Page 26 - High Court

No proposal to introduce competitive exam to select HC judges: Govt in RS

There is no proposal to introduce a competitive examination for the selection of high court judges as they are being appointed according to constitutional provisions, Law Minister Arjun Ram Meghwal said on Thursday. India has 25 high courts with a sanctioned strength of 1,114 judges and as on July 1, there were 333 vacancies, according to the law ministry's website. In a written reply in Rajya Sabha, Meghwal said, "There is no proposal to introduce a competitive examination for selection of high court judges as the procedure as per the Constitutional provisions is being followed." In a sub-question, part of a larger question on high court judges, the minister was asked whether the government is planning to consult the Supreme Court for conducting a competitive examination for appointing HC judges. Meghwal explained that the appointment of judges of the Supreme Court and the high courts is made under Articles 124, 217 and 224 of the Constitution and as per the procedure laid down in

Row over services: HC refuses to entertain plea against Centre's ordinance

The Delhi High Court Thursday refused to entertain a plea challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Central Government. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted that the issue of challenging the constitutional validity of the ordinance is already pending before the Supreme Court and granted liberty to the petitioner to approach the apex court. "Will the Supreme Court and the high court hear the same matter? You approach the Supreme Court," the bench said. The high court allowed the petitioner to withdraw the petition. "It is noticed that the challenge to the constitutional validity in respect of such ordinance is pending before the Supreme Court and the matter is listed today. "The petitioner seeks withdrawal of the petition with a liberty to moved an appropriate application in the pending matter. The writ petition is disposed of as withdrawn with the liberty," the bench

HIV patient cannot be denied employment or promotion: Allahabad HC

The Lucknow bench of Allahabad High Court has held that a person suffering from HIV, who is otherwise fit, cannot be denied employment or promotion. The bench comprising Justice D K Upadhyaya and Justice Om Prakash Shukla passed the order on a plea by a CRPF constable challenging a single-judge bench's May 24 order, which rejected his appeal against the order issued by the CRPF that denied him promotion on the ground that he was tested HIV positive. A person's HIV status cannot be a ground for denial of promotion in employment as it would be discriminatory and would violate the principles laid down in Articles 14 (right to equality), 16 (right to non-discrimination in state employment) and 21 (right to life) of the Constitution of India, observed the two-judge bench in its order passed on July 6. Setting aside the single-judge bench order which had expressed favour with the CRPF that the appellant was not entitled to the promotion after having been tested HIV positive, the two-judge

WFI elections now to be held on August 7 following series of postponements

The much-awaited Wrestling Federation of India elections will be held on August 7 following a series of postponements, according to sources in the parent body. The WFI elections were earlier scheduled to be conducted on July 11 but the Gauhati High Court had stayed the polls, following Assam Wrestling Association's (AWA) plea seeking right to participate in the poll process. The state association had claimed that it was entitled to be an affiliated member of the WFI with voting rights but it was denied recognition by the national federation despite its Executive Committee recommending the same on November 15, 2014. The Gauhati High Court had stayed the polls on June 25, the last date to submit names for the electoral college. The roadblock was cleared on Tuesday after the Supreme Court on Tuesday stayed an order of the Gauhati High Court. The WFI, before being suspended by the sports ministry, had set May 7 as the election date. The sports ministry had ordered the WFI to suspend

SC stays Gauhati High Court order of putting on hold WFI elections

The Supreme Court on Tuesday stayed an order of the Gauhati High Court which had put on hold the Wrestling Federation of India (WFI) elections. A bench of Justices Aniruddha Bose and S V Bhatti issued notices to Union Sports Ministry, Wrestling Federation of India, Assam Wrestling Association and others on a plea challenging the June 25 order of the high court. The counsel appearing for petitioner, Andhra Pradesh Amateur Wrestling Association, told the bench that a third party appeared before the high court on Sunday and got the matter stayed. He said the elections in the Wrestling Federation are getting delayed. The bench then proceeded to issue notice and stayed the high court order. The high court had on Monday fixed July 28 as the next date for hearing the petition, filed by the Assam Wrestling Association. The WFI elections were to be conducted on July 11 but the Gauhati High Court had stayed the polls, following Assam Wrestling Association's (AWA) plea seeking right to ...

Urination case: Accused's wife moves HC against NSA, notice issued to state

The Madhya Pradesh High Court on Monday issued a two-week returnable notice to the state on a petition seeking that the stringent National Security Act (NSA) invoked against a person who allegedly urinated on a tribal man in Sidhi district be revoked. A division bench of Chief Justice Ravi Malimath and justice Vishal Mishra served notices to the state and the Sidhi collector seeking their reply. The case has been listed for hearing on August 1. In her writ petition, Kanchan Shukla stated that NSA was invoked unlawfully against her husband Pravesh Shukla, who has been in jail post arrest a day after the video showing him urinating on the tribal man surfaced on July 4. Her plea said Pravesh Shukla was an activist of a political party and the opposition had created an atmosphere and narrative against him. She also contended that her husband had not committed any serious crime barring some petty offences in the past. She said in her plea that provisions of the Indian Penal Code (IPC)

WFI elections delayed further as Gauhati HC fixes Jul 28 for next hearing

The delayed Wrestling Federation of India (WFI) elections were pushed further on Monday with the Gauhati High Court fixing July 28 as the next date for hearing the petition, filed by the Assam Wrestling Association. The WFI elections were to be conducted on July 11 but the Gauhati High Court had stayed the polls, following Assam Wrestling Association's (AWA) plea seeking right to participate in the election process. The state association had claimed that it was entitled to be an affiliated member of the WFI with voting rights but it was denied recognition by the national federation despite its Executive Committee recommending the same on November 15, 2014. Devajit Saikia, the AWA advocate told PTI that the matter has been listed for next hearing on July 28. "The WFI lawyer didn't appear before the court today. Representative of the sports ministry, which is among the respondents, sought one week's time to file their affidavit. Accordingly, the court asked them to file the affidavi

K'taka HC stays transfer of shares worth Rs 2.51 cr in TD Power System Ltd

The High Court of Karnataka has restrained the chairman of TD Power System Ltd (TDPSL) and several others from transferring shares worth Rs 555 crore of the company. The court passed the interim order on a petition by Vijay Ravindra Kirloskar, the chairman of city-based Kirloskar Electric Company (KEC) who founded TDPSL in 1999. Kirloskar along with the several KEC Welfare Trusts had moved the high court seeking a direction to several persons who hold 2.51 crore shares worth Rs 555 crore in the company, not to transfer or sell them in the stock market. Kirloskar and the Trusts had approached a commercial court in Bengaluru seeking an injunction against the chairman of TDPSL and a family friend of Kirloskar, Mohib Nomanbhai Khericha, Kirloskar's nephew Nikhil Kumar and others from alienating Rs 2.51 crore shares of TDPSL held by them. The Commercial Court had refused to give a temporary injunction following which Kirloskar and the Trusts petitioned the HC. A single judge bench of .

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 ...