Thorat & Associate's

The Madhya Pradesh High Court on Saturday set aside the order of Chief Executive Officer, Gandhi Medical College, Bhopal, rejecting the claim of the petitioner for grant of compassionate appointment to a married woman. The petitioner, Shikha Sharma, is challenging the order dated February 25, 2020 passed by the respondent (Chief Executive Officer, Gandhi Medical College, Bhopal) authority rejecting the claim of the petitioner for grant of compassionate appointment, mainly on the ground that in view of Clauses 2.4 and 4.6 of the Policy dated 29.09.2014 framed by the State Government, she is not entitled to get compassionate appointment. Clause 2.4 debars a married woman to get compassionate appointment in the event of the death of her father. Clause 4.6 further provides that whatever conditions mentioned in Clauses 2.1 to 2.7 of the Policy, other persons would not be entitled to get the compassionate appointment. It clearly indicates that the appointment of the petitioner was rejected

Kangana Ranaut has approached the Karnataka High Court seeking to quash a FIR registered against her for her tweet on farmers opposing the farm laws. On October 9, 2020 a Judicial Magistrate at Tumkur directed the jurisdictional Police Station (Kyathasandra) to register FIR against her. The Petition was filed by Advocate Ramesh Naik L., under Section 156(3) of the Code of Criminal Procedure alleging that Ranaut has posted a message from her Twitter account ‘@Kangana Team’ on September 21, 2020. The Petition stated that the above content posted by the accused in her twitter account has a clear intention to injure the people who are opposing the Farmers Bills, wantonly giving provocation with intent to cause riots and promote the culture of non-violence in the young minds of society. The Petition further stated that the tweet may lead to a collision between different groups. The Petition also alleged that neither the Police official nor the government had initiated any action to cur

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A PIL has been filed in the Chhattisgarh High Court over the meagre allowance being paid to people who come to testify in court. The PIL has been filed by retired District Judge Surendra Tiwari through advocate Manay Nath Thakur. According to the PIL, in any criminal case, there is a provision to give allowance to the witness by the government. Government officials like doctors, policemen are also included along with the private witnesses. The petition alleged that the allowance given by the government is very low. At present, an allowance of only Rs 100 is being given to the witness, because of this witnesses are not interested in giving testimony in court. It was further alleged that a witness, who lives on daily wages has to bear a loss of income, since the witness has to pay rent, coming from far-flung village leaving their daily work, for deposing as a witness. In the petition, it was also pointed out that most of the witnesses do not even know that there is a provision of givi

A petition has been filed in the Chhattisgarh High Court against the opening of the school by the state government without proper vaccination of students. The petition has been filed by Palak Sangh state president Nazrul Khan through advocate T.K. Jha. The petitioner challenged the order of the Chhattisgarh Government to open the school for a month. He alleged that this decision has been taken to collect fees by intimidating parents. After studying online for 11 months, now it is the nexus of education ministers and education mafia of the state to open the school for just one month. The state government issued an order to open schools for students from 9th to 12th standard without getting students vaccinated. It is completely wrong to force children to come to school by opening schools during an pandemic, alleged the petitioner. In the petition, it was stated that the way the online education was imparted to the students was of such a low and poor level that if the offline examinat

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The National Green Tribunal has directed the Monitoring Committee set up by the Ministry of Environment, Forests and Climate Change (MoEF&CC) to look into the death of an elephant by electrocution and to protect the lives of 40 elephants in Madhya Pradesh’s Bandhavgarh. A bench comprising Justices Adarsh Kumar Goel, Sheo Kumar Singh and Expert Member Nagin Nanda passed the order on a plea seeking to fix accountability for the death of an elephant by electrocution and to protect the lives of 40 elephants in Bandhavgarh, MP. “…we direct Central Monitoring Committee constituted by the MoEF&CC and the Chief Wildlife Warden, MP to look into the grievance in the present application and take remedial action in accordance with the law,” the order said. The plea filed by P.G. Najpande stated that on 28.11.2020 one elephant lost its life by electrocution in the forest area of Bargi, village Mohas, District Jabalpur on account of a high voltage trap with high voltage overloaded power

The Allahabad High Court recently granted bail to one Alok Shukla of Jaunpur, who is accused of dowry murder and harassment.  A single-judge bench of Justice Dinesh Pathak passed the order while hearing a criminal appeal filed by Shukla. The bail application has been filed on behalf of the appellant convicted and sentenced order dated January 29, 2019, passed in Sessions arising out of Case under Section 498-A, 304-B IPC and Section 3/4 D.P.Act, Police Station-Line Bazar, Jaunpur, District-Jaunpur. It is submitted that the uncle of the victim lodged the FIR showing death of his niece as a dowry death alleging therein that she was throughout subjected to harassment and cruelty for the demand of dowry. It is further submitted that FIR was lodged at a very belated stage whereas the informant (victim’s uncle) was himself present at the time of inquest. The Court has itself made an observation that the mental condition of the deceased was not good and she hanged herself to death and des

Attorney General of India K.K. Venugopal has refused to give go ahead for initiation of contempt proceeding against former Chief Justice of India Ranjan Gogoi for his recent comments against judiciary and the Supreme Court. The AG said the statements made by Gogoi were not scandalous and were meant at improvisation of judiciary. He said Gogoi’s remark do not lower the authority of the court in any manner. In an interview, the former CJI had criticized the slow justice system in India. He said people don’t prefer going to courts as verdict takes years to come. Gogoi made the statement in reply to a question as to whether he was contemplating action against TMC MP Mahua Moitra who accused him of deciding his own case after being accused of sexual harassment. “If you go to the court, you would be washing your dirty linen in the court. You will not get a verdict,” he said. He said Indian judicial system was ramshackled and only the likes of big corporates who can afford to take chances p

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The Jabalpur Bench of the Madhya Pradesh High Court on Thursday disposed a petition on the maintenance of canals with the direction that the Chief Engineer of the Water Resources Department should ensure proper action on the complaint within three months. A single-judge bench of Justice Sanjay Dwivedi heard the petition filed by Bhaiyalal Kol, Amit Patel and Raju Patel, residents of Reva, through Advocate Manas Mani Verma. The counsel for the petitioner argued that because of improper maintenance of canals, the villagers including the petitioners are suffering and not getting sufficient quantity of water. On the other hand, Manish Kholiya, the counsel for the State, submitted that this petition can be disposed of directing the authority to consider the pending representation of the petitioner made to the Chief Engineer. The court held that the maintenance of the canal was not taken seriously, because of this, the rain washed away the banks of the canal. This led to farmers being de

UK judge orders extradition of Nirav Modi A UK district court has cleared the extradition of fugitive diamond trader Nirav Modi, saying that he will not be denied justice if he is extradited to India. Extradition Judge Samuel Goozee said that the court is satisfied that there is evidence that Modi could be convicted. Modi is wanted in India for fraud and money laundering in the Rs 14,000-crore Punjab National Bank (PNB) scam. He has been charged with defrauding the back of over Rs 7,400 crore. The judge delivered the ruling at the Westminster Magistrates’ Court in London. Modi had appeared for the hearing via video conferencing. Modi was arrested on an extradition warrant in 2019. Crown Prosecution Service (CPS) barrister Helen Malcolm, representing the Indian government, sought to establish a case against him and also to establish that there are no human rights issues blocking his extradition. Modi’s defence team, led by barrister Clare Montgomery, has maintained that the whole issu

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By Dr KK Aggarwal During the pandemic, India proved to the whole world that it has the best medical facilities as compared to most developed countries. As far as communicable disease management is concerned, India is right on top. It even reached out to the whole world in supplying Covid-19 medicines such as hydroxychloroquine. Not only medicines, India even supplied diagnostic kits and medical equipment, ranging from masks, gloves and ventilators, to other countries. Many were given as gifts to partner nations. India has also conducted virtual camps in training healthcare workers, especially on how to conduct the tests. It has worked day and night to develop a vaccine to eradicate this pandemic. On January 16, India began with its vaccination drive and close to six lakh frontline and healthcare workers were vaccinated. It has received the nod for two vaccines for emergency use authorisation. As it is one of the world’s biggest drug and vaccine makers, an increasing number of countr

The Central government has informed the Delhi High Court that it’s the duty of the channel owners to ensure that their telecast doesn’t violate Programme Code and a Fact Checking Unit has been set up to combat fake news. “…it is the responsibility of the channel’s owner to ensure that a programme telecast on private TV channel does not violate the Programme Code prescribed under Rule 6 of the Cable Television Networks Rules, 1994, however, it clarified that fact unit has been set up to take cognisance of fake news,” the Centre said in an affidavit. “A Fact Check Unit (FCU) has been set in Press Information Bureau under the Ministry which takes cognisance of fake news and misinformation reporter on social media both on suo motu and by way of queries or through email or Whatsapp,” it added. The high court was also informed that the ministry has also directed the states to set up State Level and District Level Monitoring Committee (DLMC) to regulate telecast. FCU has recieved 49, 625

Elections to the Supreme Court Bar Association will be held on Saturday (February 27) to elect the association’s office-bearers for 2020-2021. The elections like much else in the pale of the coronavirus outbreak, will be held online from 7 am to 7 pm and votes will be cast on the  NSDL platform . The contest for the post of President will see six candidates in the fray: Senior Advocates Vikas Singh, Priya Hingorani, Kailash Vasdev, Adish Chandra Agarawala, and Advocates Ashok Arora and Ajay Mandyal. For the post of Vice President, Senior Advocates Pradeep Kumar Rai, S.B. Upadhyay, R. Balasubramanian, Advocates D.D. Sharma and Shyam Sunder Gupta have filed their nominations. Here’s an explainer video on how to vote online: For the post of Honorary Secretary, 5 candidates are in the fray: Surendra Singh Nehra (S.S. Nehra), Ardhendumauli Kumar Prasad, Harpreet Singh Sandhu, Amit Anand Tiwari  and Vikrant Yadav. For the post of Joint Secretary, 8 candidates are in the running: Afshan

A Delhi court on Friday, while directing the police to investigate the points raised by January 26 accused Deep Sidhu, said the Investigating Officer (IO) is duty-bound to conduct “fair and impartial investigation”. “IO is duty-bound to conduct a proper investigation in the matter in a fair and impartial manner. He is not supposed to collect the evidences only to prove the guilt of the accused, rather he has to bring a true picture before the Court,” said Chief Metropolitan Magistrate Gajendra Singh Nagar. The observation came in while the court was hearing an application filed by the Punjabi singer-actor to preserve the CCTV footage of the Red Fort, which is already with the probe agency, claiming the video will show that he was helping the police to pacify the crowd while violence broke out. While disposing of the petition, the court said, “Police officials are directed to investigate on the points as mentioned in the application made by the complainant to unearth the truth.” How

The Indore bench of Madhya Pradesh High Court on Friday granted ad-interim bail to Nalin Yadav and Sadakat Khan, who were arrested along with the stand-up comic Munawar Faruqui on January 2 for making derogatory remarks against Hindu deities as well as Home Minister Amit Shah during a show held at a cafe in Indore on the occasion of new year.  The duo was charged for offences under Sections 295A, 298, 269, 188 and 34 of the Indian Penal Code The order was pronounced by the single-bench of Justice Rohit Arya. Earlier, he had granted bail to co-accused Prakhar Vyas and Edwin Antony on February 12. Faruqui was the first one to get interim bail on February 5 by the Supreme Court The five were arrested on January 2 following complaint by son of a BJP legislator. It’s important to note single bench of Justice Rohit Arya had earlier denied bail to Faruqui following which he had moved to Supreme Court. The Supreme Court had termed the allegations made in FIR against Faruqui as vague. The co

The Jammu and Kashmir High Court on Thursday quashed a rape case, observing that “if a fully grown girl consents to an act of sexual intercourse on a promise of marriage and continues to indulge in such activities until she becomes pregnant, it is an act of promiscuity on her part and not an act induced by the misconception of facts.” A single-judge bench of Justice Sanjeev Kumar heard the petition filed under Section 482 of the Code of Criminal Procedure, seeking quashing of an FIR under Section 376 under the Indian Penal Code registered in Police Station Bari Brahamana. The case of the prosecution is that on 06.12.2020, the prosecutrix lodged a written complaint in the Police Station, Bari Brahmana, Samba alleging therein that she had been continuously exploited and raped by the petitioner for the last 7 years on the promise of marriage. Since the petitioner refused to marry the prosecutrix, she filed a complaint before the police. On the basis of this complaint, the police registe

By Dilip Bobb This was a classic case of truth to power. The visuals said it all. Priya Ramani, accused of defaming a man of “stellar reputation” as his lawyers put it, arriving for the final hearing accompanied only by her lawyer Rebecca John. The man of stellar reputation showed up surrounded by a posse of armed guards and a battery of lawyers 98 of them as the court records showed. The judgment delivered by Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey went beyond gender, and rightfully addressed the elephant in the courtroom the abuse of power. While acquitting Ramani, the judiciary sent out a timely and heartening message, a massive booster dose to India’s stop-and-go #Metoo movement.  It was also a clarion call for women to speak out regardless of the potential consequences. I knew both the accuser and the accused during the course of my own journalistic career. Priya was fun and fearless, a journalist with an abiding sense of impartiality and objectivity. She

The Indore bench of Madhya Pradesh High Court on Thursday allowed the appeal of the State Government against compassionate appointment of Mukesh Kumar. The appeal filed under section 2(1) of the MP Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 challenging the order dated 20.11.2019 passed in WP No.19338/2019, whereby the Single Judge by applying the policy applicable to the Work Charge Contingency Paid Employee directed consideration of the respondent Mukesh Kumar for compassionate appointment. Archana Kher, Counsel for the appellant/State, submitted that before the writ court, the State could not file its reply. However, as per the documents on record namely service book and office order dated 26.11.2016, the father of original petitioner was not a contingency paid employee. Indeed, he was initially a daily rated employee, who was given status of “Permanent Employee” as per circular dated 07.10.2016. By taking this to the circular dated 07.10.2016 it is argued that t

The Allahabad High Court has said in an order that the purpose of the law is not only to punish the offender but also to maintain social peace, harmony, belonging and prosperity. The order was given by Justice Manjoorani Chauhan, accepting the plea of ​​Pramod and others. In this case, an FIR was lodged by the respondent against the applicant, Pramod and two others, which was registered Case under Sections 498-A, 323, 504 of the Indian Penal Code as also under Sections 3/4 of the Dowry Prohibition Act, Police Thana, District Ghaziabad. After investigation, chargesheet was submitted against the applicant and two others co-accused namely Lalit and Rinku, under Sections 498-A, 323, 504, 506 I.P.C. and Sections 3/4 D.P. Act, on the basis of which, charges were framed under the aforesaid sections. On the basis of the statements of respondent, Additional Chief Judicial Magistrate, Ghaziabad vide order dated December 02, 2017 convicted the applicants under Sections 498-A and 323 IPC and S

By India Legal Bureau India’s largest telecom operator Reliance Jio recorded a fall of around 20 lakh wireless subscribers in Punjab and Haryana in December 2020 amid the farmers’ protest, as per data of the Telecom Regulatory Authority of India (TRAI). Meanwhile, state-run BSNL increased subscribers in both states during the same month. Jio was the only large telecom operator to lose subscribers in both Punjab and Haryana. Though it is not possible from this data to establish a correlation between the operator’s fall in subscribers and the backlash that the Mukesh Ambani owned Reliance has received during the farmers’ protest, Jio itself seems to believe that a “malicious and motivated campaign” is to blame. Since its commercial launch in September 2016, Jio, which is India’s largest telecom operator, had reported a fall in subscribers just once before in Punjab. That was in December 2019 when all major operators but BSNL reported a fall in the Punjab circle. In Punjab, Jio had 1.

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The Election Commission will announce the poll dates for upcoming elections in West Bengal, Assam, Tamil Nadu, Kerala and Puducherry on Friday. This is first major election to be held during the pandemic after Bihar polls. The elections are due in April-May for 294 seats in West Bengal, 234 seats in Tamil Nadu, 140 seats in Kerala, 126 seats in Assam and 30 seats in the Union Territory of Puducherry. Earlier this week, poll body’s senior officers visited Assam and Bengal to review preparedness ahead of announcement of dates. Following the visit, a meting was convened by the EC to finalise the dates. The meeting was headed by Chief Election Commissioner Sunil Arora during which deployment of CRPF and number of sensitive booths in each state was also discussed. In Bengal, TMC will be eyeing a third consecutive term at a time time of crisis for the party as many leaders have switched to BJP ahead of the polls. The BJP will looking to retain power in Assam where it formed government in

By Praful Bakshi  Recently, the Prime Minister’s Office (PMO) sought comments on the abolition of cantonments from all cantonment boards. This surprising development is likely to compromise the security of the nation and cannot be overlooked. If one studies the history of ancient India, one will realise that every city was secured and protected by the nation’s army, with the king as the commander-in-chief and the total administration more like the fortified cantonment of today. Many experts still think that a military cantonment is a western concept. In India, the British rulers emphasised segregation between the whites and the natives. Hence, the real military and strategic reason for creating cantonments was shrouded in political and social arguments.                 The French expression canton developed into cantonment and indicates a corner or district where winter quarters were established during a military campaign so that army formations could be encamped and trained. The st

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The Allahabad High Court on Tuesday has sought information from the chief standing counsel of the Uttar Pradesh government as to whether the technology-based system stated to be established in the State Law Office, Allahabad and Lucknow, has been completed and sufficient number of staff has been posted. A week’s time has been given to submit this information. The division bench of Justice S.P. Kesharwani and Justice R.N. Tilhari passed this order while hearing a petition filed by Kunwar Raj Singh and 2 others. The grievance of the petitioners is that they are owners of the disputed land but the District Magistrate presuming the land in question to be Gram Sabha land, has resumed it illegally and without authority of law, passed the impugned order dated November 7, 2019 and the consequential order dated November 14, 2019 has been passed by the Tehsildar, Iglas, Aligarh. The representation of the petitioners dated January 4, 2020 is not being considered at all by the respondents-autho

By Jana Kalyan Das Courts in democracies the world over, including India’s Supreme Court, have based their decisions on free speech and “protected speech” on the Brandenburg Test. This refers to the US Supreme Court’s verdict in Brandenburg vs Ohio (1969) which had laid down the famous “Brandenburg Test” on the rights guaranteed by the First Amendment and the 14th Amendment to the American Constitution. The First Amendment to the American Constitution states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” The 14th Amendment gave it a broader context. The recent cases in Indian courts dealing with freedom of speech or charges of sedition and inciting insurrection can be subjected to another test, to do with renowned jurist/justice Oliver Wendell Holmes Jr’s “C