and misleading. In a democratic process, the court said, the government is as much a participant as a citizen is and hence a citizen has the fundamental right to question and demand answers and the government is duty-bound to respond. The bench was hearing a bunch of petitions challenging the amended IT Rules. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines have filed petitions in the HC against the Rules, terming them arbitrary and unconstitutional

HC seeks Centre response on whereabouts of missing media person in Kenya

The Delhi High Court Wednesday sought the response of the Centre on a woman's plea claiming her brother and media professional Zulfiqar Ahmad Khan was missing since last year and detained in Kenya. She said she was not in a position to contact him. Justice Subramonium Prasad issued notice to the Ministries of External Affairs and Home Affairs on the petition, and asked them to file a status report within two weeks. The high court listed the matter for further hearing in August. Khan, 49, who went missing in Kenya in July last year, was the ex-COO (chief operating officer) of Balaji Telefilms and had worked with Eros, Star TV India and Warner Brothers, according to the petition. Petitioner Anis Fatima Zachariah said her brother had travelled to Kenya on tourist visa on June 24, 2022 and on July 22 last year, Khan and his friend were around the Westlands, Ole Sereni when some people claiming to be police officers "unlawfully and arbitrarily" intercepted their vehicle and hijacked it.

2020 Delhi riots: HC grants bail to ex-AAP councilor Tahir Hussain

The Delhi High Court on Wednesday granted bail to former AAP councillor Tahir Hussain in five cases related to the northeast Delhi riots of 2020. Communal clashes had broken out in northeast Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 700 injured. "Bail granted subject to conditions in all 5 FIRs," Justice Anish Dayal said on Wednesday while pronouncing the verdict on the bail applications by Hussain in the cases. The cases against the former councillor pertain to alleged rioting during the violence in February 2020. The cases also relate to the injuries suffered by two people on account of a riotous mob pelting stones, throwing petrol bombs and firing gunshots from the terrace of Hussain's house and the alleged commission of offences of attempt to murder and violation of the Arms Act. Hussain is also facing prosecution for the destruction of public property. Besi

K'taka HC stays probe into poll code violation case against BJP chief Nadda

The High Court of Karnataka has stayed the probe into the model code of conduct violation case registered against BJP national president J P Nadda during the assembly elections in the state. Nadda was accused of making a speech during a party campaign at Harapanahalli town in Vijayanaraga in May 2023, in which he allegedly lured voters. The criminal petition filed by Nadda, seeking to cancel the case against him, was heard by a single judge bench of Justice M Nagaprasanna, which gave an interim order staying the investigation on Friday and adjourned the hearing to June 21. Officials of the Election Vigilance Division lodged a complaint with the Harappanahalli Police stating that the speech was delivered in a manner luring and threatening the voters. It also said that he had violated the Model Election Code of Conduct. Nadda has filed the petition in the High Court seeking to quash this investigation.

Cong leader seeks urgent hearing of HC to declare rural polls null and void

Congress leader Kaustav Bagchi said he made a representation to the Chief Justice of the Calcutta High Court seeking an urgent hearing of a prayer seeking that Saturday's panchayat elections in West Bengal be declared null and void on account of violence and killings. Six people were killed till noon since the panchayat polls started at 7 am and another three died in alleged poll-related violence since midnight in the state. Seeking constitution of a special bench for an urgent hearing on Saturday, Bagchi, who is also a lawyer, said he has made a representation to the Chief Justice. He prayed that the rural polls in the state be declared null and void. "I have prayed that the court take suo motu cognisance of the violence and killings and violation of the high court's earlier orders to ensure free and fair polls," he said.

HC directs NHAI to expedite construction of Rae Bareli-Prayagraj road

The Allahabad High Court has expressed serious concern over the National Highways Authority of India not being able to complete the construction of a four-lane road from Rae Bareli to Prayagraj despite deciding on it eight years ago. The high court's Lucknow bench directed the NHAI to decide at an appropriate level to expedite the construction work and fixed July 12 as the next date of hearing. A bench of Justice D K Upadhyaya and Justice O P Shukla passed the order on a pending PIL which was registered in 2013 when the HC had taken suo-motu cognizance of the matter. Upon coming to know from an NHAI affidavit that the decision to build the road was taken in 2015, the bench said, "Ordinarily, the decision to construct a four-lane road taken about eight years ago ought to have been implemented by now. However, the pace of executing of the said decision appears to be slower than expected." The court directed the NHAI to file an affidavit to apprise it as to how work was done after May

SC quashes plea against HC order on petition challenging Scindia's election

The Supreme Court on Friday dismissed a plea against a Madhya Pradesh High Court order by which issues were framed in a petition challenging the election of Union Civil Aviation Minister Jyotiraditya Scindia to Rajya Sabha from Madhya Pradesh in 2020. A bench of Justice Hrishikesh Roy and Justice Pankaj Mithal dismissed the plea filed by Congress leader Govind Singh, who has filed the election petition against Scindia. Singh has challenged the candidature of Scindia as a returned candidate of BJP from Madhya Pradesh in the biennial election for Rajya Sabha held on June 19, 2020, on the ground that while submitting the nomination paper along with an affidavit, the BJP leader did not disclose particulars or information regarding registration of FIR against him and others at Shyamla Hills police station in Bhopal. Senior advocate Anoop George Chaudhary contended that under provisions of the Representation of the People Act, 1951, the contesting candidates must disclose or furnish all .

Senthil Balaji HCP: Arguments to commence before third judge on Jul 11

The Madras High Court will look into the Habeas Corpus Petition filed by arrested Tamil Nadu Minister V Senthil Balaji's wife from July 11, when the third judge will conduct the hearing following a spilt verdict by a division bench earlier on the matter. Justice C V Karthikeyan, who was named as the third judge to hear the HCP, passed an order on Friday to commence the arguments from July 11. Earlier, the Enforcement Directorate prepared a chart in a tabular form pointing out the difference of opinion between the two judges-- Justices J Nisha Banu and D Bharatha Chakravarthy who gave the split verdict, and circulated the same to Balaji's counsel and to the court. In his order, the judge said the court has to test the difference of opinion expressed by the two judges i.e. whether the Enforcement Directorate has powers to seek police custody and if the HCP was maintainable after the detenu was remanded to judicial custody. This court also has to test whether the period of police cust

Fake news rules: Can statute have unbound discretionary authority, asks HC

Is it permissible in law for a statute to have unbound and limitless discretionary authority, the Bombay High Court asked on Friday while hearing a bunch of petitions against the recently amended Information Technology (IT) Rules against fake news. A division bench of Justices Gautam Patel and Neela Gokhale said before it goes into the effect the Rules would have on the fundamental rights of citizens, it needs to know the boundaries and limits of the words - fake, false and misleading - used in the Rules. The court was hearing a bunch of petitions challenging the IT Rules that empower the Centre to identify fake, false and misleading information posted on social media against the government and its business. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines filed petitions in the high court against the rules terming them as arbitrary, unconstitutional and saying that they would have a "chilling effect" on the fundamental rights of ...

Abusive words against PM derogatory, not seditious, says Karnataka HC

The Karnataka High Court has said abusive words used against the Prime Minister was derogatory and irresponsible but it does not constitute sedition, while quashing a case of sedition against a school management. Justice Hemant Chandangoudar, at the Kalburgi bench of the High Court, quashed the FIR filed by the New Town Police Station, Bidar, against Allauddin, Abdul Khaleq, Mohammed Bilal Inamdar and Mohammed Mehatab, all management persons of Shaheen School in Bidar. The court said the ingredients of Section 153(A) (causing disharmony between religious groups) of the Indian Penal Code (IPC) are not found in the case. "The utterance of the abusive words that the Prime Minister should be hit with footwear is not only derogatory, but is irresponsible. The constructive criticism of the government policy is permissible, but the Constitutional functionaries cannot be insulted for having taken a policy decision, for which, certain section of the people may have objection," Justice ...

Guj HC to deliver verdict on Rahul Gandhi's plea seeking stay on conviction

The Gujarat High Court will deliver on Friday its verdict on Congress leader Rahul Gandhi's plea seeking a stay on his conviction in a criminal defamation case over his Modi surname remark. As per the cause list issued by the HC on Thursday, the court of Justice Hemant Prachchhak will deliver the verdict at 11 am. A stay on conviction would pave the way for Gandhi's reinstatement as a Member of Parliament (MP). In May, Justice Prachchhak, while hearing Gandhi's plea, had refused to grant any interim relief saying it will pass a final order after the summer vacation, which ended three weeks back. During a hearing on April 29, Gandhi's lawyer had argued that a maximum punishment of two years for a bailable, non-cognisable offence meant his client could lose his Lok Sabha seat "permanently and irreversibly", which was a "very serious additional irreversible consequence to the person and the constituency he represents". A metropolitan magistrate's court in Surat sentenced the former .

Wife employed earlier can't sit idle and seek maintenance: Karnataka HC

Justice Rajendra Badamikar said that a wife who was employed previously is bound to make efforts to meet the expenses for her livelihood and can seek only supportive maintenance from her husband

HC says 2019 LS election of expelled AIADMK member Ravindhranath invalid

The Madras High Court on Thursday declared invalid the 2019 election of expelled AIADMK member O P Ravindhranath from Tamil Nadu's Theni constituency. Ravindhranath is the son of deposed AIADMK leader and former Chief Minister O Panneerselvam. Justice SS Sundar also declared the seat vacant. However, on a request made by the counsel for Ravindhranath, the judge suspended the operation of the order for a month to enable him to file an appeal before the Supreme Court. The ruling came on a petition filed by a voter from Theni constituency named P Milani. According to advocate V Arun, counsel for Milani, the petitioner contended that Ravindhranath while filing his nomination for the election had suppressed various materials including the particulars of his movable and immovable assets and liabilities, and those of his family members. The suppression of facts had materially affected the election, the lawyer said. Hence Milani filed the present election petition. Arun also said on beha

Fake news: If effect of law is unconstitutional, it has to go, says HC

The Bombay High Court on Thursday said that no matter how laudable or high the motives are while framing rules, if the effect of a rule or law is unconstitutional then it has to go. A division bench of Justices Gautam Patel and Neela Gokhale made the observation while hearing a bunch of petitions challenging the recently amended Information Technology Rules that empower the Centre to identify fake news against the government in social media. Stand-up comedian Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines filed petitions in the high court against the rules terming them as arbitrary, unconstitutional and saying that they would have a "chilling effect" on the fundamental rights of citizens. On April 6 this year, the Union government promulgated certain amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including a provision for a fact-checking unit to flag fake, false or misleading online ...

SC Collegium recommends 7 judges as chief justices for various high courts

The Collegium recommended the names for the High Courts of Bombay, Gujarat, Telangana, Andhra Pradesh, Manipur, Orissa and Kerala

Delhi HC dismisses plea against reduction in allowances of Air India pilots

The Delhi High Court has refused to interfere with the Centre's decision reducing allowances of Air India pilots on account of the COVID-19 pandemic in 2020, saying the pilots, who were taking home lakhs of rupees in spite of the cut when many others in the country had lost their livelihood, cannot claim victimisation. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad took judicial notice of the complete lockdown in 2020, when all aviation operations were suspended, as well as the fact that pilots across various airlines lost their jobs but Air India ensured there were no lay-offs. Dismissing an appeal by Executive Pilots Association against a single bench order rejecting its plea assailing the reduction, the bench remarked, "The fact that a pilot even without the allowance takes home a pay package of Rs 6 to 7 lakh as compared to many other people in the country who lost their entire livelihood during the pandemic cannot raise a grouse that they

Petition seeking Pak PM Sharif's disqualification filed in Lahore HC

A petition has been filed in a Pakistani court seeking the disqualification of Prime Minister Shehbaz Sharif for making a "false promise" to the court regarding the return of his elder brother Nawaz Sharif from the UK after his treatment. The Lahore High Court (LHC) on Tuesday adjourned the hearing for an indefinite period, observing that this petition should have moved when Shehbaz Sharif failed to fulfil his promise during the tenure of the previous government. Nawaz Sharif, the supreme leader of the ruling Pakistan Muslim League-Nawaz (PML-N) and the elder brother of Prime Minister Shehbaz Sharif, has been living in self-exile in the United Kingdom since November 2019. Petitioner Azhar Abbas contended that Shehbaz Sharif had filed a "false affidavit" before a two-judge bench of the LHC in November 2019 that he would ensure the return of his elder brother within four weeks if he (Nawaz Sharif) was allowed to go abroad for his treatment. The petitioner said the LHC accepted Shehba

Delhi HC restrains Cipla from using Gluco-C or Gluco-D trademarks

Zydus argued that Cipla started branding its Glucose product under Gluco C ++ and Gluco D ++, in order to create confusion in the minds of customers