Report Wire

Tag: Allahabad HC

  • Distribution of Bible not allurement for non secular conversion, says Allahabad High Court

    Express News Service

    LUCKNOW: The Lucknow bench of Allahabad High Court has stated that distributing copies of the Bible and different non secular books can’t be referred to as an allurement for non secular conversion, attracting offences beneath the UP Prohibition of Unlawful Conversion of Religion Act 2021 (UPPUCRA-2021).

    While granting bail to 2 accused individuals who have been booked for alluring individuals of Scheduled Caste and Scheduled Tribe Community for conversion to Christianity, the bench of Justice Shamim Ahmad stated that an unaffected particular person couldn’t lodge an FIR for offences beneath this UPPUCRA-2021.

    The bench additionally handed the order permitting an enchantment filed in opposition to rejection of bail pleas of the 2 accused individuals named Jose Papachen and Sheeja. The appellants have been despatched to jail in pursuance to an FIR lodged by a BJP office-bearer with Jalalpur police station in Ambedkar Nagar district on January 24, 2023. The complainant had alleged that the 2 accused individuals have been alluring members of the SC/ST group for getting transformed to Christianity.

    In his order, Justice Ahmad noticed, “Providing teaching, distributing Holy Bible books, encouraging children for getting education, organizing assembly of villagers and performing Bhandara, instructing the villagers not to enter into altercation and not to take liquor do not amount to allurement under the 2021 Act.”

    The bench additional stated that the UPPUCRA-2021 offered that solely an aggrieved particular person or his household might lodge the FIR within the matter of conversion however within the current case, the FIR was lodged by a BJP workplace bearer.

    It was argued on behalf of the appellants that they have been harmless and have been implicated as a consequence of political rivalry. It was additionally stated that serving to folks was not an allurement and actually it was a failure on the a part of the state to offer fundamental facilities to folks in want.

    LUCKNOW: The Lucknow bench of Allahabad High Court has stated that distributing copies of the Bible and different non secular books can’t be referred to as an allurement for non secular conversion, attracting offences beneath the UP Prohibition of Unlawful Conversion of Religion Act 2021 (UPPUCRA-2021).

    While granting bail to 2 accused individuals who have been booked for alluring individuals of Scheduled Caste and Scheduled Tribe Community for conversion to Christianity, the bench of Justice Shamim Ahmad stated that an unaffected particular person couldn’t lodge an FIR for offences beneath this UPPUCRA-2021.

    The bench additionally handed the order permitting an enchantment filed in opposition to rejection of bail pleas of the 2 accused individuals named Jose Papachen and Sheeja. The appellants have been despatched to jail in pursuance to an FIR lodged by a BJP office-bearer with Jalalpur police station in Ambedkar Nagar district on January 24, 2023. The complainant had alleged that the 2 accused individuals have been alluring members of the SC/ST group for getting transformed to Christianity.googletag.cmd.push(operate() googletag.show(‘div-gpt-ad-8052921-2’); );

    In his order, Justice Ahmad noticed, “Providing teaching, distributing Holy Bible books, encouraging children for getting education, organizing assembly of villagers and performing Bhandara, instructing the villagers not to enter into altercation and not to take liquor do not amount to allurement under the 2021 Act.”

    The bench additional stated that the UPPUCRA-2021 offered that solely an aggrieved particular person or his household might lodge the FIR within the matter of conversion however within the current case, the FIR was lodged by a BJP workplace bearer.

    It was argued on behalf of the appellants that they have been harmless and have been implicated as a consequence of political rivalry. It was additionally stated that serving to folks was not an allurement and actually it was a failure on the a part of the state to offer fundamental facilities to folks in want.

  • Divorced Muslim lady entitled to alimony until remarriage: Allahabad HC

    Express News Service

    LUCKNOW: In a landmark choice, the Allahabad High Court on Wednesday dominated {that a} divorced Muslim lady is entitled to get upkeep from her former husband for the rest of her life except she remarries.

    The court docket cited Section 3 of the Muslim Women (Protection of Rights on Divorce) Act,  1986 and mentioned that the fee of upkeep isn’t restricted solely to the Iddat interval, which lasts three months and 13 days from the date of divorce.

    The court docket was ruling on the primary attraction filed by Zahida Khatoon, in opposition to a Ghazipur household court docket ruling, which declared that she is entitled to upkeep from her former husband just for Iddat. Setting apart the household court docket order, a division bench of the Allahabad High Court comprising justices Surya Prakash Kesarwani and Mohd Azhar Husain Idrisi, mentioned, “from the facts and legal position, we have no hesitation to hold that the principal judge, family court, Ghazipur, has committed a manifest error of law to hold that the appellant is entitled for maintenance only for the period of iddat.”

    The bench noticed that the household court docket has “misread and misunderstood” the judgment of the Supreme Court within the 2001 case of Danial Latifi Vs Union of India, which mentioned a Muslim man is liable to make an affordable and honest provision for the way forward for the lady he has divorced, which incorporates her upkeep as effectively. The bench mentioned, “a reasonable and fair provision, which extends beyond the Iddat period must be made by the man within the Iddat.”

    LUCKNOW: In a landmark choice, the Allahabad High Court on Wednesday dominated {that a} divorced Muslim lady is entitled to get upkeep from her former husband for the rest of her life except she remarries.

    The court docket cited Section 3 of the Muslim Women (Protection of Rights on Divorce) Act,  1986 and mentioned that the fee of upkeep isn’t restricted solely to the Iddat interval, which lasts three months and 13 days from the date of divorce.

    The court docket was ruling on the primary attraction filed by Zahida Khatoon, in opposition to a Ghazipur household court docket ruling, which declared that she is entitled to upkeep from her former husband just for Iddat. Setting apart the household court docket order, a division bench of the Allahabad High Court comprising justices Surya Prakash Kesarwani and Mohd Azhar Husain Idrisi, mentioned, “from the facts and legal position, we have no hesitation to hold that the principal judge, family court, Ghazipur, has committed a manifest error of law to hold that the appellant is entitled for maintenance only for the period of iddat.”

    The bench noticed that the household court docket has “misread and misunderstood” the judgment of the Supreme Court within the 2001 case of Danial Latifi Vs Union of India, which mentioned a Muslim man is liable to make an affordable and honest provision for the way forward for the lady he has divorced, which incorporates her upkeep as effectively. The bench mentioned, “a reasonable and fair provision, which extends beyond the Iddat period must be made by the man within the Iddat.”

  • Allahabad High Court grants anticipatory bail to man accused of raping daughter-in-law

    By PTI

    ALLAHABAD: The High Court right here granted an anticipatory bail to a person accused of raping his daughter-in-law, saying it’s “quite unnatural” within the Indian tradition {that a} father-in-law commits such a criminal offense together with one other individual.

    The court docket of Justice Ajit Singh handed the order on May 18 whereas listening to a plea filed by one Babu Khan.

    “It is quite unnatural that a father-in-law shall commit rape of his daughter-in-law along with other person in our Indian culture,” noticed the Allahabad High Court whereas granting the anticipatory bail.

    “In the event of the arrest of the applicant, he shall be released on anticipatory bail on his fulfilling certain conditions,” the court docket added.

    A primary data report (FIR) was lodged by the person’s daughter-in-law in a Saharanpur police station.

    It was alleged that on March 1, 2018 about 6 pm, the applicant together with co-accused got here to the home of the sufferer’s brother when she was alone and requested the whereabouts of her brother.

    When the girl stated that her brother isn’t at house, then Babu Khan began abusing her.

    It was additional talked about within the FIR that the girl tried to cease him however she was raped by them.

  • Azam Khan strikes SC, says his ‘University is being demolished as bail situation’ 

    By PTI

    NEW DELHI: Samajwadi Party MLA Azam Khan Monday moved the Supreme Court difficult a bail situation imposed by the Allahabad High Court which he claimed is for demolishing of buildings of his Jauhar University allegedly constructed by grabbing of enemy property.

    A bench of Justices DY Chandrachud and Bela M Trivedi was instructed by advocate Nizam Pasha that the High Court has ordered the “demolition” of the University as a situation for interim bail and now the district administration seeks to execute the order.

    “Please list this plea for urgent hearing”, Pasha urged the courtroom.

    The bench mentioned how can a University be demolished as a bail situation and requested Pasha to say the matter earlier than mentioning the registrar.

    On May 10, the High Court whereas granting him interim bail had directed the Rampur district Justice of the Peace to take possession of the enemy property connected to the campus of Jauhar University by June 30, 2022, and lift a boundary wall with barbed wire round it.

    It had mentioned that on completion of the talked about train of taking the possession of the land to the satisfaction of the DM, Rampur, the interim bail of Azam Khan shall be transformed into common bail.

    At the outset, Pasha mentioned that standing of the land on which the University is constructed is the subject material of a writ petition within the High Court between the Waqf Board and the custodian of the land wherein a keep has been ordered.

    He mentioned that regardless of this the only decide of the High Court has put handover of the land to the custodian as a situation of the bail.

    Pasha identified that now the district administration has recognized that land as a parcel of land underlying between two buildings of the University and has issued discover to vacate the buildings in order that they are often demolished in an effort to adjust to the bail order.

    The bench requested Pasha to say it earlier than the registrar for pressing itemizing.

    On May 19, the highest courtroom whereas exercising its powers underneath Article 142 of the Constitution granted Khan (73) interim bail in an alleged dishonest case paving method for his launch from jail.

    On May 10, the Allahabad High Court had granted him interim bail in a case associated to the alleged grabbing of enemy property for his Jauhar University mission on the situation that he has to return your entire enemy property to paramilitary forces and has to furnish a private bond of Rs 1 lakh and two sureties of like quantity.

    Khan who’s a Member of the Legislative Assembly from Rampur Sadar constituency was lodged within the Sitapur jail of the State for greater than two years.

    An FIR was lodged at Azem Nagar police station in Rampur towards Khan and others in 2019 for alleged grabbing of enemy property and misappropriation of public cash of greater than a whole bunch of crores of rupees.

    It was alleged within the FIR that in partition one Imamuddin Qureshi went to Pakistan and his land was recorded as enemy property, however Khan in collusion with others grabbed the 13.842-hectare plot.

    On May 6, the highest courtroom mentioned it’s a “travesty of justice” that the High Court has not delivered its verdict on the bail plea regardless of reserving the order final December within the grabbing of enemy property case.

    The prime courtroom had famous that Khan has been granted bail in 86 out of 87 circumstances lodged towards him and noticed that it’s maintaining the plea of Khan pending until the High Court delivered its order on his bail.

    The excessive courtroom on December 4, 2021, had reserved its determination.

    However, the state authorities later submitted an utility and sought permission to current some new info by way of recent affidavits, which had been filed on May 5.

    The High Court had then on May 10 delivered its verdict within the case.

  • Bar affiliation calls for filling up of all vacant publish of judges in Allahabad HC

    By PTI

    ALLAHABAD: Expressing concern over the rising pendency of circumstances in addition to issues referring to their itemizing, the Allahabad High Court Bar Association (HCBA) on Saturday demanded filling up of all of the vacant posts of Allahabad High Court judges.

    Addressing the media, HCBA president Radha Kant Ojha urged the Chief Justice of Allahabad High Court to make sure enchancment in your complete system of itemizing of circumstances, as he claimed that at current, recent circumstances are being listed earlier than the courtroom after 10 to 60 days after their submitting within the registry.

    Hence, on this backdrop, he demanded the Chief Justice to make sure that all of the recent circumstances to be listed earlier than the courtroom after 48 hours and it should even be ensured that data on this regard is conveyed to the attorneys by the registry via SMS.

    Ojha stated solely 93 judges are working in Allahabad High Court as towards the sanctioned power of 160.

    A complete of 67 posts of judges are nonetheless mendacity vacant, the HCBA president stated.

    He lamented that many occasions the data shouldn’t be conveyed via SMS in absence of trigger checklist, leading to dismissal of circumstances by the courts resulting from non-appearance of counsels.

    He additional urged the Chief Justice to make sure that all of the courts begin working at 10 am and proceed until 4 pm.

  • Allahabad High Court denies permission to be used of loudspeaker at mosque for azaan

    By PTI

    ALLAHABAD: The Allahabad High Court has dismissed a petition searching for permission for using loudspeakers at a mosque for azaan.

    The regulation has now been settled that using loudspeaker in mosque just isn’t a basic proper, a bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar noticed within the order on Wednesday.

    The order got here on a petition filed by one Irfan of Badaun district.

    Petitioner Irfan moved the excessive courtroom after a subdivisional Justice of the Peace had in December final 12 months rejected his software searching for permission for taking part in loudspeaker/mike in a village mosque on the time of azaan.

    The counsel for the petitioner submitted that the impugned order of the SDM was wholly unlawful and violates the basic and authorized rights of the petitioner to run loudspeaker from the mosque.

    After listening to the arguments, the courtroom stated, “The law has now been settled that use of loudspeaker from mosque is not a fundamental right. Even otherwise a cogent reason has been assigned in the impugned order. Accordingly, we find that the present petition is patently misconceived, hence the same is dismissed.”

  • Allahabad High Court provides bail to three males held two years in the past for setting afire rape sufferer

    By PTI

    LUCKNOW: The Allahabad High Court has granted bail to 3 individuals arrested for allegedly setting afire a rape sufferer in Unnao, doubting her dying declaration.

    Justice Dinesh Kumar Singh of the Lucknow bench of the excessive courtroom gave the aid, additionally saying that merely as a result of the case involving the lady’s killing had acquired enormous media consideration, an accused can’t be allowed to undergo indefinitely until confirmed responsible.

    The choose additionally stated overlook in regards to the query of the start of the trial, the police haven’t even filed the cost sheet within the case it relationship again to December 2019, leaving the accused to languish in jail all of the whereas.

    Justice Singh handed the order on bail pleas of the three accused, Umesh Kumar Bajpai, Ram Kishor Trivedi and Hari Shanker Trivedi alias Chunnu, all Unnao residents, within the case which was lodged on the district’s Bihar police station.

    According to the FIR, she was allegedly raped by two individuals, Shivam and Shubham, who had been dealing with trial within the rape case in a Rai Bareli courtroom.

    In the FIR, she stated she was set afire by Shivan and Subham and their three different family members — Umesh, Ram Kishor and Hari Shanker — whereas she was on her approach home to the railway station to catch a prepare to Rai Barely to attend the trial of the case on December 5, 2019.

    The girl had died later within the hospital.

    In his order granting bail to the three accused, Justice Singh stated, “It is true that the stated incident acquired enormous media consideration and the complainant and his household acquired greater than ample monetary support from the federal government.

    “If an accused has committed an offence, he must be punished adequately under the provisions of the law but merely because a case has received publicity and media attention, a person should not be made to suffer unless he is guilty of committing the crime,” he added.

    During the listening to on the bail pleas, Justice Singh discovered that even a cost sheet was not filed within the case of burning the lady, overlook in regards to the begin of its trial.

    The bench additionally seen a number of lacunae within the girl’s assertion given earlier than her dying.

    The prepare to Rai Bareli that the lady stated she was going to catch on the railway station stood cancelled since December 3, Justice Singh identified.

    Moreover, the sufferer had stated she was assaulted by a ‘danda’ and knife on her head and neck however throughout the postmortem, no such accidents have been discovered by the physician.

    Considering the matter intimately, the bench noticed that it was a match case for bail.

    The girl had later died of the accidents acquired within the incident.

    In the course of listening to, the bench discovered that even a cost sheet was not filed in that case, to not discuss of beginning trial thereof.

    Similarly, the prepare was cancelled from December 3, 2019 and even on that day the prepare had remained cancelled.

    Moreover, the sufferer had stated that she was additionally assaulted by a ‘danda’ and knife on her head and neck however within the put up -mortem , no harm was discovered by the physician.

    The bench additionally went by way of the whatsapp messages along with her lawyer Mahendra Singh Rathore which proved that she had bodily contact with a number of individuals.

    Considering the matter intimately, the bench noticed that it was a match case for bail.

  • Allahabad HC dismisses PIL on UP CM’s ‘actual title’, slaps Rs 1 lakh penalty on petitioner

    Express News Service

    LUCKNOW: Junking a Public Interest Litigation (PIL) in search of a directive from the  courtroom to UP CM Yogi Adityanath to take the oath of workplace of the CM once more in his actual title, the Allahabad High Court on Monday imposed a value of Rs 1 lakh on the petitioner.

    Petitioner Namaha of Delhi had claimed within the PIL that the UP CM was utilizing completely different names like ‘Adityanath’, ‘Yogi Adityanath’ and so forth.

    The petitioner claimed in his petition that the UP CM had been taking oath of workplace in numerous names. After profitable in 2004, 2009 and 2014 Lok Sabha elections, he took oath of Lok Sabha as Adityanath and after that he has been including Yogi after Adityanath whereas taking the oath of workplace and secrecy, mentioned the PIL.

    The petition additionally submitted that the UP CM was utilizing ‘Yogi’ along with his title Adityanath in the identical means as docs and engineers put the title forward of their title.

    ALSO READ: Jhansi units an instance of concord as loudspeakers from largest temple, mosque eliminated

    “So the UP CM should be barred from using ‘Yogi’ in his name,” mentioned the petitioner. However, listening to the PIL, the division bench comprising Chief Justice Rajesh Bindal and Justice Piyush Agrawal dismissed the petition calling it a waste of the courtroom’s time and slapped a penalty of Rs 1 lakh on the petitioner which the courtroom directed to be submitted inside six months.

    The courtroom additional mentioned that the quantity of penalty could be donated to Divyang Kendra (Centre for in another way abled).

    The petitioner had claimed that varied names of CM Yogi Adityanath had been being utilized in varied boards, together with digital, inflicting confusion among the many public at giant. Therefore, the state authorities have to be directed to make use of just one title of
    the CM on digital in addition to non-digital boards.

    Additional advocate normal (AAG) Manish Goel, showing for the state authorities, opposed the plea and argued that the petition was not maintainable because the CM had been made occasion within the particular person capability within the petition and a PIL may
    not be filed in opposition to a person. In addition to it, the petitioner had not disclosed his credentials as per the High Court guidelines.

    Further, the AAG submitted that the petitioner apparently had not filed the petition for the advantage of the general public at giant however solely to realize publicity. However, the petitioner’s counsel argued that the petitioner had not filed the petition with any ulterior motive and the identical was filed for the advantage of the general public at giant.

  • Delayed justice turns meaningless: Allahabad High Court Chief Justice Rajesh Bindal

    By PTI

    MATHURA: Chief Justice Rajesh Bindal of the Allahabad High Court right here on Saturday sought to drive house the illness of delayed justice, recalling an incident through which a person refused to take the compensation 25 years after the loss of life of his son in a street accident and requested the courtroom to maintain the cash.

    Justice Bindal narrated the incident whereas inaugurating the holding of Lok Adalat right here and stated, “Delayed relief often turns meaningless.”

    Recalling the case involving a person combating a case for compensation from a Motor Accident Claims Tribunal, Justice Bindal stated after the person was finally awarded the compensation, he requested the courtroom to maintain the cash with itself.

    “Judge sahib, please keep this money with yourself now. I disparately needed it to raise my grandsons and educate them after their father, my son, died, in a road accident 25 years ago. I don’t need the money now because all of them are settled now,” Justice Bindal recalled the person as telling the courtroom.

    The excessive courtroom’s chief justice narrated the incident in presence of Justice Rajeev Joshi of the excessive courtroom, the executive decide for the Mathura subordinate judiciary, and District Judge Rajeev Bharti.

    Justice narrated the incident whereas urging the Lok Adalat to settle most numbers of disputes, saying the Lok Adalat does what Lord Shri Krishna did to forestall Mahabharata and Lord Hanuman and Angad did to forestall the battle of Ramayana.

    Chief Justice Bindal additionally suggested banks and LIC to undertake a constructive perspective in order that most circumstances are settled.

    As in opposition to 1,87,515 circumstances, associated to district collectorate and tehsils, 1,27,567 circumstances have been settled on Saturday by the Lok Adalat, secretary Sonika Verma of Mathura’s District Legal Service Authority stated.

  • Allahabad High Court grants bail to Azam Khan in case associated to misuse of official letterhead

    By PTI

    LUCKNOW: The Lucknow bench of the Allahabad High Court on Tuesday granted bail to Samajwadi Party chief and former Uttar Pradesh minister Azam Khan in reference to a case of misusing official letterhead and seal.

    His plea for bail was allowed by Justice Ramesh Sinha.

    Khan, nonetheless, continues to be in jail in different instances.

    It was argued on behalf of Khan that he has been in jail for fairly a very long time and that the offences of this case are triable by the Justice of the Peace.

    The FIR was registered at Hazratganj police station (in Lucknow) on February 1, 2019.

    The informant Allama Jamir Naqvi had alleged within the FIR that Khan had misused the official letterhead and seal in an effort to malign the picture of BJP, RSS and cleric Kalbe Jawwad at nationwide and worldwide stage.

    The informant had additionally mentioned that underneath stress of the then authorities, his FIR was registered with delay.

    The High Court granted bail contemplating the petty nature of the case.