Latest hc News | Top hc News Headlines Today | Today India news | Breaking hc News Today | English hc News Headlines - TheDailyGuardian

Leh Apex Body Approaches HC For Sonam Wangchuk’s Climate Protest In Delhi

October 8, 2024, 3:48 pm

The Apex Body Leh has approached the Delhi High Court seeking permission for climate activist Sonam Wangchuk and other participants of a ‘Padyatra’ to hold a peaceful protest at Jantar Mantar or another suitable location from October 8-October 23, 2024.

Right to free speech and peaceful assembly

This request underscores the fundamental rights enshrined in Articles 19(1)(a) & 19(1)(b) of the Indian Constitution, which guarantee the right to free speech and peaceful assembly.

The petition highlights that around 200 participants initiated a peaceful march from Leh, Ladakh, to New Delhi, covering over 900 kilometers in 30 days. Their goal is to raise awareness about the ecological and cultural degradation affecting Ladakh and the broader Himalayan region.

The petitioners aim to conduct an awareness campaign and peaceful protests at Jantar Mantar or an alternative location in Delhi.

However, on October 5, 2024, the Delhi Police rejected the request for the peaceful demonstration at Jantar Mantar, claiming “no valid grounds” for the denial. The petition argues that this rejection infringes upon the petitioners’ fundamental rights to free speech and peaceful assembly, as outlined in the Constitution.

Furthermore, the Delhi Police have not provided any reasonable justification for their decision, despite the peaceful intent of the march led by the ‘Padyatris.’

The matter was brought before a bench led by Chief Justice Manmohan and Justice Tushar Rao Gedela for urgent consideration. The court agreed to list the case for hearing on Wednesday.

The petition emphasizes that the proposed demonstration is a peaceful expression of dissent intended to raise awareness about critical social issues. The planned Anshan is designed to communicate grievances to the authorities.

By denying permission for this protest, the petition claims that the authorities are effectively suppressing a fundamental right and limiting the petitioners’ ability to engage in public discourse. This, in turn, undermines the principle of open expression in a democratic society.

The upcoming court hearing will be pivotal in determining whether the ‘Padyatris’ can proceed with their planned protest, which they believe is essential for bringing attention to the urgent ecological concerns facing their region.

The outcome could set a precedent for how such peaceful assemblies are treated under the law, particularly in relation to climate activism and environmental protection.

HC orders removal of barricades at Shambhu Border

July 11, 2024, 3:28 am

The Punjab and Haryana High Court has directed the Haryana government to remove barricades at the Shambhu border, more than five months after the “unlawful sealing of the border between Haryana and Punjab” to prevent farmers from “protesting peacefully” came under judicial scrutiny.
A high court division bench issued the order on Wednesday while addressing a batch of petitions. The court instructed Punjab and Haryana to collaborate on removing the barricades. A detailed order is expected to follow.
The court’s directive comes amid growing concerns about traffic disruptions and the impact on daily commuters and transport. In the previous hearing, the bench had instructed both states to submit detailed affidavits regarding the ongoing blockade at the Shambhu border, including specifics on the duration of the closures.
The bench noted: “The highways/national highways at the Shambhu border continue to be blocked, causing inconvenience to commuters. Both the states of Punjab and Haryana shall submit their affidavits on this aspect by the next hearing, detailing when the closures began and how long they are expected to continue.”
One of the petitions was filed by city-based advocate Uday Pratap Singh, seeking an urgent interim order to halt all “obstructive actions” by the governments of Punjab, Haryana, and the Union of India against the farmers’ “peaceful” protests. Singh argued that the road blockade not only inconvenienced locals but also disrupted the movement of pedestrians, ambulances, school buses, and other vehicles.

SC Grants AAP Extension Till August 10 To Vacate Delhi Office For HC Showdown

June 10, 2024, 4:24 pm

In a recent development, the Supreme Court has extended the deadline for the Aam Aadmi Party (AAP) to vacate its headquarters in Delhi’s Rouse Avenue area until August 10. This extension comes as the land was originally allocated for the expansion of the Delhi High Court’s infrastructure. The vacation bench comprising Justices Vikram Nath and Sandeep Mehta emphasized that this extension represents a “last opportunity” for AAP.

The bench stipulated that AAP must provide an undertaking to the Supreme Court’s Registry, committing to vacate and peacefully hand over the property by August 10, 2024. The premises in question were allotted to the Delhi High Court in 2020, with concerns raised about the stultified expansion of the High Court and associated cost implications.

AAP had earlier filed an application seeking an extension of time, which the bench has now granted. This decision follows the Supreme Court’s previous deadline of June 15, with the AAP arguing that the plot was initially allotted to them in 2015 before being earmarked for judiciary purposes in 2020. AAP also asserted its national party status, claiming entitlement to a plot in Central Delhi similar to other national parties.

The court directed AAP to approach the Centre’s Land And Development Office (L&DO) for the allocation of suitable land for its offices, signaling a path forward amid this legal dispute.

Islamabad: Imran Khan to be released on bail as HC suspends Toshakhana case verdict

August 29, 2023, 3:57 pm

The conviction and three-year sentence of former Pakistan Prime Minister Imran Khan in the Toshakhana corruption case were postponed by the Islamabad High Court on Tuesday.

The reserved judgement was given by a split bench consisting of Islamabad High Court Chief Justice Aamir Farooq and Justice Tariq Mehmood Jahangiri. The IHC reserved its decision on Khan’s petition to overturn his conviction in the Toshakhana corruption case on Monday.

On August 5, a trial court in Islamabad convicted and sentenced the 70-year-old chairman of the Pakistan Tehreek-e-Insaf to three years in prison. The cricketer-turned-politician was jailed on allegations of illegally selling state goods obtained by him and his family during his tenure from 2018 to 2022. He has also been barred from politics for five years, making it impossible for him to run in a next election.

HC rejects PIL challenging Kerala’s governor’s refusal to sign bills

December 1, 2022, 2:47 pm

The Kerala High Court on Wednesday dismissed a public interest litigation (PIL) brought by a lawyer challenging the decision of Governor Arif Mohammad Khan to withhold some bills passed by the legislative assembly.

Chief Justice M. Manikumar and Justice Shaji P. Chaly, sitting as a division bench, stated that the court cannot impose a deadline on the governor for signing the bills and cannot impede the governor’s discretion.

In the PIL, petitioner PV Jeevesh said six bills passed by the assembly were pending with the governor. He also contended that the President or the governor do not have unbridled and unfettered discretion to keep the bills passed by legislative bodies.

Additionally, Jeevesh argued that the governor’s decision to withhold the bills without using his discretionary powers under Article 200 was arbitrary and at odds with democratic values and democratic constitutionalism. In this context, he also made considerable use of quotations from the Sarkaria Commission and Punchhi Commission reports. The court, however, dismissed his arguments and stated that it could not impose a deadline on the governor or interfere with his discretion.

On Tuesday, the Kerala High Court rejected the state government’s appeal challenging the governor’s appointment of Ciza Thomas to serve as the APJ Abdul Kalam Technical University’s (KTU) acting vice-chancellor, allowing her to carry out her new responsibilities.

Intense tensions erupted last month between Governor Khan and the Pinarayi Vijayan administration after the latter demanded the resignation of 11 vice chancellors in light of the Supreme Court decision that invalidated the appointment of KTU V-C MS Rajashree.

Ahead of Gujarat polls, HC permits Hardik Patel to enter Mehsana

November 12, 2022, 2:20 pm

One year after the state government stated that it had no objections if the restriction was removed, the Gujarat high court on Friday granted BJP leader and candidate from Viramgam constituency Hardik Patel permission to enter the Mehsana district for the purpose of campaigning in the upcoming state elections.

The court gave him relief for a year after noting that he works as a social worker, is a BJP member, and intends to run in the forthcoming Gujarat assembly elections.

“In view of such a position, the applicant needs to travel frequently in various parts of Gujarat including Mehsana district for campaigning and fulfilling the political obligation cast upon him,” the court said in its two-page order on Friday. HT has seen a copy of the order.

The court, presided over by Justice S. H. Vora, allowed the bail requirement to be relaxed for a year, or until November 7, 2023.

After the Gujarat High Court’s decision, Congress criticised the BJP, claiming that the BJP’s hypocrisy had been revealed.

Notably, though his sentence has been suspended by the Gujarat High Court, his conviction has not been overturned.

The court decision prohibiting him from visiting the Mehsana district and running in the 2019 general elections followed his conviction. The Supreme Court also overturned his conviction on April 12.

Patel has also filed a pending application with the high court requesting that this condition be permanently removed. In January 2023, the petition will be considered.

Patel, a Patidar leader from Gujarat who joined the Congress in 2019, left the organisation in June as its working president to join the BJP government.

Overcrowding of prisoners in Tihar Jail, PIL moved to Delhi HC

November 8, 2022, 12:49 pm

A Public Interest Litigation has been moved in the Delhi High Court in relation to the overcrowding of prisoners in the Tihar Prison Complex, Delhi.

The complaint claimed that Tihar Jail had more detainees than it could actually house in each barrack and that there had been a significant increase in the number of inmates overall. An NGO named Nyaya Foundation filed the appeal, claiming that the needless overcrowding of such jails amounted to a rejection of the inmates’ fundamental rights, which are protected by Article 21 of the Indian Constitution and include the right to a peaceful and dignified lifestyle. The plea claimed that because of the prison complex’s extreme overcrowding, the detainees’ lives are severely impacted by the mental and physical abuse they endure.

According to the plea, people arrested in any case which is punishable lesser than 3 years and they have committed the offence for the first time, the probation report must be considered to release them on bail.

The plea also claimed that unneeded arrests cause the jail complex to become overcrowded. In these situations, when an innocent person is detained, he or she is forced to deal with the conditions within the jail and ends up doing crimes that they would not have otherwise committed.
The petition claims that notwithstanding the Top Court’s ruling on the statute, arbitrary arrests continue to occur. In clear contravention of the law, the accused are being taken into jail and imprisoned. The chaos that results from the same acts as a stimulant for the prisoners’ mental suffering, obliterating their existence and making a mockery of human rights laws.

To ease the burden of Tihar, jail complexes in Rohini and Mandoli were established in the year 2004 and 2016 respectively, but their condition is no different.

Tihar, one of the largest prison complexes in the world with nine central prisons, has the capacity to house 5,200 criminals, but 13,183 detainees are currently housed in its various central jails, according to the office of the Director General of Prisons in response to an RTI. Additionally packed are the prison complexes that were meant to lighten Tihar’s load. The six central jails in Mandoli have a total capacity of 1,050, but 2,037 inmates are now housed there. The capacity of Rohini’s single central jail is 3,776 inmates, but 4,355 detainees are currently being held there for a variety of reasons, according to the petition.

Life sentence awarded to man who shot dead Radhika Tanwar confirmed by Delhi HC

November 1, 2022, 6:25 pm

The appeal challenging the conviction and life sentence awarded to a man who shot dead Radhika Tanwar, Delhi University student near Satya Niketan on Dhaula Kuan foot over bridge in March 2011.

This happened after the dead refused to the inmate’s advances, who had previously stalked and teased her. On Monday, the High Court denied Vijay Saini’s appeal, noting that the evidence of witnesses and the convict’s mobile position at the scene of the crime proved his actions as he fled to Mumbai after committing the crime.

The division bench which was comprised of justice Mukta Gupta and Anish Dayal said, “Court finds that the guilt of the appellant for the murder of the deceased has been proved beyond reasonable doubt and duly supported by circumstantial evidence by the prosecution.”

“Consequently, this Court finds no error in the judgment of conviction and order on sentence by the Trial Court,” the bench said in judgement passed on October 31.

The bench observed, “Even though there were no direct eye witnesses at the point of shooting the deceased, the testimonies of Narbahadur and Ajit Singh were consistent in that both had heard a sound of a fire shot and both had seen the girl on the ramp of the flyover and while one had seen a boy standing next to her with something hidden under his shirt, the other had seen a boy running away with a pistol in his hand.”

The bench noted that since both had identified the appellant in front of the police and later in court and were unrelated witnesses, they had no basis or reason to falsely accuse the appellant.
The court ruled that the appellant’s motivation for killing the deceased is also clear from the testimony of Pankaj and Ravi, who claimed that the appellant was present in their village, where the deceased resided, 2-3 years ago. They intervened and beat the appellant up because the deceased had complained that he was stalking and tease her.

Both have testified that they took the appellant to the deceased’s home, where the deceased’s father also beat him up. This was confirmed by the testimony of the deceased’s father as well.

The bench observed, “The presence of the appellant in the area of the deceased’s residence and at the place of incident is further corroborated by the CDR record. An analysis of the CDR for mobile of the appellant reveals that between 22nd December, 2010 and 2nd March, 2011 the location of the call phone of the appellant can be traced to Naraina village near the residence of the deceased on multiple occasions.”

The appellant’s cell phone was discovered close to the deceased student’s college at Satya Niketan on December 20 and 29, 2010, as well as on February 20, 2011, the bench observed.

“The said circumstance of absconding immediately after the incident of murder would be admissible as “relevant conduct” under Section 8 of the Evidence Act,” the bench observed.

Ban on the sale of gutkha, pan masala lifted by Delhi HC

September 30, 2022, 2:55 pm

The Delhi High Court has lifted the ban on the manufacturing, storage and sale of gutkha, pan masala flavoured and other such products in the capital region. The court stated that the authorities have exceeded the power vested in them.

Justice Gaurang Kanth invalidated the ban notifications that the Delhi Government’s Food Commissioner had issued between 2015 and 2021, stating that while he was aware of the detrimental effects and numerous diseases brought by tobacco use, both smokeless and smoking, but the issue of law could not be resolved solely based on public sentiments.

“In addition to the ill-effects of smokeless tobacco pointed out by the respondents, this court is of the view that tobacco, in any form is injurious to public health and this court accordingly condemns and discourages the use of any form of tobacco. Public health is one of the most important parts of society and therefore, it is necessary to take all steps to preserve the same in all possible manners,” the judge said in his ruling passed on Tuesday. The order was uploaded on the court website on Wednesday.

The judgement is a result of a batch of petitions filed by those engaged in the lawful manufacture, trade, distribution and sale of scheduled tobacco products, more particularly chewing tobacco, both flavoured and scented.

To protect the public’s health, the Delhi government issued several notifications that were contested by the petitioners. These notifications forbade the production, storage, distribution, or sale of gutka, pan masala, flavoured or scented tobacco, and similar products for a year across Delhi.
The petitioners claimed that the notifications violated their fundamental rights, were arbitrary, and went beyond the scope of the Food Safety and Standard Act (FSSA).

Kerala high court directs PFI to pay 5.2 crore for damages

September 29, 2022, 5:46 pm

The high court of Kerala has directed the Popular Front of India (PFI) to pay 5.2 crore for the damages that have been caused during the bandh it called against the raids by the national authorities last week.

Lower courts were instructed by a division bench of Justices A K Jayasankaran Nambiar and C P Mohammad Nias not to grant bail to the accused till the damages are paid. It instructed the administration to name PFT state secretary A Abdul Sattar, who issued the bandh call, as a defendant in all legal proceedings arising from the violence that took place during the government shutdown.

“Life of citizen cannot be put in peril. The message is loud and clear. If anybody does it, this will be the consequence. You can have your organisation and demonstrations against any cause. The Constitution permits it, but no flash hartals,” the court said.

In 2019, the court said at least seven-day notice was needed for a hartal and declared a sudden shutdown illegal and unconstitutional. The court took cognisance on its own of the PFI’s bandh last Friday.

It said strict proceedings, including attachment of their properties, can be initiated if the damages were not paid. The Kerala State Road Transport Corporation earlier informed the court that 58 of its buses were damaged and 20 employees injured in the violence during the bandh.