Court Roundup: Day 15 of Article 370 hearing, Delhi riots case, and more

On Day 14 of the hearing on abrogation of Article 370, the Supreme Court directed National Conference MP Mohammad Akbar Lone to submit an affidavit affirming his allegiance to the Constitution and recognising Jammu and Kashmir as an integral part of India. The court’s order came after the Centre flagged Lone – one of the petitioners in the hearing – shouting “Pakistan Zindabad” slogans on the floor of the Jammu and Kashmir Assembly in 2018 when he was an MLA.

Solicitor General Tushar Mehta, appearing for the Centre in the hearing, said Lone should file an affidavit over his slogans. He stressed that Lone should clearly oppose secessionist forces and terrorism in his affidavit.

Former AAP councillor Tahir Hussain granted bail in Delhi riots case

A Delhi court granted bail to Tahir Hussain, a former councillor of the Aam Aadmi Party (AAP), in relation to a case from the 2020 North-East Delhi riots. However, despite the bail, Hussain will remain in judicial custody due to other cases filed against him, including one under the Unlawful Activities (Prevention) Act, which alleges a broader conspiracy behind the riots.

The specific case for which he was granted bail pertains to an incident in the Khajuri Khas area where a local, Ajay Gauswami, was injured by a bullet. The bail was set at a bond of Rs 1 lakh.

Difficult for women to find husbands after live-in: Allahabad High Court

The Allahabad High Court, while granting bail to a man accused of raping his live-in partner, expressed criticism towards live-in relationships. The court said such relationships lack the stability, security, and societal acceptance that marriage traditionally offers.

Justice Siddharth remarked that after the end of a live-in relationship, women often face societal challenges, including ostracisation and derogatory comments. He noted that while men can easily find another partner or spouse, women in such situations struggle to regain their social status and find a male partner for marriage.

Justice Siddharth also expressed concerns about the potential decline of the institution of marriage in India, drawing parallels with certain other countries.

Court allows Delhi builder to travel to US on Rs 100 crore bank guarantee

The Delhi High Court granted permission to Anant Raj Kanoria, son of a promoter of SREI Infrastructure, to travel to Boston, USA, for medical treatment for epilepsy from September 6 to 18. This decision comes despite a Look Out Circular issued against him by the Enforcement Directorate.

The court ordered Kanoria to deposit a bank guarantee of Rs 100 crore and provide two sureties of Rs 100 crore each from individuals residing in India. It observed that Kanoria has not been named in the FIR or ECIR, nor has any complaint been registered against him. Further, Kanoria has been under treatment for epilepsy by a doctor in Boston since 2010.

Madras High Court directs Chennai Principal Sessions Court to hear bail plea of V Senthil Balaji

The Madras High Court ruled that the principal sessions court in Chennai, designated as the special court for cases under the Prevention of Money Laundering Act (PMLA), is qualified to oversee the trial in the money laundering case against Tamil Nadu Minister V Senthil Balaji. Balaji had approached the high court for clarity after both the sessions court and the special court for cases against MPs and MLAs declined to hear his bail plea, citing jurisdictional issues.

The High Court clarified that the transfer of the money laundering case to the special court for MPs and MLAs was inconsistent with PMLA. Balaji was arrested on June 14 following an interrogation by the Enforcement Directorate concerning charges from his tenure as the transport minister during the AIADMK government from 2011 to 2015.

Extremely cruel to make false allegations of rape, dowry harassment against husband’s family: Delhi High Court

The Delhi High Court stated that when a wife makes unfounded allegations of rape and dowry harassment against her husband’s family, it amounts to severe cruelty that cannot be condoned. The bench, comprising Justices Suresh Kumar Kait and Neena Bansal Krishna, said such false accusations constitute mental cruelty, providing grounds for the husband to seek divorce.

The court’s observations came while addressing an appeal by a woman who challenged a family court’s decision on November 11, 2021, which granted the husband a divorce on the grounds of mental cruelty. The couple got married in 2012 and separated in 2014, with the wife alleging rape by her brother-in-law and dowry harassment. However, the husband and his brother were acquitted of all charges, and the wife later apologized, admitting there was no harassment.

Allahabad High Court holds special Sunday hearing at Chief Justice’s residence

The Allahabad High Court convened a special hearing to initiate a suo motu case regarding a recent assault on a woman police officer from Uttar Pradesh, who was discovered injured on a train. The decision to take suo motu cognizance was based on a WhatsApp message received by Chief Justice Pritinker Diwaker. The hearing took place at his residence. Due to the gravity of the situation, the court decided to register the letter as public interest litigation (criminal).

Notices were issued to various entities, including the Union Ministry of Railways and the State Commission for Women, Uttar Pradesh. The injured officer was found beneath a train berth, with severe injuries, including a deep facial cut. An FIR was registered based on her brother’s complaint, but the advocate representing her case argued that charges related to rape should also be included. The court is set to hear the matter further on Monday.

Edited By:

chingkheinganbi mayengbam

Published On:

Sep 5, 2023

Source link


Please enter your comment!
Please enter your name here