HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on West Bengal post-Panchayat Polls violence; Pulse candy case; T.I.M.E. trade mark case; and more
A quick legal roundup to cover important stories from all High Courts this week.
UAPA
Madras HC issues notice to NIA over filing petition seeking extension of remand order under UAPA at the “eleventh hour”
The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.
Delhi High Court denies bail to alleged terrorist on conditions under Section 43D (5) UAPA being satisfied
There is a reasonable possibility that the appellant was one of the links in the network of people who were cognizant of the plan to trigger terrorist activity by using such bombs and explosives and causing loss of life.
“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.
Justice M.R. Shah Retires: A Look at his Dynamic Tenure and Decisions
After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.
Explained| Why SC sets aside Bombay HC order acquitting Prof GN Saibaba and others in UAPA Case
The Court directed to remit the matter back for fresh disposal before another bench of the High Court.
UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA
Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions
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
[Hathras Conspiracy case]: “Preventive detention of citizen for just and plausible reasons is a measure permissible under law”; Allahabad High Court grants bail to Atikur Rehman
Allahabad High Court granted bail to Atikur Rehman who was arrested in 2020 along with Siddique Kappan and two others on their way to meet the family of the Hathras Rape and Murder victim.
High Court January 2023| Revisiting bundle of stories on Live-in relationships; Motor Accident Claims; Trademarks; Yashraj Copyright’s case; Toxic work culture; Medical termination of pregnancy and more
The High Court Roundup brings a curated list of the top stories of the month to ensure that our readers do not miss out any important updates. This month’s roundup covers the stories Live-in relationships; Motor Accident Claims; medical treatment of HIV positive person; Trademarks; Yashraj Copy Rights case; problem of toxic work culture; termination of pregnancy of rape victims; Sexism not accessible, no means no; allowing Sikhs to carry Kirpans on flights….
Lucknow Court signs release order of Siddique Kappan after being granted bail for offences under PMLA and UAPA
Sessions Court, Lucknow: In a case filed by the Enforcement Directorate against Kerala journalist Siddique Kappan, who was incarcerated under the Unlawful
Order rejecting Siddique Kappan’s discharge application is against law propounded by SC; Allahabad High Court remits the matter back to the Trial Court to decide afresh
If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court
Madras High Court directs Tamil Nadu Judicial Academy to conduct a refresher course for the judicial officers, focusing on the special enactments, making them aware of the procedure
While quoting “Can the blind lead the blind? Will they not fall into a pit?”, the Madras High Court said that the first blind person in this case is the Sessions Judge, who was guiding the Magistrate, who was also blind, due to ignorance of the legal position and ultimately, both fell in a pit, leading to illegal and non est orders passed by the Magistrate.
Allahabad High Court denies bail to two members of Popular Front of India accused of planning an attack on different Hindu Religious Organisation
Ansad Badruddin and Firoz Khan, members of PFI were denied bail by Allahabad High Court, as various contraband articles were recovered from their possession, including a diary disclosing their aim and object of fighting against Hindu religious organisations and to promote the ideology of PFI.
[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
[Explained] What made Bombay High Court grant bail to Bhima Koregaon accused Dr. Anand Teltumbde?
Bombay High Court: While granting bail to the Bhima Koregaon accused, Dr. Anand Teltumbde, the Division Bench comprising Milind N.
Madras High Court | Once UAPA charges quashed, accused cannot be denied bail on ground that criminal conspiracy under Section 120-B IPC attracts the offence punishable under the provisions of UAPA
Madras High Court: In an appeal against the order passed by the Special Court rejecting the appellant’s bail, the division
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)
Why Supreme Court suspended Bombay High Court’s order discharging UAPA accused Prof GN Saibaba & others
Supreme Court: The bench of MR Shah and bela M. Trivedi, JJ assembled on Saturday to hear the appeal against the Bombay