Page 34 - High Court

HC unhappy over unhealthy pattern of authorities not filing reports in time

The Delhi High Court has expressed displeasure over an "unhealthy pattern" of government authorities, state departments and corporations not filing replies and status reports on petitions in time and warned them of imposing costs if time schedule for pleadings is not adhered to. The high court observed that usually all the governmental authorities, despite specific directions, are unable to file affidavits within the specified time schedule and choose to do so just one or two days before the date of hearing. "The court is constrained to observe that there is an unhealthy pattern of governmental authorities, state departments and corporations not filing the counter affidavits and status reports as per the timelines prescribed by the court... "It is made clear that costs would be liable to be imposed if the time schedule for pleadings fixed by the court is not adhered to, Justice Prathiba M Singh said. The court was hearing a petition by the Wazirpur Bartan Nirmata Sangh stating that

Odisha govt urges HC to monitor health minister's murder case probe

With the opposition BJP and Congress demanding an impartial probe into the killing of Health minister Naba Kishore Das, the state government has requested the Orissa High Court to monitor the investigation being carried out by the Crime Branch of Police. The state government's move in this regard on Monday night came after the opposition BJP demanded a CBI probe and Congress sought a judicial probe into the incident as the lone accused in the minister's killing case was a policeman. "How can the state police probe a case where one of its members is the lone accused," asked Congress MLA Santosh Singh Saluja. The BJP also raised a similar question and demanded a CBI probe as the state police may not deliver justice for its member being the prime and lone accused. The Home department headed by Chief Minister Naveen Patnaik in a letter to the High Court Registrar said that the minister's murder case may be monitored by a sitting or retired judge of the High Court or by a district ...

Inherent powers of high courts should be exercised with care, says SC

The inherent powers of high courts under section 482 of the Code Of Criminal Procedure (CrPC) should be exercised with care, caution and sparingly, the Supreme Court said on Monday. A bench of justices Ajay Rastogi and CT Ravikumar made the observation while quashing and setting aside an FIR registered against a woman and others under sections 323 (voluntarily causing hurt), 406 (criminal breach of trust), 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code (IPC). "There can be no doubt with respect to the position that the jurisdiction under section 482, CrPC is to be exercised with care and caution and sparingly.... The exercise of the said power must be for securing the ends of justice and only in cases where a refusal to exercise that power may result in an abuse of the process of law," the bench said. The top court was hearing an appeal challenging a Calcutta High Court order that refused to quash the FIR against the accused in connection with the management

HC grants bail to ex-Maha minister Anil Deshmukh's former secretary

The Bombay High Court on Wednesday granted bail to Sanjeev Palande, former private secretary of NCP leader Anil Deshmukh, in a corruption case being probed by the Central Bureau of Investigation. Former Maharashtra minister Deshmukh, also an accused in the case, is currently out on bail. A single bench of Justice M S Karnik allowed Palande's bail plea after hearing arguments of the both sides. He is likely to walk out of the jail on January 27, his lawyer Shekhar Jagtap said. The HC had last month granted bail to Palande in a money laundering case being probed by the Enforcement Directorate. The ED had arrested Palande in June 2021 in connection with the money laundering case. Later, the CBI took his custody in the corruption case in April 2022. Former Mumbai police commissioner Param Bir Singh in March 2021 alleged that Deshmukh, who was then the home minister of Maharashtra, had given a target to police officers to collect Rs 100 crore per month from restaurants and bars in ...

Gaumutra cures illness, dung protects from nuclear radiation: Gujarat court

While announcing the life imprisonment sentence to a 22-year old Mohammed Aameen Arif Anjum, Judge SV Vyas of Tapi district court said that religion is born out of a cow

When people fear the State or its agents, there is tyranny: Karnataka HC

When people begin to fear the State or its agents, there is tyranny, the High Court of Karnataka has observed. "When the State or its agents fear the people there is liberty; when the people fear the State or its agents, there is tyranny," Justice M Nagaprasanna has said in his judgment on a petition filed by a 23-year-old advocate from Dakshina Kannada district who was manhandled by the police. He was also paid a compensation of Rs 3 lakh which will be recovered from the erring police officers. Kuldeep, the advocate from Puthila village in Belthangady had approached the HC after his complaint against Suthesh K P, a sub-inspector of police, was not registered. Even after the direction by the court, there was delay in registering the FIR. The HC in its judgment recently, ordered the Director General and Inspector General of Police to initiate departmental inquiry against Suthesh "and his cohorts or any other officer, after identifying those officers who have indulged in the act of .

Ban on road rallies: SC remits back to Andhra HC state govt's plea

At the outset of a brief hearing, Vaidyanathan referred to the sequence of events in the high court and highlighted the procedural infirmities

HC pulls up Delhi govt, seeks fresh rpt vacant posts of public prosecutors

The Delhi High Court has pulled up the Delhi Government over the delay in filling up vacant posts of public prosecutors in Districts Court

HC asks state govt to formulate robust plan for subsidence-hit Joshimath

The Uttarakhand High Court asked the state government on Thursday to formulate a robust plan for subsidence-hit Joshimath town in Chamoli district

Justice N Kotiswar Singh appointed acting chief justice of Gauhati HC

Justice Nongmeikapam Kotiswar Singh was on Tuesday appointed as the acting chief justice of the Gauhati High Court. A notification issued by the Department of Justice in the Law Ministry said Justice Singh would take over from January 12 after incumbent Chief Justice Rashmin Manharbhai Chhaya demits office on January 11. "In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Justice Nongmeikapam Kotiswar Singh, senior-most puisne judge of the Gauhati High Court, to perform the duties of the office of the Chief Justice of that High Court, with effect from January 12, 2023 consequent upon the retirement of Justice Rashmin Manharbhai Chhaya, Chief Justice of the Gauhati High Court," the notification read. While Supreme Court judges retire at the age of 65 years, high court judge retire at 62.

2022 saw fresh attack on collegium system; record appointments in HCs

Amid a renewed attack mounted by the government on the collegium system of appointing members to the higher judiciary, a "record" 138 judges were appointed to the various high courts this year. Law Minister Kiren Rijiju, who has been questioning the collegium system, dubbed it as being "alien" to the Constitution. He also said that the issue of vacancies and appointments in the higher judiciary would continue to linger till such time a new system is created for the same. Seeking to overturn the collegium system, Parliament had passed - with near unanimity - the National Judicial Appointments Commission Act which was given constitutional status. The government brought into force the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 on April 13, 2015. However, both the Acts were challenged in the Supreme Court which eventually declared both the laws as unconstitutional and void on October 16, 2015. After the judgment, the ..

HC asks NHAI to respond to plea challenging collection of double toll tax

The Delhi High Court sought on Friday the response of the National Highways Authority of India (NHAI) and the Centre to a plea challenging the rule making it compulsory for vehicles without FASTag to pay double the the toll tax. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notices to the NHAI and the Ministry of Road Transport and Highways (MoRT&H) on the petition which contended that the rule was discriminatory, arbitrary and against public interest as it empowers the NHAI to collect toll at double the rate, if paid in cash. The high court granted four weeks to the authorities to file their replies and listed the matter for further hearing on April 18. Petitioner Ravinder Tyagi, represented by advocate Praveen Agrawal, has sought the quashing of a provision of the National Highway Fees (Determination of Rates and Collection) Amendment Rules, 2020 read with MoRT&H letters and NHAI circular due to which commuters without a FASTag on their

Representations on lack of objectivity in collegium system received: Rijiju

The government has been receiving representations from "diverse sources" on lack of transparency, objectivity and social diversity in the collegium system of appointment of Supreme Court and high court judges with the request to improve the mechanism, Rajya Sabha was informed on Thursday. In a written reply, Law Minister Kiren Rijiju also said the government has sent suggestions for supplementing the Memorandum of Procedure for appointment of judges to the high courts and Supreme Court. MoP is a document which guides the appointment and transfer of judges in the higher judiciary. He recalled that in a bid to make the collegium system of appointments of judges "more broad-based, transparent, accountable and bringing objectivity in the system", the government brought into force the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 on April 13, 2015. However, both the Acts were challenged in the Supreme Court which eventually .

Bombay HC stays ex-Maha minister Anil Deshmukh's bail order till Dec 27

The Bombay High Court on Wednesday extended till December 27 the stay on its order granting bail to former Maharashtra home minister Anil Deshmukh in a corruption case being probed by the CBI. A single bench of Justice M S Karnik on December 12 granted bail to the 73-year-old Nationalist Congress Party (NCP) leader in the corruption case but said the order will be effective after 10 days, as the Central Bureau of Investigation (CBI) sought time to challenge it in the apex court. The probe agency on Friday moved the Supreme Court but the plea would be heard only in January 2023 after vacation. On Tuesday, the CBI, through Additional Solicitor General (ASG) Anil Singh urged Justice Karnik of the high court to extend the earlier stay till January 3. This court had granted bail but it was not to be effected. The Supreme Court doesn't have a vacation bench, unfortunately. So the order may be extended till January 3, Singh had said. When the matter was called on Wednesday, the ASG urged

Govt hospitals to treat patients irrespective of residence: High Court

Medical treatment has to be provided to all citizens by government hospitals in the national capital irrespective of the patient's place of residence, the Delhi High Court said on Tuesday, observing hospitals cannot insist on "voter ID". Justice Prathiba M Singh, while hearing a petition by a Bihar resident who alleged the city government-run Lok Nayak Hospital provided free MRI test facility only to the residents of Delhi, said hospitals cannot deny treatment to those coming from outside. The Delhi government assured there was no discrimination by the hospital on the basis of a patient's place of residence as alleged by the petitioner. They (hospital) can't insist on voter ID here.For hospitals, either AIIMS or any other hospital in Delhi, you cannot stop citizens from outside coming (and seeking treatment), the court said. A perusal of the judgement of this court makes it very clear that insofar as health treatment is concerned, the treatment has to be provided to all citizens .

'State of affairs appalling': Delhi HC on EWS admission to pvt schools

Delhi HC raised concerns over admission status of students belonging to Economically Weaker Sections (EWS) to private schools, labelling the state of affairs as "appalling, anguishing and agonising"

Nirav Modi loses bid to go to UK Supreme Court against extradition to India

Fugitive jeweller and designer had fled India in early 2018, days before the details of his alleged role in large-scale fraud at the Punjab National Bank became public

Woman's right to reproductive choice is her personal liberty: Kerala HC

A woman's right to reproductive choice is part of her personal liberty under Article 21, the Kerala High Court has said while allowing medical termination of pregnancy for a minor rape survivor. Justice V G Arun, in an order issued on December 12, allowed the petition of a 17-year-old mentally challenged girl, to terminate her pregnancy that reached 26 weeks. "A woman's right to make reproductive choice is recognised as part of her personal liberty under Article 21, subject of course to reasonable restrictions," the court said. The court noted that the medical board, after considering all aspects, has opined that continuation of pregnancy can seriously affect the mental health of the victim and she is likely to develop depression and psychosis. "In view of the Medical Board's opinion and considering the mental status of the victim, I am inclined to allow the prayer for medical termination of the pregnancy," the court said. It also opined that each day's delay will add to the victi

Facebook posts not determinative of person's location, says Delhi HC

A court cannot treat Facebook posts as determinative of the location of a person at a particular point of time, the Delhi High Court has said, while allowing the plea of a lawyer against an order of the Intellectual Property Appellate Board (IPAB). The court's observation came while dealing with the lawyer's petition challenging an adverse order passed against him by the IPAB for a deliberate, wrong, irresponsible representation to seek an adjournment in a case. The IPAB had said that while an adjournment was being sought on the ground that the petitioner lawyer, who was the main counsel in the case, was in quarantine and his office was closed due to COVID-19, the Board was shown that as per his Facebook posts he was on a holiday. Justice C Hari Shankar, in his order passed earlier this week, said the IPAB was needlessly strict in imposing costs and referring the matter to the Bar Council of India in such circumstances. The court observed it could be seen from the earlier orders i

Can sexual offence victim be made party in accused's bail appeal, asks HC

The Delhi High Court has asked its registry to inform it about any existing court ruling or practice directions requiring the impleadment of a victim or informant in bail pleas or appeals in cases of sexual offences. The high court asked the registry to file its response and answer the query in light of the fact that the identity of the victim or prosecutrix is supposed to be protected and kept confidential in all such proceedings. ... section 439(1-A) of the CrPC and practice directions dated September 24, 2019 issued by the Delhi High Court only require that the victim/ informant or any person authorised be heard at the time of hearing of a bail application for certain offences. Let a report be filed in response to the query, before the next date, Justice Anup Jairam Bhambhani said while listing the matter for further hearing on January 6, 2023. The high court was hearing a bail application by a man, accused of sexually assaulting a minor girl this year. The case was lodged aga