News SudanAfrica Sudan : Press freedom still in transition a year after Omar al-Bashir’s removal News SudanAfrica to go further Coronavirus infects press freedom in Africa RSF_en Help by sharing this information April 6, 2020 Find out more January 17, 2012 – Updated on January 20, 2016 Two private newspapers closed down since start of the year News News The year began in Sudan in the same vein as previous ones, with new censorship moves. Although the country has a diverse media and enjoys some freedom of speech, the Khartoum authorities have stepped up efforts to silence publications that irritate them.Within the past two weeks, two independent and opposition newspapers, Alwan and Rai al-Shaab, have been closed by security forces without explanation.“These latest two newspaper closures show the government of President Omar Hassan al-Bashir has yet to overcome his chronically repressive instincts aimed at silencing the media,” Reporters Without Borders said. “We fear these examples are merely the start of many and call on the authorities to put an end to this spiral of repression.”The press freedom organization demands that the two dailies be allowed to resume publication as soon as possible. On 14 January, police raided the offices of the Arabic-language daily Alwan. Officers closed up the premises and took an inventory of all equipment without giving an explanation. A day earlier, the paper’s editor Hussein Khogli was told by telephone it would be closed down, after copies had been seized over the preceding two days. Receive email alerts The closure order was believed to have been given by Mohamed Atta, the head of the National Intelligence Security Services, and was believed to be linked to the publication of an interview with an Islamist political leader, Lubaba Alfadli. The newspaper was the target of similar suspensions in 2008 and 2009. On 2 January, it was the Arabic-language Rai al-Shaab, the official newspaper of the opposition Popular National Congress Party led by Hassan al-Turabi, that was the authorities’ target for suspension. Its premises were closed and 15,000 copies of the paper were seized from its printing plant by NISS officials. Its manager, Nagi Dahab, has received no explanation.The closure could be as a result of the publication of an interview with Gibril Ibrahim, the spokesman for the Darfur rebel group Justice and Equality Movement concerning the difference in how prisoners were treated by the JEM and by the Sudanese government.The Sudanese Media Centre, a state-linked website, said the action was taken because the newspaper’s behaviour violated the ethical and professional standards of the journalists’ code of conduct.The NISS previously closed down Rai al-Shaab in 2010. Its deputy editor Abuzar Ali Al-Amin spent several months in prison, where he suffered ill-treatment. The newspaper resumed publication last October after a court overruled its closure.Photo : Rai al-Shaab (Ashraz Shazli / AFP) Covid-19 in Africa: RSF joins a coalition of civil society organizations to demand the release of imprisoned journalists on the continent April 10, 2020 Find out more Organisation Follow the news on Sudan March 29, 2020 Find out more
WhatsApp Building photo created by jcomp – www.freepik.comA GROUP of construction workers have been working in Limerick on essential local authority housing projects throughout the coronavirus restrictions, the Limerick Post can reveal.They were granted special permits to work on the projects, which had been nearing completion prior to the spread of the COVID-19 pandemic.Sign up for the weekly Limerick Post newsletter Sign Up Aoife Duke, Director of Housing at Limerick City and County Council explained: “Our house building programme and the turn around of vacant properties is critical and we’ve been in discussion with the Department of Housing about it.”“The workers are finishing vacant properties as well as additional housing for people who are under pressure, whether they are homeless, members of the Travelling community, or in overcrowded accommodation.“We have got permits for contractors to continue work on those houses. It’s been very tightly managed in terms of health and safety, and also the timeframes for the turn around of the houses, because the COVID-19 restrictions obviously have an impact on access to materials, as well as the builders ability to get on with the job while physically distancing,” Ms Duke said.“We have worked out a system where they have all got their permits and they are all following their physical distancing requirements while turning around the houses at speedy enough rate.”The system has been “working extremely well”, she added.A Council spokesman told the Limerick Post that workers with permits “have all been instructed to wear the appropriate PPE and practice social distancing”.“Just like all essential workers, they have been working on council housing projects throughout the current restrictions. They must also ensure that the latest public health guidance should be followed at all times”.He told the Limerick Post that work was continuing on 37 houses all over the city and county including the regeneration areas.“These are houses that either don’t require much work or works that are almost completed to bring them back into use. The turnaround times for these homes would be quite short.“Work has stopped on all other building sites and will resume as soon as the go ahead is given by the government”.Those with housing or other needs can contact the Limerick COVID-19 Community Response on FreePhone 1800 832 005. NewsHousingWork progressing on council houses despite lockdownBy David Raleigh – April 23, 2020 1381 Facebook Twitter Advertisement Previous articleHospital trolley figures are on the rise againNext articleAbbeyfeale company getting back to work David Raleigh Linkedin Print Email
News UpdatesHigh Courts Weekly Roundup [Dec 21 – Dec 27] LIVELAW NEWS NETWORK27 Dec 2020 8:59 AMShare This – xSummation of important High Court orders this weekAllahabad High Court 1. ‘Give Complete Details Of Criminal Antecedents Of Applicants In Bail Orders’: Allahabad High Court Directs Trial Courts [Uday Pratap @ Dau v. State of U.P] A Bench of Justice Samit Gopal directed the Courts to “give a complete details of the criminal antecedent(s), if any, of the applicant(s)/accused before them or record the fact that there are…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginAllahabad High Court 1. ‘Give Complete Details Of Criminal Antecedents Of Applicants In Bail Orders’: Allahabad High Court Directs Trial Courts [Uday Pratap @ Dau v. State of U.P] A Bench of Justice Samit Gopal directed the Courts to “give a complete details of the criminal antecedent(s), if any, of the applicant(s)/accused before them or record the fact that there are no criminal antecedent(s) of the said person(s) if there are none.” It observed, “Although the criminal antecedents of the accused are not the sole and decisive factor for decision of bail applications but the same needs to be considered while deciding an application for bail under Section 439 Cr.P.C.as per the legislative mandate of Section 437 Cr.P.C.” The direction was passed while hearing a regular bail application filed by one Uday Pratap, seeking enlargement on bail during trial in connection with a criminal case registered under Sections 364, 302, 201, 120B and 34 of IPC. 2. GST Rate & HSN Code Requisite In Notice Inviting Tenders To Ensure Level Playing Field: Allahabad High Court [Bharat Forge Limited v. Principal Chief Materials Manager Diesel Locomotive Works & Ors.] A bench of Justices Sunita Agarwal and Jayant Banerji held that bidders are required to mention the GST Rate and the HSN Code in the Notice Inviting Tender to ensure uniform bidding from all participants. The Court also held that the same is necessary in order to ensure that all tenderers and bidders are provided a “level playing field”. The bench also stated, “The mentioning of the HSN Code in the tender document itself shall resolve all disputes relating to fairness and transparency in the process of selection of bidder, by providing ‘level playing field’ to all bidders/tenderers in the true spirit of Article 19(1)(g) of the Constitution of India,” The petitioner, in this case, contended that a circular issued by the Railway Board indicated that bidders were required to specify the percentage of local content in the material being offered in accordance with the Make in India policy and as the value of GST was not mentioned in the bidding documents, those bidders which had quoted a lower GST rate could have outbid the petitioner. 3. Husband’s Appointment On Compassionate Ground Won’t Take Away His Fundamental Right Of Remarriage: Allahabad High Court [Mohammad Haidar v. State Of UP & Anr.] A bench of Justice Pankaj Mithal ruled, “Merely because petitioner has been appointed on compassionate basis, he cannot be forced to sacrifice his/her fundamental right of remarriage, after the death of the earlier spouse.” Further, the Court said, “A person would not earn any disqualification on this score and warrant any disciplinary proceedings.” In this case, the petitioner (husband) was appointed on compassionate basis on the death of his wife. The petitioner intended to marry the younger sister of his wife; therefore, he sought permission to re-marry from Basic Shiksha Adhikari where he was employed. The Court stated, “There is no provision under law which requires any person to seek permission from the employer for re-marriage.” 4. ‘Expressing Dissent Hallmark Of Democracy’: Allahabad High Court Quashes FIR For Tweets Against UP CM [Yashwant Singh v. State of UP & Ors.] A division bench of Justice Pankaj Naqvi and Justice Vivek Agarwal held that merely expressing dissent against the affairs of the State is not a criminal offence. It stated, “Expressing dissent on law and order situation in the State, is a hallmark of a constitutional liberal democracy like ours, constitutionally protected under Article 19 of the Constitution.” The Court was hearing a writ petition filed by one Yashwant Singh. The petitioner had sought directions from the Court to quash an FIR that was lodged against him by the UP Police for his tweets which made critical remakes about the UP government. The Petitioner had tweeted that the Chief Minister of UP, Yogi Adityanath, has turned UP into a ‘jungleraj’, where law and order have no prevalence. The Petitioner also cited various incidents of abduction, demand of ransom and murders that rampantly taken place in the state. 5. FIR Can’t Be Quashed Merely Because Man Accused Of Posting Woman’s Nude Snaps On Whatsapp Is Her Husband: Allahabad HC [Dhananjay v. State Of UP & Ors.] A Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal refused to quash an FIR against a man who is accused of posting nude snaps of her wife (Informant) on WhatsApp. While dismissing the petition, the Court remarked, “Allegations of commission of offence as are mentioned under Section 67 of the I.T. Act are also prima facie made out inasmuch as there is specific allegation of putting nude pictures of the informant on WhatsApp. Therefore, merely because petitioner is husband of the informant, does not constitute a valid ground to quash the FIR.” The petitioner (Husband) had submitted that respondent no. 4 (Informant/Wife) had lodged an FIR against him on the basis of false and concocted grounds. “From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R or staying the arrest of the petitioner,” stated the Court. 6. Rejection Of Anticipatory Bail Not a Ground For Not Entertaining Petition For Quashing Of FIR: Allahabad High Court [Nasim Bano v. State of UP & Ors.] A division bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav, while dealing with a petition seeking anticipatory bail in a case of abetment of suicide, held that rejection of anticipatory bail from the High Court is not a ground for the Court for not entertaining a petition under Article 226 for quashing of the FIR. The Court observed that the scope of Article 226 is much broader than the scope of Section 438 of CrPC. The bench while granting interim relief to the petitioner discussed the scope of anticipatory bail in writ jurisdiction of the High Courts and also dealt with the essential elements in meeting the requirements of Section 306 IPC. The Court held that in order to make on offence under Section 306, mere allegation of harassment does not suffice. There must be a proof of direct or indirect act of incitement leading to commission of suicide. The case concerned to an FIR registered under Sections 147, 323, 504, 506 and 306 of IPC. The petition was filed by sister-in-law of the deceased seeking anticipatory bail from arrest against the allegations of harassment and abetment to suicide. 7. Burden To Prove ‘Fair Evaluation’ Can’t Be Shifted On Examining Body Unless Candidate Produces Answer Script To Prove Discrepancy In Marking: Allahabad High Court [Manoj Kumar Tiwari v. Union of India & Ors.] “The practice of approaching this Court directly without obtaining copies of the answer scripts or seeking directions requiring examining bodies to produce answer books cannot but be deprecated in the strongest terms, discouraged and curbed,” observed a single bench of Justice Yashwant Varma in a writ petition filed by one Manoj Kumar Tiwari, seeking re-evaluation of his answer script for a particular subject in the entrance exam conducted for admissions to D.EL.E.D. course. After being declared unsuccessful in the entrance exam and on being denied admission, he had petitioned before the Court for the revaluation. The Court observed that the petitioner had failed to present before it, a copy of the answer script in question. It was stated that for the Court to establish that the examination authority has made a mistake in the evaluation of an answer script, it is crucial for the petitioner to first prove that such an illegality has been committed by the examiner. This, the Court stated, cannot be done without a copy of the answer script. “The onus and burden on this aspect lies solely on the petitioner and is one which must be discharged at the threshold,” asserted the Court. Bombay High Court 1. Possession Of Skin Of Dead Cows Or Bullocks Not An Offence: Bombay High Court [Shafiqullaha Kha Ashfaqullha Kha v. State of Maharashtra and another] The bench of Justice VM Deshpande and Justice Anil S. Kilor ruled that there is no prohibition for possession of skin of dead animals and in absence of such prohibition; no offence would be made out under Maharashtra Animal Preservation Act, 1976. They further noted that even if any circular/notification/order is issued by the State Government, prohibiting possession of skin, such circular, notification or order (having no statutory force), then it won’t prevail over the provisions of the statute and to that extent, it would be in contravention with the statute. The Court was hearing plea of an accused praying for quashing of FIR registered under Sections 5(A), 5(B), 5(C), 9 and 9(A) of the Maharashtra Animal Preservation Act, 1976, read with Section 188 IPC and Section 105, 117 of the Bombay Police Act. The prosecution alleged that a Pick Up Bolero van was found carrying animal’s skin and therefore, on a complaint lodged by the President of Bajrang Dal, Khamgaon, a FIR was registered. It was the further case of the prosecution that on verification, it was found that the vehicle was carrying 187 skins of cow species, which was verified by the Animal Husbandry Department. 2. “Plaintiff’s Artwork Has Been Lifted With Irrelevant Modifications”; Bombay HC Grants Injunction Against Men’s Apparel Brand [Savla Corporation v. Aristo Apparels] A Bench of Justice GS Patel granted injunction against a company selling Men’s clothing for infringing upon the plaintiff’s copyrighted artwork and directed the court receiver to immediately seize and seal all offending products found in the premises of the defendant. The Court was hearing a commercial IP suit filed on behalf of Savla Corporation alleging that the defendant Aristo Apparels label “SERON” is deceptively similar to their trademark “SERO”. The defendant company is a sole partnership concern owned by Kalji Patel. At the outset, the Court examined the artistic work involved in designing the plaintiff’s trademark. Justice Patel noted “As can be seen, the Plaintiff’s mark has a tilted oval device with a white border. In this is inset a stylized cursive ‘S’ looping on itself. One part of it is shaded a deep red and another part is in deep blue. The Defendant’s artwork is depicted above and is also at page 114. The device itself is confusingly and deceptively similar to that of the Plaintiff. Again, we see an inset in circle albeit with a black border and a stylized cursive ‘S’ shape. One part of it is in deep red and the rest is either in black or deep blue.” Calcutta High Court 1. No Interference Needed When Adult Woman Marries As Per Her Choice & Decides To Convert: Calcutta High Court [Palash Sarkar v. The State of West Bengal & Ors.] A bench of Justice Sanjib Banerjee and Justice Arijit Banerjee made it clear that if an adult woman marries as per her choice and decides to convert and not return to her paternal house, there could be no interference in the matter. The Court gave this ruling while hearing a plea by a father alleging that his daughter (Pallabi Sarkar) aged 19 had gone missing on or about September 15, 2020 and later married one Asmaul Shaikh. In her statement under Section 164 CrPC, Pallabi had indicated that she had a relationship with Asmaul and was willingly living with Asmaul. The petitioner however claimed that the daughter had made this statement against her wishes. The Court ordered that the petitioner and his daughter be allowed to interact in the presence of the concerned Additional District Judge and to ensure that there is no pressure which is brought to bear on Pallabi at the time of such interaction. Also Read: “She Has A Choice To Live Life On Own Terms”: Allahabad High Court Reunites An Interfaith Couple 2. A Trespasser Not Evicted By Due Process Of Law Is Entitled To Electricity Connection: Calcutta High Court [Sukla Kar v. Calcutta Electric Supply Corporation Ltd. & Ors.] The Bench of Justice Arindam Mukherjee held that even a trespasser, unless evicted by due process of law, is entitled to electricity. It further clarified that the Electricity connection, if granted to the petitioner (alleged trespasser), wouldn’t create any right in her favour as regards the property. The Court, in its order, said, “These disputes regarding the right of ownership, title and interest in respect of the premises between the petitioner and the private respondents cannot stand in the way, if the petitioner getting the new meter in her name, particularly when the possession of the petitioner is admitted.” Delhi High Court 1. Delhi High Court Orders Removal Of Allegedly ‘Disparaging’ Articles Against AMUL Products [Gujarat Cooperative Milk Marketing Federation Ltd & Anr. v. Chetan Padilya & Ors.] A single bench of Justice V. Kameswar Rao ordered removal of the articles titled “WHITE LIE OF AMUL AND BLACK TRUTH OF ANIMAL MILK” from a website named ditchdairy.in and its Facebook page. The court also restrained the defendants from uploading of articles identical or similar to the said articles on the website / Facebook account till the next date of hearing. Gujarat Cooperative Milk Marketing Federation had approached the High Court alleging that the libellous and disparaging article specifically targeted their milk and milk products under the well-known brand and trademark “AMUL”. They alleged that the website DitchDairy.in, belonging to one Chetan Padilya creates a bias, fear psychosis and prejudice in the minds of the public at large against milk and dairy products and also promotes a false narrative that the derivation of milk and milk products by the plaintiffs and their members is done by inflicting cruelty on animals and falsely claiming that dairy products are the cause for several fatal diseases like cancer etc. 3. Encroachment Of Public Land In The Garb Of A Place For Worship Ought To Be Discouraged, Says Delhi High Court [Bal Bhagwan v. Delhi Development Authority] Dismissing a suit filed by a temple manager seeking permanent injunction against the Delhi Development Authority (DDA) from forcefully dispossessing him from 4 temple properties built on public land, a Single bench of Justice Prathiba M. Singh observed, that a trend could be seen of public land being “sought to be encroached upon under the shelter of a place of worship. As is seen in a large number of cases, rights are claimed by parties under the garb of temples or other places of worship located on government land.” She elaborated in her judgment that, “Such attempts by unscrupulous parties ought to be discouraged, inasmuch as the occupants, under the garb of a place of worship, turn the land into a completely unplanned encroachment by hundreds of people. The authorities have an obligation to ensure that in public land, places of worship are not created in this manner.” 4. ‘Filed Without Doing Any Homework’: Delhi High Court Dismisses PIL With Costs Payable To DSLSA’s Access To Justice Programme [Residents Welfare Association v. Union of India & Ors.] A Division Bench of Chief Justice DN Patel and Justice Prateek Jalan dismissed a PIL, filed without doing any homework, with directions to the Petitioner to pay costs of Rs. 25,000/- to the Delhi Legal Service Authority (DLSA). The bench stated that the amount will be utilized for the authority’s “Access to Justice” programme. The Court was hearing a petition filed by the Residents Welfare Association, who claimed that several unauthorized properties had been constructed on public land. In their prayer, they asked the Court to issue directions to have these properties demolished. The Court however noted that the petitioner had not included the people, alleged to be occupying the public properties, as parties to this petition. 5. Once A Prisoner Obtains Custody Parole In A Case, He Need Not Obtain Permission From Every Court Where He Has Been Convicted Or Is Pending Trial: Delhi HC [Md. Shahbuddin v. State Govt Of NCT Of Delhi] A single bench of Justice Anup Jairam Bhambhani made it clear that once a prisoner obtains custody parole in a particular case, he does not need to procure separate custody parole orders from every other court which has either convicted him or where he is pending trial. The Court was hearing a plea filed by former MP Mohd Shahabuddin, who is currently serving a life term in Tihar Jail, and is facing trial in several other cases. After granting him parole, the Court clarified that he need not approach other Courts in remaining matters against him as “Custody parole therefore contemplates a situation whereby, for special exigencies mentioned in the jail rules, the prisoner is granted guarded liberty and the jail travels with the prisoner to wherever the prisoner is allowed to go under orders of the court. Since the prisoner continues to remain in judicial custody, the need for taking custody parole or other permission from each and every court in which the prisoner is pending trial or has been convicted does not arise.” 6. No Legality Attached To Fatwa; Not Binding : Delhi High Court [Mohd. Ashraf & Ors. v. Abdul Wahid Siddique] A single judge bench of Justice Pratibha M. Singh held that there cannot be any legality or validity attached to a fatwa, especially in respect of ownership of immovable property, and such a declaration would not be binding on a third party. The Court was faced with a question whether rights in an immovable property can be legally and validly derived, on the basis of a fatwa issued by a maulvi. The Court held that fatwa does not satisfy the requirements of a legally binding document and that they do not trace their origin to validly made law. In this case, a suit for possession and recovery of damages was filed by Petitioners in the lower court and their case was that they are the owners of the suit property and that they traced back their title to one Mst. Musharraf Begum through six registered sale deeds and a fatwa. The plea was opposed by the defendant, a tenant of the property, who claimed that the original owner, a lady, had made a declaration that after her death the tenants/occupants would become owners of the property. 7. Delhi Government To Ensure Prompt And Adequate Testing Of UK Passengers To Avoid Another Covid Wave: Delhi High Court [Rakesh Malhotra v. Govt of NCT of India & Ors.] A division bench of Justice Hima Kohli and Justice Subramonium Prasad directed the Delhi Government to ensure prompt and adequate testing and follow up with respect to those found positive with all seriousness to avoid another spate of infection in the New Delhi. The bench was hearing a PIL filed by Mr. Rakesh Malhotra seeking directions to be issued to the Govt. of NCT of Delhi to ramp up the testing facilities for both symptomatic and asymptomatic Covid patients. The matter will be listed again on 14th January, 2021. Other Developments: Future Retails Vs Amazon: Delhi High Court’s Findings On 4 Major IssuesDelhi High Court Issues Notice On Plea For Court-Monitored SIT Probe Into Death of Man In Viral “Jana Gana Mana” VideoDelhi High Court Grants Two Weeks Time To Lawyers Claiming Benefits Under CM Advocate Welfare Policy To Provide Complete InformationOrganised Crime Or Interfaith Marriage: Delhi High Court Orders FIR On Father’s Complaint That His Daughter Has Been Taken Away By A Muslim Man Gauhati High Court 1. Gauhati High Court Issues Notice On PIL Seeking Directions Against Hospitals Refusing Treatment To Non Covid Patients [Debabrata Saikia v. Union of India & Ors.] A division bench of Acting Chief Justice Mr. N Kotiswar Singh and Justice Manish Choudhary issued notice in a PIL filed by Senior Congress Leader, Debabrata Saikia seeking directions to Union of India, Ministry of Health and Government of Assam against the refusal of State Hospitals in treatment of non covid patients. The petition was filed on the basis of newspaper reports indicating various instances of death of non covid patients due to failure of getting admissions in hospitals in Assam as these patients were not able to produce their covid negative certificates. The PIL further states that the failure on the part of the hospital to provide timely medical treatment to the person in need of emergency treatment results in the violation of his right to life guaranteed under Article 21. The petitioner also argues that the State is under a constitutional obligation enshrined under Art. 47 to secure the health of its citizens. Gujarat High Court 1. “85% Parents Got Nothing In Lieu Of Mid-Day Meals Since March” Gujarat HC Takes Suo Motu Cognizance Of Survey, Issues Notice To Govt. [Suo Moto v. State Of Gujarat & Ors.] A Bench of Justice JB Pardiwala and Justice Ilesh J. Vora took suo motu cognizance of a survey conducted by the Indian Institute of Management, Ahmedabad (IIM-A) and the UNICEF Gujarat, which revealed that among the households which had children enrolled in the Government schools, 85% of the parents reported that they were not able to access anything in lieu of the mid-day meals since March, when the schools were closed due to the Covid-19 pandemic. The Court said, “This Court is of the view that the attention of the State Government should be immediately drawn to the aforesaid, and in such circumstances, we deem fit to take suo motu cognizance of the above in public interest.” The registry has been asked to issue notice to the named respondents, returnable on 5th January 2021. 2. Gujarat High Court Issues Notice To State Legislative Assembly In PIL Seeking Public Disclosure Of Its Proceedings [Neeta Dattataraya Hardikar v. Gujarat Lagislative Assembly Secretariat] A Bench of Justice JB Pardiwala and Justice Ilesh J. Vora issued notice to the Gujarat Legislative Assembly Secretariat while taking up a PIL demanding regular updation of Assembly’s website and disclosure of house proceedings under the RTI Act. The plea filed by a social activists Neeta Hardikar stated that the State Legislative Assembly is obliged under Right to Information Act to regularly update relevant information on its website in Gujarati and English. Jammu & Kashmir High Court 1. Residents Of Jammu And Kashmir May Approach NHRC For Grievances On Violation Of Human Rights As State Commission Was Wound Up: High Court [Sandeep Mawa v. Union of India & Ors.] A Bench of Acting Chief Rajesh Bindal and Justice Puneet Gupta held that that the residents of Jammu and Kashmir, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission. “Prior to the enactment of the Reorganization Act, the Jammu & Kashmir Protection of Human Rights Act, 1997 was applicable in J&K. In exercise of powers conferred thereunder, the J&K State Human Rights Commission had also been constituted, which was wound up after the enactment of the Reorganization Act. The residents of J&K, if having any grievance regarding violation of their human rights, may have to approach the National Human Rights Commission,” stated the Court. The order was passed while adjudicating upon a PIL seeking constitution of Human Rights Commission and Courts in the UT. The Petitioner in this case stated that Section 21 of the Protection of Human Rights Act, 1993 clearly provides for constitution of a Human Rights Commissions in every State and Union Territory. The Court while disposing the petition asked the Government authorities to examine the matter. 2. Illegal Occupation of Govt Accommodation By Ex-Ministers, Private Persons: Jammu & Kashmir High Court Raps Govt Authorities; Seeks ATR [Prof. SK Bhalla v. Union Territory of J&K & Ors.] A division bench of Acting Chief Justice Rajesh Bindal and Justice Sanjay Dhar reprimanded the Government authorities of the Union Territory for allotting government accommodations to former Chief Minister, MLAs, MPs, bureaucrats and private persons, in contravention of its previous directions. The Court recounted that the Supreme Court has also categorically held in Lok Prahari v. State of Uttar Pradesh, that Government houses cannot be allotted to these persons. Thus, taking strict view against violation of Court orders, the Court has directed the concerned authorities to submit and action taken report, indicating the steps taken to evict such illegal occupants, recover arrears of rent, electricity and water dues. The Bench was hearing a PIL filed by Professor SK Bhalla, who claimed that this type of encroachment had been going on for years despite there being previous judgements from different Courts. 3. Desist From Undertaking ‘Two Finger Test’ ,Avoid Disclosing Rape Survivors’ Identity: J&K High Court Directs Trial Courts [State of J&K v. Mohd. Imran Khan] Reminding the mandate of Section 228A of the J&K Ranbir Penal Code, a Bench of Acting Chief Justice Rajesh Bindal & Justice Sanjay Dhar directed the trial Courts of the Union Territories of Jammu & Kashmir, and Ladakh “to avoid disclosing identity of rape survivors in their proceedings and judgments.” Further, it issued direction to all the health professionals of the UTs “to strictly desist from undertaking ‘two finger test’ known as ‘per-vaginum examination’ on the rape survivors”. The Court noticed that the Trial Judge in the case at hand had mentioned the name of the prosecutrix at several places in the judgment. It said, “Section 228A of IPC prohibits disclosure of identity of the victim of certain offences, which includes offence under Section 376 IPC. In pari materia to the aforesaid provision is Section 228A of the J&K Ranbir Penal Code, which was applicable to the case at hand at the relevant time.” Karnataka High Court 1. Consider Opening Schools In A Phased Manner Than Taking A Uniform Policy For Entire State: Karnataka High Court To State A division bench of Justice BV Nagarathna and Justice Nataraj Rangaswamy directed the state to consider opening up schools on a regular basis in taluks having less number of Covid-19 cases, rather than adopting a uniform policy for the entire state. The Bench said, “State to apply its mind on whether in phased manner schools could be opened on regular basis having regard to the number of covid-19 cases in a particular taluk, rather than adopting a uniform policy for the entire state.” The Court, during the hearing of a PIL filed by AA Sanjeev Narrain, Arvind Narrain and Murali Mohan, directed the government to file a status report with regard to steps taken for the admission of children to Standard I, on completion of their stint with Aanganwadis. State to also report about steps taken to ensure that children have taken readmission to higher class, during this period of pandemic. The matter will be next heard on January 18, 2021. 2. Five Month Old Infant Moves High Court Seeking Ban On Vehicular Movement Inside Cubbon Park [X v. State of Karnataka & Ors.] A division bench of Justice BV Nagarathna and Justice Nataraj Rangaswamy issued notice to the state government on a PIL filed by a five-month-old infant, seeking to ban traffic movement within and through Cubbon park, in Bengaluru. The court however refused to grant any interim relief, saying that granting of interim relief would amount to final order. The plea stated that the actions of the respondents have a direct impact on the health, wellbeing and quality of life of the Petitioner, who as an infant is made to bear the burden of the environmentally irresponsible Respondents. Further, it is said that actions of respondents impinge on the rights of the petitioner to enjoy pollution free air and water and endangers and impairs his quality of life and is a clear derogation of his constitutional rights. 3. ‘Step Motherly Treatment By University’: Karnataka High Court Grants Relief To NLSIU Student Who Was Denied Promotion Citing Attendance Shortage [Dayan Warsi v. The National Law School of India University] A single bench of Justice Krishna S Dixit allowed a petition filed by a student of National Law School of India University and directed the University to forthwith promote the student to the 4th year B.A. LL.B (Hons) for the academic year 2020-21. While doing so, the Court strongly disapproved the approach of the medical officer of the University who refused to attest the medical records of the petitioner on the ground that petitioner’s attendance being about 65%, was less than the prescribed 67%. The Court noted that the University had condoned attendance shortage to several other students despite their attendance being shorter than the prescribed percentage. 4. ‘Clean Road Outside Police Station For A Week’ : Karnataka High Court Asks Station House Officer As Punishment For Failing To Register FIR [Tarabai W/o Heerasing Rathod v. State of Karnataka] A division bench of Justice S Sunil Dutt Yadav and Justice P Krishna Bhat directed the station house officer of the Station Bazar Police Station, Kalaburagi, to clean the road in front of his police station for one week, for failing to take note of a complaint made by a mother whose son was allegedly abducted. The Court, while hearing a habeas corpus petition filed by one Tarabai seeking to produce his son Suresh said, “The entire development in the case after Suresh going missing discloses to us a very disturbing facet of the functioning of the police stations in this area of the State. The problem, primarily, is one of police officers not complying with the procedure prescribed under the Code of Criminal Procedure, which places a high premium on the guarantee of liberty of the individuals.” Other Developments: Karnataka High Court Stays State Government Decision To Drop 61 Criminal Cases Against Ministers, MLAsKarnataka High Court Refuses To Quash Corruption Case Against Yediyurappa; Deprecates Laxity In InvestigationTake Decision On Transferring Grant Of Rs 10 Lakhs To Advocate Clerks Welfare Fund : Karnataka High Court Asks State Bar Council Kerala High Court 1. Medical Negligence- Principle Of ‘Res Ipsa Loquitor’ Will Apply If Patient Suffers A Complication Not Contemplated Normally : Kerala High Court [PRS Hospital & Anr. v. Anil Kumar] A division bench of Justices SV Bhatti and Bechu Kurien Thomas held that the principle of ‘res ipsa loquitor’ will apply in a case of medical negligence if a patient suffers a complication which is not contemplated normally. The High Court was dealing with the case of a 29-year old man who became a paraplegic and lost his sound after undergoing a surgery for removal of kidney stones. Madras High Court 1. When Govt. Servants Not Complying With Govt. Orders, How We Can Expect Compliance From Common Citizen: Madras High Court “If the Secretary Level Officers have not complied with the orders of the Government, how we can expect a common citizen to comply with the orders of the Government”, remarked a bench of Justice N. Kirubakaran and Justice B. Pugalendhi while coming down heavily on the state government for lack of response in implementing a government order (G.O.), passed in the year 2010 to ensure a corruption free and transparent administration in the State of Tamil Nadu. In this case, certain recommendations of the Administrative Reforms Committee were accepted by the Government including the one for fixing accountability on every Government servant, at every stage at every level. The Court, in this context, noted, “”Even though the said Government Order has been passed in the year 2010, none of the Departments has taken any effective steps to implement the said Government Order.” Further, the Court remarked that unless the Government comes with an Act or Rule on these recommendations, “it will be in paper alone without effective implementation.” 2. Delay-‘Courts Are Doctors Of Bleeding Rights’: Madras High Court Cautions Bar & Litigants To Honor Court Appointments [Fatima v. Rahamutullah & Ors.] A single bench of Justice N. Seshasayee cautioned the members of the Bar and other litigants to responsibly follow the dates set by the Courts for hearing in any case. The remarks were made while hearing a civil revision petition filed by one Fathima, against the Trial Court’s order dismissing her interim application seeking an opportunity to cross-examine a Defence witness. The High Court observed that the impugned decision was passed by the Trail Court in the backdrop of immense “agony”, put upon it by the Petitioner, who failed to abide by the dates set by the Court on multiple occasions, repeatedly sought adjournments or appeared unprepared for hearings. Deprecating such practices, the High Court explained that the Courts exist to provide justice to the aggrieved. But, once people approach the Courts for a legal remedy, it becomes their duty to be disciplined and follow a reasonable timetable. The Court stated, “It is time they realised that Courts are doctors of injured rights, and the appointments they grant them are honoured and made use of.” Other Developments: Madras HC Grants Police Protection To Advocate Who Didn’t Abide By Bar Association’s Boycott Call, Stays His Suspension From AssociationProvide 7.5k Monthly Monetary Assistance To Woman Who Was Transfused With HIV+ Blood: Madras High Court Directs Govt. Madras HC Restrains Special Public Prosecutor From Functioning As He Delayed Final Reports & Enabled Accused To Get Default Bail Madhya Pradesh High Court 1. Madhya Pradesh High Court Quashes MP Govt’s Order Cancelling Accommodation Allotted To Congress MLA [Vijayraghvendra Singh v. State of MP & Ors.] Granting relief to a Congress Party MLA from Katni, Vidhan Sabha Area (Vijayraghvendra Singh), a Bench of Acting Chief Justice Sanjay Yadav and Justice Vijay Kumar Shukla quashed State Government’s order cancelling the accommodation allotted to him. The Court observed that Government’s order “does not record any reason and the allotment of accommodation in favour of the petitioner has been cancelled with immediate effect without assigning any reason.” In this case, Singh claimed that being a MLA, he is entitled to government house/ accommodation by the State Government and that the impugned order was in violation of the Apex Court’s Judgment in Kranti Associates Pvt. Ltd. v. Masood Ahmed Khan & Ors., (2010) 9 SCC 496. Orissa High Court 1. Measures Needed For Expeditious Disposal Of Criminal Appeals In Which Appellants Are Still In Custody: Orissa High Court [Shyam Sundar Jena v. State Of Orissa] A bench of Justices SK Mishra and Savitri Ratho hoped that appropriate measures would be taken by the State of Odisha and the High Court of Orissa “for expeditious disposal of the Criminal Appeals in which the appellants are still in custody.” The Court observed this while rejecting the criminal appeal filed by a person who had assailed his conviction under Section 302 of IPC and sentence of imprisonment for life, passed by learned Addl. Sessions Judge, Jajpur. “As regarding the delay in disposal of the appeal is concerned, we are constraint to observe that because of things or matters not in the hands of the judiciary, the appeals are being taken up at a belated stage for which we consider all the stake holders including the judiciary responsible for the same. But at the same time we do not say that judiciary is alone responsible for delay in disposal of the cases”, said the Court. 2. Filing Fabricated Evidence Before Court For Gaining Unfair Advantage Amounts To Contempt of Court: Orissa High Court [Chandramani Kanhar v. State of Odisha] A bench of Justice SK Sahoo held that filing of a forged or fabricated document in the Court with a purpose of getting any relief amounts to criminal contempt within the meaning of Section 2(c) of Contempt of Courts Act, 1971. The order came in an interim bail application filed by the Petitioner on the ground that his wife was suffering from multiple diseases and was advised by the doctor to be on complete rest in the wake of the Covid-19 pandemic. The petitioner annexed copies of medical prescription and fitness certificate with the bail application. The Court ordered the Deputy Commissioner of Police, Cuttack for authentication of these documents. After a thorough enquiry, it was revealed that the documents were fabricated. 3. NSA Detention- Legal Obligation In Such Cases Must Be Discharged With ‘Great Sense Of Responsibility’: Orissa High Court [Sk.Mabud @ Mamud @ Madud v. State of Odisha & Anr.] While quashing the order of preventive detention under the National Security Act (NSA) of one Sk Mabud, a Bench of Justice SK Panigrahi and Justice Sanju Panda ruled that the legal obligation in cases related to detention under NSA needs to be discharged with great sense of responsibility. “The exercise of that power of preventive detention must be with proper circumspection and due care. In a regime of constitutional governance, it requires the understanding between those who exercise power and the people over whom or in respect of whom such power is exercised,” the Court observed. Here, the petitioner had challenged his detention under NSA on the ground that the detaining authority, while presenting the report against the detenue didn’t disclose the basic facts, material particulars which led to passing of an order of detention. It was further stated that he was not disclosed as to what was the basis and circumstances which led the District Magistrate to come to a conclusion that the detenue was terrorizing the innocent general public. Patna High Court 1. Truck Driver Illegally Detained By Police: Patna High Court Asks Govt To Give 5L Compensation For Violation Of Fundamental Right [Sumit Kumar v. State of Bihar & Ors.] A Bench of Chief Justice Sanjay Karol and Justice S. Kumar awarded Rs. 5,00,000/- as compensation to a truck driver who was illegally detained and kept in custody for over 35 days by the Patna Police. The Court observed that the Police authorities in this case had acted in clear violation of the procedure established by law, inasmuch as the vehicle and the detenue were detained and kept in police custody, without either filing of FIR or following any other procedure of arrest prescribed in law, ensuring constitutional protections to all persons. It held that the authorities had acted in direct violation of detenue’s fundamental rights under Articles 21 and 22 of the Constitution. The Court has clarified that the right of the detenu to seek compensation under public law is independent of his right to claim other damages as private law remedy. In this regard, the Bench also issued directions. Access Full Report to read the directions. Also Read: “State Needs To Fix Responsibility”; Bombay HC Directs State To Pay Rs.50 K Each As Compensation To 2 Men Detained Illegally 2. Conditions Enunciated In Section 37 NDPS Act Not Applicable In Juvenile’s Case; S. 12 JJ Act Overrides S. 37 NDPS Act: Patna High Court [Anamul Haque v. Union of India through Directorate of Revenue Intelligence] A Bench of Justice Sudhir Singh ruled that the negation and conditions as enunciated in Section 37 of the NDPS Act will not be applicable in the case of a juvenile. The Court also opined that the intention of the legislature was to give an overriding effect to Section 12 of Juvenile Justice Act over Section 37 of the NDPS Act. The Court was hearing an appeal against rejection of bail to the Appellant, by ASJ, Patna. Allegedly, the appellant was working as the Khalasi of a Truck from where huge quantity of ganja was recovered and he was apprehended on the spot. Later on, he took the plea that he was a juvenile on the date of occurrence of crime. Other Developments: Tablighi Jamaat-‘No Material To Show They Indulged In Prohibited Tabligh Activity’, Patna HC Quashes Cases Against 18 Foreign Nationals Punjab & Haryana High Court 1. Punjab & Haryana High Court Chastises IAS Officer For Taking Court Proceedings “Too Lightly” [Sarita Mehta & Ors. v. J. Ganesan & Anr.] A single bench of Justice Nirmaljit Kaur came down heavily upon an IAS officer, for taking court procedure “too lightly” and failing to appear before it on the dates set for hearing. The bench noted that it is not the first time that the Respondent officer, J. Ganesan, had failed to present himself in the hearings. The Court stated that even in the last hearing of this case, no one from the Respondent’s side was present. The Bench was hearing a contempt petition filed by one Sarita Mehta, for non-compliance of its dated September 1, 2008, passed in civil writ petition no. 6830/2007. The Bench observed that when the Respondent officer did not appear before it on the last hearing, the Court was forced to issue an order that the Respondent, along with his Counsel, should appear on 16th December, 2020 (Wednesday). However, this order was also not complied with. 2. Gangster Bishnoi’s Plea- ‘Fearing Vikas Dubey Like Fake Encounter’: P&H High Court Orders Videography Of His Entire Transit [Lawrence Bishnoi v. State of Haryana & Ors.] “This Court is of the firm opinion that the police cannot be deprived of its right to interrogate an accused and that video conferencing may not be as effective as physical interrogation”, observed a bench of Justice Gurvinder Singh Gill while dismissing Gangster Lawrence Bishnoi’s plea to direct the Chandigarh and Haryana Police to interrogate him through video conference. Bishnoi, against whom a large number of FIRs have been registered in the States of Punjab and Haryana and who is also involved in a case registered in Chandigarh, is in custody since 2015 and is presently confined in Central Jail, Bharatpur, Rajasthan. He had moved the High Court expressing fear that he could be eliminated in a ‘fake police encounter,’ during transit to Chandigarh and Haryana for interrogation in various criminal cases. The Court in this regard, has issued directions to UT of Chandigarh and State of Haryana, including videography of the entire transit. Access Full Report to read the directions. 3. Punjab & Haryana HC Sets Aside Moratorium Imposed By Bar Council Of India On Opening Of New Law Colleges [Chandigarh Educational Society v. Bar Council of India & Ors.] A Single Bench of Justice Rekha Mittal set aside the three-year moratorium imposed by the Bar Council of India (BCI) on opening of new law colleges as ultra vires the Indian Constitution. The Court held that the BCI cannot impose a complete ban on opening of new law colleges, under the pretext of regulating Legal Education. The order was given while hearing a writ petition filed by the Chandigarh Education Society, asking the Court to allow them to establish a new law college namely, ‘Chandigarh Law College’. They further sought directions from the Court to declare the moratorium imposed by the Bar Council of India as violative of their fundamental right to practice any profession, or to carry any occupation, trade or business, under Article 19(1)(g) of the Indian Constitution. 4. In Case Of Breach Of Terms Of One Time Settlement, Bank Becomes Free To Recover Debt Irrespective Of OTS: Punjab & Haryana High Court [M/s. Milkhi Ram Bhagwan Dass v. District Magistrate & Anr.] A Division bench of Justice Rajan Gupta and Justice Karamjit Singh held that once the terms and conditions of the One Time Settlement (OTS) entered with the bank are violated by a borrower and the settled amount is not paid within the agreed time frame, no further orders are required from the Court to extend the period of payment under the OTS. It further said that in such a case, the Bank becomes free to recover the outstanding amount in accordance with law, irrespective of the OTS. The Court refused to apply the law laid down by a coordinate Bench of the High Court in Anu Bhalla & Anr. v. District Magistrate & Anr. that “claim for extension of time for payment of balance settlement amount, pursuant to mutually agreed OTS by the borrowers should be considered by the Court, liberally,” as in that case extension of OTS was allowed after the defaulter had already repaid over 50% of the settled amount; whereas in this case just 40% of the settled amount was paid. The Court proceeded to apply the law laid down by the Allahabad High Court in Union Bank of India & Anr. v. Anil Kumar Wadhera & Ors., where it was held that once a borrower fails to comply with the conditions of OTS within the time specified and there being no order of the Bank to extend the time for deposit, the OTS would fall automatically and it will not be open to the borrower to insist upon the enforcement of such an OTS. Telangana High Court 1. ‘A Parent Cannot Be A Guest In The Life Of Their Child’: Telangana High Court Insists On Granting Overnight Custody To Each Parent A bench of Justice T. Amarnath Goud held, “A parent cannot be a guest in the life of their child. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have comfortable time with the father or mother, whoever may be the case.” The Court further stated that “overnight custody” must be encouraged wherever possible. The remarks were made the Court by in a contempt case, filed against violation of a custody order passed by the Family Court. In this case, the petitioner (husband) and respondent (wife) had a child named Agastya. The two were no longer in marital relationship and were contesting the custody of their child. Uttarakhand High Court 1. Muslim Woman Converts To Hinduism & Marry Hindu Man- Uttarakhand HC Asks DM, ‘Why Conversion Application Hasn’t Been Processed?’, Grants Protection [Anjali @ Afsana & Anr, v. State of Uttarakhand & Ors.] The Bench of Justice Sudhanshu Dhulia and Justice Ravindra Maithani directed the District Magistrate, Haridwar to inquire from the appropriate authorities as to why conversion application of the Petitioner, Anjali @ Afsana, has not been processed and if processed when. The direction was passed in a protection plea filed by an interfaith couple apprehending that the Petitioner’s brothers may physically harm them. The couple asserted that they belong to different faiths and after Anjali converted to the faith of her partner, i.e. Hindu, the two solemnized a married. It was further submitted that the concerned District Magistrate had not taken any decision on their application made under Section 8(1) of the Uttarakhand Freedom of Religion Act, 2018, declaring that the conversion was of free will, without any force, coercion, undue influence or allurement.Next Story
Former DGP Sumedh Singh Saini’s Plea For Quashing FIR In Multani Murder Case: Supreme Court Directs To Defer Hearing Before MagistrateBy admin on
Top StoriesFormer DGP Sumedh Singh Saini’s Plea For Quashing FIR In Multani Murder Case: Supreme Court Directs To Defer Hearing Before Magistrate Mehal Jain5 Jan 2021 7:15 AMShare This – xThe Supreme Court on Tuesday required the hearing on January 22 before the jurisdictional Magistrate in connection with the May, 2020 FIR against former Punjab DGP Sumedh Singh Saini over a 1991 custodial death case to be postponed till the end of February.The bench headed by Justice Ashok Bhushan was hearing Saini’s SLP against the September 8, 2020 decision of the Punjab and Haryana High…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Tuesday required the hearing on January 22 before the jurisdictional Magistrate in connection with the May, 2020 FIR against former Punjab DGP Sumedh Singh Saini over a 1991 custodial death case to be postponed till the end of February.The bench headed by Justice Ashok Bhushan was hearing Saini’s SLP against the September 8, 2020 decision of the Punjab and Haryana High Court dismissing his plea against the registration of the criminal case against him in Mohali regarding the disappearance of Balwant Singh Multani. Notably, the petitioner had sought directions to quash the FIR registered against him or refer the matter to CBI for the probe in the matter.”Since we are seized of the matter, it will be appropriate for the Magistrate to postpone the case to the end of February”, observed the bench on Tuesday.The bench then proceeded to direct the state of Punjab to bring on record the chargesheet in two weeks, listing the matter for hearing in the second week of February.Senior Advocate Mukul Rohatgi, for the petitioner, advanced, “This is the other case of the DGP. Your Lordships had allowed anticipatory bail earlier. This is for the quashing of the FIR which has been dismissed by the High Court. This FIR is the fifth attempt in the last 30 years to rope this man in. The attitude of the state is eloquently vindictive”Senior Counsel Gopal Subramaniam, for the state, informed the bench that the chargesheet has been filed and the summons have been issued for January 22. “If the petitioner appears before the magistrate, he can be enlarged on bail. To be fair to the petitioner, the matter merits examination. No copy of the chargesheet has been shared so far as he is yet to appear before the court. But we will give the chargesheet”, he assured.”Your Lordships had noted in the anticipatory bail order whether there can be a third or fourth or fifth FIR? In this FIR, after 30 years, I am the only accused.There are posters all around Punjab that Sumedh Singh Saini is wanted dead or alive. My Z+ security has also been taken away by the state. This is a state overreach of the court, where in the peculiar circumstances of this case, the evidence is being examined by Your Lordships. Please stay the proceedings in the chargesheet. Your Lordships may examine the matter today or tomorrow, but I can’t be asked to appear on the 22nd. If the FIR is bad, how can the chargesheet proceed? It is also illegal!”, pressed Mr. Rohatgi.”You can apply for exemption. The Supreme Court is seized of this matter. Mr. Subramanian will place the chargesheet on record and then we will hear”, suggested Justice Bhushan.”There is a security threat to me. Please let me appear through a lawyer. If appearance is required even though the Supreme Court is seized of this matter, let my appearance there also be through a lawyer! This case is completely vindictive”, pressed Mr. Rohatgi.”No, no, this is a very serious case. Your Lordships may not pass that kind of an order”, interjected senior advocate Vikas Singh”We will not do anything to prejudice the proceedings of this court. Anything that transpires before the Magistrate will be subject to Your Lordships’ orders. Just because there is a chargesheet, we don’t have the hold. The matter is still within the seisin of this court. We will place the chargesheet on record and assist you to come to a conclusion. But because it is an offence of this kind, the petitioner would appear before the Magistrate and then he may be admitted to bail”, assured Mr. Subramaniam.Advocate Dushyant Dave, appearing for the original complainant, advanced that Mr. Rohatgi is “absolutely wrong”- “No permission of Your Lordships’ was needed to register the FIR. The first FIR had been quashed on purely technical grounds. Your Lordships have since 1953 repeatedly said that if a FIR is null and void, a second FIR can be maintained. This is a serious case of kidnapping, torture and murder!””The FIR is between me and the state! The informant is nobody!”, argued Mr. Rohatgi.”Why can you not adjourn the matter?”, Justice Bhushan asked of Mr Subramaniam.”Some documents have to be given. It is a voluminous chargesheet of 500 pages, containing statements of several witnesses. By the time Your Lordships take up the matter in February, the petitioner will have appeared and we will make sure the petitioner has the documents. Your Lordships will have proper assistance from us…we will do nothing to prejudice the examination by Your Lordships”, replied Mr. Subramaniam.Ultimately, the bench granted 2 weeks’ time to the state to bring on record the charge-sheet, listing the SLP for the second week of February. Noting that the matter before the concerned Magistrate comes up on January 22, the bench noted that since the Supreme Court is seized of the matter, “it shall be appropriate” for the Magistrate to postpone the same to the end of February.The case had been registered against Saini under sections 364 (kidnapping or abducting in order to murder), 201 (causing the disappearance of evidence of offence), 344 (wrongful confinement), 330 (voluntarily causes hurt), 219 and 120 (B) (criminal conspiracy) [Section 302 IPC added subsequently] of the Indian Penal Code at Mataur police station in Mohali.The Supreme Court had in December last year allowed Saini’s anticipatory bail plea in connection with the same.Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
AudioHomepage BannerNews Pinterest Twitter Google+ Loganair’s new Derry – Liverpool air service takes off from CODA WhatsApp Facebook Arranmore progress and potential flagged as population grows The acting Chief Medical Officer’s warning that Covid-19 is spreading ‘disproportionately’ among younger people.It’s after new figures from the Health Protection Surveillance Centre show 40 percent of cases in the last two months have been in people between 15 and 34.Another 334 cases of the virus were reported across the country yesterday, 18 in Donegal.The National Public Health Emergency Team will consider whether to recommend further restrictions at a meeting tomorrow.Up to eight counties, including Donegal, are in danger of being moved up to level 3, which Dublin is at.Professor in infectious diseases at the Royal College of Surgeons, Sam McConkey, says the highest level of restrictions may be needed in the coming weeks:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2020/09/mcconkey7am.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Community Enhancement Programme open for applications Donegal in danger of moving to level three restrictions Google+ Facebook Pinterest WhatsApp Nine til Noon Show – Listen back to Monday’s Programme Important message for people attending LUH’s INR clinic Publicans in Republic watching closely as North reopens further Twitter RELATED ARTICLESMORE FROM AUTHOR By News Highland – September 23, 2020 Previous articleBeef taskforce meeting gets underway todayNext articleAlmost 2,500 Covid tests carried out in Donegal in past week News Highland
View post tag: HMAS Ballarat Photo: HMAS Ballarat departs Fleet Base West to take part in operation Manitou. Photo: Royal Australian Navy Royal Australian Navy frigate HMAS Ballarat got underway from her homeport Fleet Base West at Garden Island on October 28 to start her Middle East deployment.The 190 sailors and officer on board will spend the next nine months conducting maritime security operations as part of the Australian defense forces’ operation Manitou.Commander Australian Fleet, Rear Admiral Jonathan Mead joined family and friends to farewell the ship and loved ones for their deployment.RADM Mead said Ballarat would continue the RAN’s contribution to the Middle East region to ensuring safe and open access to the region while fostering trade and commerce.“HMAS Ballarat’s ship’s company depart today as the 67th rotation in the Middle East region, continuing the ADF’s contribution in support of international efforts to promote maritime security, stability and prosperity,” RADM Mead said.“Thank you to the families and friends who provide great support to these highly professional men and women during their preparation and throughout the deployment. I wish Ballarat all the best for safely completing their mission.”Ballarat’s commanding officer, Commander Paul Johnson, said the crew were highly trained and motivated to carry out the tasks ahead.“The men and women who serve in Ballarat have worked very hard preparing the ship for this long deployment,” Commander Johnson said.“This will be the ship’s second deployment to the Middle East and we carry forward a considerable legacy.” View post tag: Op MANITOU View post tag: Royal Australian Navy Share this article
New Voter ID Rules, Other Election Changes May Flummox VotersOctober 19, 2016 By Rebecca BeitschLess than three weeks before Election Day, new voter ID requirements, early voting schedules and voter registration rules in more than a dozen states are creating uncertainty that could dampen turnout.In some states, courts are still hashing out new rules.Fourteen states have election laws that are more restrictive than they were during the last presidential election in 2012. Most of them require voters to show a photo ID before casting their ballots.Some of those ID laws have been scaled back or overturned by judges citing racial discrimination, but legal battles have continued in several states because voting rights advocates say state officials haven’t fully complied with court orders.There is confusion stemming from other court cases as well. Kansas’ attempt to require proof of citizenship from voters is still tied up in court. In Ohio, the battle is over people the state purged from the voter rolls because they hadn’t voted in six years.“One of the greatest impediments to voting is confusion,” said Lloyd Leonard with the League of Women Voters. “In some pretty important states the rules are still changing.”Decided, Not SettledCourts struck down strict voter ID laws in North Carolina and North Dakota and scaled back laws in Texas and Wisconsin. But even though the cases have been decided, they aren’t quite settled.In Texas, North Carolina and Wisconsin, plaintiffs have returned to court to try to force state officials to follow through on court orders.Under the voter ID law Texas approved in 2011, for example, driver’s licenses, passports, military IDs and concealed carry permits are accepted, but student IDs and tribal IDs are not.The 5th Circuit Court of Appeals in July said the law violated the Voting Rights Act and asked a lower court to come up with a remedy. The lower court required the state to let the estimated 600,000 Texans without qualifying IDs vote so long as they sign an affidavit and present proof of identity like a utility bill or voter registration card.But voting rights advocates and the Department of Justice accused the state in September of failing to make a good faith effort to educate voters about how the law had changed. A judge said the state’s education materials made it seem as if the affidavit would be available only to people who could not get an ID, as opposed to people who faced a reasonable impediment to getting one.Jennifer Clark of the Brennan Center for Justice at New York University School of Law, a think tank that advocates for voting rights and represented some of the Texas plaintiffs, said that distinction is important to people for whom retrieving a birth certificate from another state might mean missing work or having to find a babysitter.The U.S. Supreme Court blocked North Carolina’s voter ID law from being used in the November election, though it was in place during the primary. An earlier opinion from the 4th Circuit Court of Appeals said the ID requirements, which were drawn up by legislators who requested data on the use of different types of IDs and voting methods by race, targeted African-Americans “with almost surgical precision.”Following the 4th Circuit decision, which also restored the longer period for early voting in place before the ID law, Republican county election board officials received emails from party leaders urging them to limit early voting hours and locations to the bare minimum required under law.An email obtained by North Carolina news organizations shows election officials were told by state Republican Party director Dallas Woodhouse that “as partisan appointees they have [a] duty to consider Republican points of view.”The state elections board ultimately took control of several county plans and expanded access to early voting, but some of the original plaintiffs in the ID case are now suing over early voting plans in five counties.Wisconsin’s law was upheld by a U.S. district judge who said the state could enforce the ID provision so long as the Division of Motor Vehicles gave visitors a piece of paper that certifies they are allowed to vote in the election, even if they lacked all the documents necessary to secure an ID. But that same judge later criticized the DMV after video surfaced showing employees weren’t providing the papers.“Part of it could be deliberate recalcitrance, and part of it could be bureaucratic incompetence,” said Rick Hasen, a professor at the University of California-Irvine School of Law who watches election law litigation. “Whatever the intention of Wisconsin election officials, the DMV is not committed to helping get IDs in the hands of those who need them.”In a recent court filing, the DMV said that although the problem was not widespread, it would do more training if directed by the court.Cases and ConfusionGeorgia and Alabama abandoned their efforts to require proof of citizenship from voters, at least for this election, but the battle continues in Kansas, where Republican Secretary of State Kris Kobach wanted the ballots of those who did not provide citizenship documents when they registered to be set aside until they could do so.That action has spurred several lawsuits. In one, a county district court ruled Kansas could not keep separate voter registration lists for federal and state elections based on whether people had provided proof of citizenship. In another, Kobach agreed to allow those who had not provided proof of citizenship when visiting a DMV to vote in the election.In a separate case filed by the League of Women Voters, a federal judge issued an injunction that allows Kansans to register using the federal form without having to provide citizenship documents. But that injunction is only in place until the U.S. District Court in Kansas rules on the case, which was argued Oct. 13.Following a practice in place since the 1990s, Ohio purged thousands of voters from the rolls because they failed to vote in a six-year period. The 6th Circuit Court of Appeals in September ruled that Ohio officials violated the National Voter Registration Act by removing the names, but it did not order the state to restore them. That issue is still being hashed out in a U.S. District Court, even though the state’s voter registration deadline was Oct. 11.To help voters know where they stand, the League of Women Voters of Ohio has tried to get a list of those who were purged, but was able to get information from only some counties.“Our big concern is, what do we tell these voters?” said Carrie Davis, the group’s executive director. “We’re worried there could be potentially a significant number of voters who show up to polls who think they’re registered to vote when they’re not.”Ohio’s Republican Secretary of State John Husted proposed in court last week that those purged from the list be able to cast a provisional ballot on Election Day that would be counted as long as the voter’s address hasn’t changed and the elections board has no information that a person with that name is deceased. The litigants in the case, including the American Civil Liberties Union of Ohio, have not yet responded in court.And in Virginia, the state Supreme Court in July blocked Democratic Gov. Terry McAuliffe’s effort to restore the voting rights of more than 200,000 people with a felony record all at once, forcing him to restore each person’s individually. So far McAuliffe’s office said he had restored the rights of 85,176 people. The state’s voter registration deadline was Oct. 17. Across the U.S., an estimated 6.1 million people with a felony record will not be able to vote in this year’s general election.Tougher to Vote?Voting rights groups say voter ID laws, the purging of voter rolls, fewer early voting locations in some cities, proof of citizenship requirements, felon voting laws, and confusion from litigation all contribute to it being tougher to vote than it was four years ago in many states.“You don’t have to expressly prohibit people from voting to make it elusive to them,” said Denise Lieberman of the Advancement Project, a civil rights advocacy group. “By putting up hurdles and making it confusing, when it’s unclear if people got on rolls or not, by making people jump through extra hoops — it’s enough to keep voters from the polls.”But some academics, including Hasen, say without registration numbers and turnout totals, it’s too early to tell what impact the new laws might have on the election.And while voting rights issues have been heavily litigated this year, a number of laws passed over the past couple of years make it easier to vote.A few states have enacted automatic voter registration. The number of states with online voter registration and same day voter registration has increased. And Maryland and California voted to expand the voting rights of felons.“Voters have more options than ever before,” said Doug Chapin, an elections expert at the University of Minnesota who is also a consultant at The Pew Charitable Trusts (Pew also funds Stateline). “It’s easier to register to vote online. There are more options to vote other than an Election Day polling place, and it’s easier to get more information about what’s on the ballot and where to vote than ever before.”NEWERTop State Stories 10/19OLDERTop State Stories 10/18PLACESKansas Ohio North Carolina Texas Virginia WisconsinTAGSJustice Politics and CampaignsExploreBy TagBy TagBy StateBy StateStateline Daily EmailSign up for our daily update—original reporting on state policy, plus the day’s five top reads from around the Web.FacebookTwitterCopy LinkEmail
The Transport Council took place in Luxembourg on Thursday 6 June. This was the only Transport Council under the Romanian Presidency (the Presidency). The UK was represented by the UK’s Deputy Permanent Representative to the EU, Katrina Williams.The Council reached general approach on the third tranche of the ‘mobility package’ for a legal framework for the electronic communication of freight transport information. The UK welcomed the work that the Presidency had done to achieve compromises on this text, as did a number of other member states.The Presidency gave a progress report on the proposal from the third tranche of the ‘mobility package’ to streamline planning and approval processes for projects on the trans-European transport network (TEN-T). Some delegations took the opportunity to flag outstanding concerns including scope, the role of the single competent authority and the duration of the permit granting process.There was also a progress report on the proposal from the first tranche of the ‘mobility package’ hired vehicles directive, although discussion illustrated that there are still outstanding issues to be resolved.The Council was also given a progress report on the proposal from the first tranche of the ‘mobility package’ to revise the current directive on Eurovignette (road charging). The UK intervened to highlight the need for flexibility in determining national charging schemes, a view shared by a number of other member states.Over lunch, ministers from Armenia, Azerbaijan, Belarus, Georgia, Moldova and the Ukraine along with representatives from the World Bank, the European Investment Bank and the European Bank for Reconstruction and Development participated in a joint discussion with the Council and Commissioners Bulc and Hahn on the progress made by the Eastern Area Partnership (EaP) in developing the external dimension of the TEN-T policy. Welcoming the progress made in relation to road safety, TEN-T connectivity and planning for future investment in transport infrastructure, the Council endorsed the joint EU-EaP declaration as a road map for future cooperation.Later, the Council was given a further progress report on negotiations on the proposals to revise the regulation on rail passengers’ rights and obligations.Finally, there were several information points from member states, the Presidency and Commissioner Bulc under any other business. Several member states supported Luxembourg’s call for consideration of aviation taxation as an additional means to tackle emissions reduction. The Presidency gave information on discussions in other Councils on ‘A clean planet for all’, the Commission’s long-term climate strategy. On addressing airspace capacity, Commissioner Bulc noted the recent publications of the airspace architecture study and the Wise Person’s report on the future of air traffic management. The Commission noted the first findings of its study on sustainable transport infrastructure charging and the internalisation of transport externalities, which was published on the day of the Council , and updated the Council on the connectivity outcomes of the EU-China summit. The Presidency provided an update on current legislative proposals and the Polish delegation provided information on the Conference on ‘Benefits for regions resulting from the implementation of the route Via Carpatia’. Finally, Finland presented transport plans for its forthcoming Presidency of the Council of the European Union.
Read Full Story Harvard School of Public Health (HSPH) epidemiologist Caroline Buckee and her team are using cell phone data to track travel patterns across West Africa to help fight the Ebola epidemic. Such data — including unique cell phone “pings” from cell phone towers — can show where people have gone after leaving a disease hot spot, thus suggesting where a disease cluster might crop up next and where best to focus health care efforts.Buckee, assistant professor of epidemiology at HSPH and associate director of the Center for Communicable Disease Dynamics, and her team are working with Flowminder, a Swedish nonprofit, to analyze data from Senegal and Ivory Coast provided by Orange Telecom, a West African mobile carrier. The researchers are also analyzing population movements using more conventional sources, such as surveys.“We are planning to develop epidemiological models to estimate the cost effectiveness of containment for different scenarios of Ebola arrival in different West African countries in the next few weeks,” said Buckee.
John Hurt will join Kenneth Branagh in the West End production of John Osborne’s The Entertainer this summer. Directed by Rob Ashford, the production begins performances at the Garrick Theatre on August 20 with opening night August 30.Hurt, who will play Billy Rice, has been on stage in Travesties, Little Malcolm and His Struggle Against the Eunuchs, Inadmissible Evidence,The Seagull with Natasha Richardson, A Month in the Country opposite Helen Mirren and Heroes. His film work includes Alien, Midnight Express, The Elephant Man, 1984, The Hit, The Field, Love and Death on Long Island, V for Vendetta, TinkerTailor Soldier Spy, Snowpiercer, Hercules and Mr. Ollivander in the Harry Potter series.The cast will also feature Jonah Hauer-King as Frank Rice, Sophie McShera as Jean Rice and Greta Sachhi as Phoebe Rice. Set against the backdrop of post-war Britain, The Entertainer conjures the seedy glamour of the old music halls for an examination of public masks and private torment.The Entertainer completes Branagh’s takeover of the Garrick, which saw The Winter’s Tale and Harlequinade earlier this season and will welcome The Painkiller and Romeo and Juliet this spring. John Hurt(Photo: Ben A. Pruchnie/Getty Images) View Comments