HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Amit Malviya defamation case; Shilpa Shetty SC/ST Act; Home Guards; Execution of Arbitral award; and more
A quick legal roundup to cover important stories from all High Courts this week.
Terrorism
Delhi High Court modifies sentences of technologically savvy ISIS terrorists who used their educational qualifications to promote terrorism
The appellants are technologically savvy persons who have made use of their educational qualifications to promote terrorism and incite offensive activities against the country. Such cases would have to be dealt with differently than cases involving innocent persons, who may have been pulled into crime without their knowledge.
‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea
“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”
Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan
“Files / images which were forwarded by the applicant to a lady, who was stationed in Pakistan, were related to the Space Applications Centre, ISRO, Ahmedabad and these images were taken by the applicant without any authorization.”
Read why Supreme Court sets aside Madras HC bail order granting bail to PFI Members in UAPA case
“We are conscious of the legal position that we should be we are slow in interfering with the order when the bail has been granted by the High Court, however it is equally well settled that if such order of granting bail is found to be illegal and perverse, it must be set aside.”
J&K and Ladakh HC takes stern note of “copy-paste UAPA arguments” highlighting internal security instead of focusing on specific material against an accused
The Court pointed out that to be influenced by the forceful submission of internal security of the State, and to reject a bail application where the State has utterly failed to disclose any material against the accused, is a sure shot recipe for miscarriage of justice.
J&K Administration must pay compensation of 5 lakhs to a lawyer detained in preventive custody for more than 1080 days: J&K and Ladakh HC
The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.
Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC
The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.
NIA Special Court grants bail to General Secretary of Social Democratic Party of India alleged to be a member of Popular Front of India (PFI)
The Court stated that the objections raised by respondent that if petitioner was released on bail then he may abscond to evade criminal justice, are untenable because the petitioner is a Secretary for SDPI political party.
A fundamentalist Muslim cannot be equated with an extremist; J&K and Ladakh HC observes
The Court also observed that fundamentalism pertaining to a Muslim is merely someone who believes in the fundamentals of Islam and the same cannot have a negative bearing.
1996 Lajpat Nagar Blast: 27 years later, SC awards life term to 4; expresses anguish at slow trial due to ‘possible involvement of influential persons’
“A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention. To our great dismay, we are forced to observe that this may be due to the involvement of influential persons.”
“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court
The Court was deliberating over an appeal challenging the rejection of bail to the accused charged under IPC and UAPA for being actively involved with the ‘KG Halli Riots’ in Bengaluru.
Can Twitter or other social media sites, be held liable for any content posted by ISIS on its platform? SCOTUS answers
SCOTUS unanimously held that the plaintiffs failed to allege that the social media sites had intentionally provided any substantial aid or systemically assisted ISIS, which directly led to the Reina Nightclub terror attack.
Jammu and Kashmir and Ladakh High Court sets aside VDG Scheme, 2022 insofar as it affects the powers and honorarium of the heads of the Village Defence Groups
Village Defence Guard Scheme- 2022 insofar as it denudes the petitioners of their status as SPOs and consequently reduces their remuneration/honorarium is an arbitrary and colourable exercise of power.
Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967
Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.
Mere membership of a banned association is sufficient to constitute an offence under UAPA; Supreme Court upholds the Constitutional validity of S. 10(a)(i) UAPA
Supreme Court’s full bench declared the judgments in Arup Bhuyan, Indra Das and Raneef to be bad in law. Also, the High Courts Judgments which followed these precedents were overruled
Delhi High Court | Disclosure of reports and dossiers relating to terrorist acts under investigation is barred by RTI Act
The Mumbai blasts which are the subject matter of the reports, were one of the worst terror attacks on India, leading to hundreds of deaths and hundreds of injured persons. Thus, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.
Person cannot be tried under MCOCA/GUJCOCA once he ceases to indulge in any unlawful act after its coming into force: Supreme Court
The Supreme Court also held that the dictum as laid by this Court in State of Maharashtra v. Shiva alias Shivaji Ramaji Sonawane, (2015) 14 SCC 272 is the correct exposition of law and does not require any relook.
[Ban on Popular Front of India (PFI)] Karnataka HC refuses to interfere with the Govt. decision to give immediate effect to the ban
The Govt. of India had imposed a ban of PFI declaring it an unlawful organisation under the UAPA. The Notification banning the organisation was given ‘immediate effect’, which was then challenged before the High Court
Delhi High Court dismisses Umar Khalid’s bail plea in 2020 riots case
Delhi High Court: In an appeal under Section 21(4) of the National Investigation Agency Act, 2008 (‘NIA Act’) read with Section 43-D(5)