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The  Supreme Court  on Monday said there is a need for finding out the financial stability of parents/guardians of children who have been restored from child care institutions due to Covid-19 pandemic. The Court was hearing the suo motu case initiated by it in order to prevent the spread of the Covid-19 virus to child care institutions (CCIs), including children in need of care and protection and children in conflict with the law in observation homes and children in foster and kinship care. A bench of Justice L. Nageswara Rao and Justice S. Ravindra Bhat directed the State governments to gather information from social welfare departments and other authorities and provide the same to the Amicus Curiae within 2 weeks. During the hearing on Monday, the Court observed that it had directed State governments to consult district child protection units that provide children with facilities required to provide online classes. Following which, 18 States responded and submitted information to

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This is the day most people get to know if their income tax rates are going to go up or down. Or if cigarettes and mobiles are going to get expensive. Yes, it is Budget Day 2021-22! Finance Minister Nirmala Sitharaman will present her third Union Budget starting 11 am on Monday, February 1. Given the knock-out punches of the Covid-19 lockdown and other systemic faults dragging the GDP and its growth rate down, many people expect Sitharaman to unleash new measures that will promote greater verve and growth in the Indian economy. The budget session of Parliament began on Friday with inaugural address by President Ram Nath Kovind. Addressing the joint session of Parliament, President Kovind said all MPs are present here  with message and trust that however tough be the challenge neither we nor India will stop. the President’s address was boycotted by several opposition parties demanding the repeal of farm laws. During his address, President Kovind defended the farm laws that have been

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The Uttar Pradesh Police has registered an FIR against The Wire‘s founding editor Siddharth Varadarajan for tweeting about a story on The Wire in which the family of a deceased farmer who died during the tractor rally claimed that he was shot dead by police. The story, published by The Wire on Friday, quoted the grandfather of Navreet Singh rejecting the Delhi Police claim that he died after his tractor overturned. He then goes to recount an unnamed doctor’s remark on the autopsy. Rejecting the claim made by The Wire, Rampur district magistrate responded to Varadarajan’s tweet and said please let’s stick to the facts and facts only. Going one step further, the Rampur Police has registered an FIR against Varadarajan under Indian Penal Code Sections 153-B (imputations, assertions prejudicial to national-integration) and 505(2) (statements conducive to public mischief). In a separate tweet on Sunday morning, the journalist wrote, in UP, it is a crime for the media to report statements

The Delhi High Court has upheld a trial court order permitting MoserBaer founder Deepak Puri to travel abroad to the United States for treatment. The order was passed on an application moved by the CBI challenging the trial court order, saying there was no emergent medical condition requiring Puri to travel to the US for his treatment. “I find no infirmity in the impugned order dated 23.12.2020 passed by the Ld. Special Judge, the same is, therefore, upheld. Consequently, the present petition is dismissed and disposed of accordingly,” said the single-judge bench of Justice Rajnish Bhatnagar while turning down the petition. The bench had earlier reserved its order on January 27 and it was uploaded on Saturday. The trial court had passed an order on December 23, 2020, allowing Deepak Puri, who is an accused in bank fraud, and his wife Nita (also named in the FIR) to go abroad. Advocate Anupam Sharma, appearing for the CBI while opposing the permission to go abroad, said half of the

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Senior Advocate Pradeep Rai has requested the Chief Justice of India, Justice S.A. Bobde, to start physical hearings immediately in the Supreme Court taking into account the pitiable condition of lawyers and their staff members. In a video statement, Rai said a direction in this regard should be issued urgently to the registry and that will build the confidence of the lawyers in the system. This will also build the confidence of several litigants in our system, he said. The Senior Advocate said, “Now all of the malls are open, markets are open, restaurants are being run, Parliament is functioning, legislative assembly is also functioning and there have been several elections of assembly, several elections of the bar have also been conducted physically during this Covid-19 period.” Rai said, “Now almost 3,000 registry staff come to the court premises every day, over 500 police officers come to guard the court every day, some of the bar employees are coming to court, canteen employee

The Allahabad High Court on Thursday granted interim bail to an accused in misappropriating funds from a trust maintained by Arunima Sinha, world’s first female amputee to scale Mount Everest. The bail applications have been filed seeking bail under Sections 120B, 406, 409, 420, 467, 468, 471, 506 of the Indian Penal Code, in Sarojini Nagar Police Station, Lucknow, against her sister and brother-in-law, alleging that the two duped her of Rs 41,50,000 (in total) using forged documents and signature, and on requesting the applicant/accused to return her money, she was threatened with dire consequences. The couple denied the allegations and submitted that the FIR filed against them is vague and the allegation of misappropriation is without any proof of transaction.  The complainant and the accused are close relatives. The case involves regarding alleged misappropriation of funds of a trust run by the complainant. The counsel for the accused as well as the complainant submitted that th

The Delhi High Court has dismissed the petition filed by an ex-officer of the Delhi Higher Judicial Services challenging his removal from services for allegedly sexually harassing a female Ahlmad at the Dwarka District Court. A divisional bench of Justice Rajiv Sahai Endlaw and Justice Asha Menon in its judgment noted,  “…having judicially examined the report, not only as to the procedure followed and opportunities at each and every stage provided to the petitioner but also on merits, we are more than convinced, of the conclusion having been rightly drawn on the basis of material on record, that the allegations of sexual harassment against the petitioner, stand proved.” The Court’s decision came on a plea by the officer, who had challenged his dismissal from service by the Delhi government in March last year, on the recommendations of the “Full Court” of the Delhi High Court on charges of sexual harassment. The officer had sought his restoration in service, with all consequential ben

The Gujarat High Court has taken suo motu cognizance of the incident of trampling of 15 migrant laborers sleeping on the roadside in Surat. The High Court has registered a PIL in this case. In the horrific accident on January 19 in Surat district ,15 laborers who came looking for work from Rajasthan were sleeping on the Kim-Mandvi roadside were crushed by a truck, including a one-year-old girl and eight women. The Division Bench of Chief Justice Vikram Nath and Justice AJ Shastri registered a PIL on January 27 and issued notices to five government officials. Notices were issued to the Chief Secretary, Additional Chief Secretaries of Home and Port and Transport Department, Principal Secretary of Labor and Employment Department and Transport Commissioner. The bench said that after the accident, senior advocate Anshin Desai had written a letter to the High Court requesting to register a Public Interest Litigation Petition. Desai said in the letter that the state government and municip

The Allahabad High Court on Friday directed the Uttar Pradesh DGP to remove banners naming the top 10 criminals from police stations. Along with the names and identities of the criminals in these banners, information about their criminal history is also given. The Court said that it is a violation of Article 21 of the Constitution. The Court has not mistaken the preparation of the list of criminals for surveillance. The Court said it believes that it is unnecessary to publicly display information about criminals outside the police stations and is in violation of Article 21. This is contrary to human dignity. The Court has also directed the DGP to issue circulars to all police stations in the state for this. This order has been given by a division bench of Justice Pankaj Naqvi and Justice Vivek Agrawal while hearing the petitions of Zeeshan alias Janu, Balveer Singh Yadav and Dudhanath Singh. According to the facts of the case, the names of the petitioners have been publicly displaye

The Allahabad High Court recently granted bail to a truck driver, who allegedly sent a WhatsApp message threatening to kill Uttar Pradesh Chief Minister Yogi Adityanath, if gangster Mukhtar Ansari was not released in a day. A single-judge bench of Justice Dinesh Kumar Singh passed this order while hearing a bail application filed by Amar Pal Yadav. The applicant seeks bail in Crime/FIR No.0280 of 2020, under Sections 124A, 501, 504, 505(1)(B), and 506 IPC and 67 Information Technology Act, lodged at Police Station Hazratganj, District Lucknow. The allegation against the applicant is that he sent a WhatsApp message to a UP-112 Helpline number from his mobile number making an indecent comment against the Chief Minister and, also threatening that if gangster Mukhtar Ansari was not released within 24 hours, he would kill the Chief Minister. The advocate for the accused submitted that the accused is a truck driver and, he has no concern with Mukhtar Ansari or any other criminal; some pe

Delhi’s Rouse Avenue Court recently abated the criminal proceedings against Congress leader Motilal Vohra in the National Herald Case. Additional Chief Metropolitan Magistrate Sachin Gupta passed the order after the late Congress leader’s counsel placed on record his death certificate and urged the court for abatement of proceedings qua him. “…proceedings in the present case qua the accused no.3 Sh. Motil Lal Vora stands abated,” the bench said in its order passed on January 28. Vora, passed away in the national capital on December 21, just a day after celebrating his 93rd birthday. He had recovered from Covid-19 in October and was admitted to Delhi’s Escorts Hospital on December 19 after he complained of breathlessness. The case pertains to the assignment of a Rs. 90 crore loan advanced by the Congress party to Associated Journals Ltd (AJL) – the owner of National Herald to Young Indian for a consideration of Rs. 50 lakh. BJP leader Subramanium Swamy, in a private criminal comp

The Madhya Pradesh High Court has sought information regarding the arrangements for beggar’s shelter home in Jabalpur. Apart from this, the Collector and the Municipal Commissioner have been asked to clarify on the death of two beggars due to the collapse of the dilapidated shop of the Municipal Corporation and the problem of child beggars at the intersections. On Friday, the case was heard by the Division Bench of Chief Justice Mohammad Rafique and Justice Vijay Kumar Shukla. During the hearing, Advocate Dinesh Upadhyay appeared on behalf of Public Interest Petitioner, Citizen Consumer Guide Forum, Dr P.G. Nazpande and social worker Dr M.A. Khan. The counsel for the petitioner argued that two beggars had died due to the collapse of a dilapidated shop of a municipal corporation located in ​​Omati police station limits. As a rule, the municipal corporation had to repair the dilapidated shop in time but this was not done, leading to the accident. Therefore, investigation should be d

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In an unprecedented move, the Supreme Court Collegium recalled its recommendation for making Justice Pushpa Virendra Ganediwala, an additional judge in the Bombay High Court, a permanent judge. The decision was taken after the woman judge passed two consecutive controversial orders relating to child sexual offences. The first order was passed on January 19 where Justice Ganediwala acquitted a 39-year-old man from charges under the Protection of Children from Sexual Offences (POCSO) Act saying that pressing of a minor’s breast without “skin-to-skin contact” cannot be termed sexual assault. The order was severely criticized both in and outside legal circles and on being mentioned by Attorney General K.K. Venugopal before the Chief Justice S.A. Bobde, the order was stayed on January 27 with regard to the POCSO acquittal. On January 28, Justice Ganediwala passed another order which said holding the hands of a minor and unzipping pant does not amount to sexual assault under POCSO Act, 201

The Delhi High Court has allowed bail to a rape accused under Section 376 AB (Whoever, commits rape on a woman under twelve years) of Indian Penal Code and Section 6 (Whoever, commits aggravated penetrative sexual assault) of Protection of Children from Sexual Offences Act, 2012 since there had been a delay of eight hours in the registration of the first information report. The single-judge bench of Justice Suresh Kumar Kait noted, “If such type of heinous crime had taken place and that with a 2 ½-year-old girl, why was the FIR not registered immediately?” The bail application has been filed by a rape accused in the case of allegedly forcing the child to perform oral sex. The Counsel appearing for the petitioner submitted that the FIR and Medico-Legal Certificate (MLC) of the petitioner does not show any sign of intoxication and abrasion, though as per allegations, the petitioner was beaten up by the neighbours of the complainant and the fact that there is a considerable delay of 8

By Sujit Bhar The Union Budget this time will be Finance Minister Nirmala Sitharaman’s toughest so far. In fact, it will be the toughest for any finance minister, since Dr Manmohan Singh’s historic budget of 1991 when the PV Narasimha Rao government decided to open up the Indian economy and pledge gold from the treasury and save the country from a major balance of payment crisis. The finance minister has promised a budget like “never before”, but issues at hand are so critical and government resources so constrained that such a wide promise may be difficult to fulfil. Amid the huge gamut of problems are two special and interconnected issues that need immediate attention. They are employment and the entire Micro, Small and Medium Enterprises (MSME) sector. Both are at historic lows, with much of the small industry euphemistically, the unorganised sector—near total destruction. These are issues that also reflect prominently in the political mirror. The suffering of common folk, especi

The Madhya Pradesh Religious Freedom Ordinance -2020 to stop Love Jihad has been challenged in Madhya Pradesh High Court through a petition. The Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla has issued notice to the Chief Secretary of the State, Principal Secretary of the Legislative Affairs Department and the Home Department in this regard. The next hearing of the case has been fixed for 31 March. Amritansh Nema, a resident of the capital Bhopal and a law student studying at the University of Delhi, has challenged the constitutionality of the Freedom of Religion Ordinance 2020 brought on 9 January 2020 to stop love jihad. The petition challenges Articles 2 (1) (c), 4, 10 and 12 of the Freedom of Religion Ordinance-2020. In the Freedom of Religion Ordinance, it has been made mandatory to give information to the Collector 60 days before the conversion. It is a violation of fundamental rights, alleged the Petitioner. The MP Religious Freedom Act 1968 p

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By Dr KK Aggarwal During the pandemic, India proved to the world that it has the best medical facility in comparison to most developed countries. India even reached out to supply Covid-19 medicines such as hydroxychloroquine and remdesivir, diagnostic kits and equipment such as masks, gloves and ventilators. Many of these supplies were given as gifts to partner nations. India also conducted virtual camps to train healthcare workers, especially on how to conduct tests. Even during this stressful time, India managed to work day and night to develop a vaccine for Covid-19. On January 16, it began its vaccination drive and close to six lakh frontline and healthcare workers were vaccinated. India is one of the world’s biggest drug-makers and an increasing number of countries approached it for procuring the vaccines Covaxin by Bharat Biotech and developed in collaboration with ICMR and the National Institute of Virology, and Covishield made by the University of Oxford with Astra­Zeneca and

The Allahabad High Court on Friday while granting relief to actors Farhan Akhtar and Ritesh Sidhwani, producers of the Mirzapur web series of Amazon Prime Video, has stopped the coercive action against them under the FIR lodged in Mirzapur Kotwali village and issued a notice on the Petition from the State Government and the reply is sought in three weeks. The division bench of Justices Manoj Kumar Gupta and Subhash Chand passed this order while hearing a Criminal Misc Writ Petition filed by Ritesh Sidhwani And Another. In this case FIR was lodged under Sections 295-A, 504, 505, 34 IPC and 67-A of Information Technology Act, Police Station Kotwali Dehat, District Mirzapur. The Court directed that the Petition be presented in the first week of March, saying that till the date of next hearing or the filing of the Police report, which is early, the coercive proceedings against the Petitioners will be stayed. The Court directed the Petitioners to cooperate in deliberations. In the FIR l

By Adarsh Patel The Allahabad High Court recently imposed a fine of Rs 3 lakh on a petitioner for filing four writ petitions on the same issue over a period of two years, seeking the same relief. A single bench of Justice Rajiv Joshi passed this order while hearing a petition by one Noor Hasan. The petitioner had earlier filed the petition challenging an order of February 20, 2019, which was dismissed on April 4, 2019. The counsel for the petitioner submitted that his reply was not considered by the district magistrate and he was facing personal difficulties. Besides, he said, the order suffered from non-application of mind. The petitioner then approached the Court again, and this was again dismissed as a withdrawn order on December 12, 2019. There-after, Hasan again moved the Court for the same relief. It was again dismissed on February 14, 2020, as withdrawn without any liberty to file a fresh petition. Subsequently, a writ petition was filed, challenging the impugned order of Feb

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Senior Advocate Mukul Rohatgi on Friday said criticism of the court does not amount to contempt. Appearing for cartoon artist Rachita Taneja for her tweets against the judiciary, Rohatgi said the court’s majesty cannot fall due to mere criticism, and that the foundation of the court is much stronger. The three-judge bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah heard the plea seeking initiation of contempt of court proceedings against Taneja at the request of a law student. While hearing the plea, Attorney General K.K. Venugopal granted consent for such proceedings because the stated tweets portrayed the Supreme Court was biased in favour of the BJP. The court had issued show-cause notice to the cartoonist with a direction to file a reply within 6 weeks. The court also said no reply has been filed on behalf of Taneja. Justice Shah asked Rohatgi whether he is ready to file a reply. To this, the Senior Advocate said he will file a reply in 3 weeks. Rohatgi then reque

The Supreme Court on Friday granted six more months to the judicial panel led by Justice (retired) V.S. Sirpurkar for investigation of the alleged fake encounter of the four men accused of raping and murdering a 26-year-old veterinarian in Hyderabad. The bench of Chief Justice S.A. Bobde, Justices A.S. Bopanna and V. Ramasubramanian heard the petition seeking an independent investigation into the alleged fake encounter in November 2019. Earlier, the court had granted six months more time to the panel headed by former Supreme Court judge Justice Sirpurkar-led committee to complete the probe. An application was made by the committee seeking more time to complete the investigation which got delayed due to Covid-19 pandemic. The bench had earlier asked the committee to complete the investigation by September 3, 2020. On December 12, the bench headed by Chief Justice Bobde had set up the panel on a petition filed by two advocates, G.S. Mani and Pradeep Kumar Yadav, to investigate the ca

Stand-up comedian Kunal Kamra filed an affidavit in the Supreme Court before the hearing on a contempt case against him stating if powerful people and institutions continue to show an inability to tolerate rebuke or criticism, we would be reduced to a country of incarcerated artists and flourishing lapdogs. Kamra also refused to tender an apology for his tweet against the top court for which a contempt notice was issued against him. In his affidavit filed through advocate Pritha Srikumar Iyer, Kamra said, “Public’s faith in judiciary is founded on its own actions, not on criticism about it.” In his reply Kamra has stated that “Irreverence and hyperbole are essential tools for the comedic enterprise” and he did not believe that “any high authority, including Judges, would find themselves unable to discharge their duties only on account of being the subject of satire or joke. “Humor attempts to blunt the grimes of the situation and offers a measure of comfort to the afflicted, ” the af

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The Lucknow Bench of the Allahabad High Court has asked the Sitapur District administration under what circumstances was it demanding a large amount in the private bond sought from the farmers. The division bench of Justice Ramesh Sinha and Justice Rajiv Singh passed this order while hearing a PIL filed by Arundhati Dhuru. Sitapur administration had asked the farmers for private bonds ranging from Rs 50,000 to Rs 10 lakh to prevent a situation like the farmers’ agitation in Delhi. After the PIL filed for this strange action, the High Court asked government officials why such a large amount was demanded from the farmers.  The Court directed the Additional Advocate General Vinod Kumar Shahi to get information about the entire case from the Sitapur DM. In fact, the Sitapur administration, in the wake of the farmers movement, demanded to fill private bonds ranging from Rs 50,000 to Rs 10 lakh from 10 farmers due to the fear of violating the law. The petitioner, Arundhati Dhuru, said on

By Shaheen Parween From January 25, the Delhi High Court started a hybrid system of hearings where both physical and virtual hearings will take place simultaneously. This will enable a lawyer to choose if he wants to appear in person or virtually. According to a circular by the High Court , a lawyer can make a request for virtual hearing in advance to a judge sitting in the Court. Justice Prathiba M Singh was the first judge to introduce this system. The High Court had earlier issued a notification on January 14, according to which the number of benches holding physical hearings was increased from three to 11. It further made it mandatory for a lawyer to appear physically without having a choice to appear virtually. This was challenged before the Supreme Court by four lawyers Kartik Nayar, Nancy Roy, Sanchit Jolly and Amit Bhagat. They said the notification was in complete and utter violation of personal as well as fundamental rights of lawyers and other legal persons appearing b