The World Opinion

Tag: allahabad hc

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

    By means of PTI

    NEW DELHI: Samajwadi Birthday party MLA Azam Khan Monday moved the Splendid Courtroom difficult a bail situation imposed by way of the Allahabad Top Courtroom which he claimed is for demolishing of constructions of his Jauhar College allegedly constructed by way of grabbing of enemy belongings.

    A bench of Justices DY Chandrachud and Bela M Trivedi was once instructed by way of suggest Nizam Pasha that the Top Courtroom has ordered the “demolition” of the College as a situation for period in-between bail and now the district management seeks to execute the order.

    “Please checklist this plea for pressing listening to”, Pasha recommended the courtroom.

    The bench mentioned how can a College be demolished as a bail situation and requested Pasha to say the topic sooner than citing the registrar.

    On Would possibly 10, the Top Courtroom whilst granting him period in-between bail had directed the Rampur district Justice of the Peace to take ownership of the enemy belongings connected to the campus of Jauhar College by way of June 30, 2022, and lift a boundary wall with barbed cord round it.

    It had mentioned that on of completion of the discussed workout of taking the ownership of the land to the pleasure of the DM, Rampur, the period in-between bail of Azam Khan will be transformed into common bail.

    On the outset, Pasha mentioned that standing of the land on which the College is constructed is the subject material of a writ petition within the Top Courtroom between the Waqf Board and the custodian of the land during which a keep has been ordered.

    He mentioned that in spite of this the only pass judgement on of the Top Courtroom has put handover of the land to the custodian as a situation of the bail.

    Pasha identified that now the district management has known that land as a parcel of land underlying between two constructions of the College and has issued understand to vacate the constructions in order that they are able to be demolished as a way to agree to the bail order.

    The bench requested Pasha to say it sooner than the registrar for pressing record.

    On Would possibly 19, the highest courtroom whilst exercising its powers beneath Article 142 of the Charter granted Khan (73) period in-between bail in an alleged dishonest case paving method for his liberate from jail.

    On Would possibly 10, the Allahabad Top Courtroom had granted him period in-between bail in a case associated with the alleged grabbing of enemy belongings for his Jauhar College venture at the situation that he has to go back all of the enemy belongings to paramilitary forces and has to furnish a non-public bond of Rs 1 lakh and two sureties of like quantity.

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

    An FIR was once lodged at Azem Nagar police station in Rampur in opposition to Khan and others in 2019 for alleged grabbing of enemy belongings and misappropriation of public cash of greater than loads of crores of rupees.

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

    On Would possibly 6, the highest courtroom mentioned this can be a “travesty of justice” that the Top Courtroom has no longer delivered its verdict at the bail plea in spite of booking the order ultimate December within the grabbing of enemy belongings case.

    The highest courtroom had famous that Khan has been granted bail in 86 out of 87 instances lodged in opposition to him and noticed that it’s maintaining the plea of Khan pending until the Top Courtroom delivered its order on his bail.

    The top courtroom on December 4, 2021, had reserved its resolution.

    Alternatively, the state executive later submitted an utility and sought permission to offer some new information via recent affidavits, that have been filed on Would possibly 5.

    The Top Courtroom had then on Would possibly 10 delivered its verdict within the case.

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

    By means of PTI

    ALLAHABAD: Expressing fear over the expanding pendency of circumstances in addition to issues in relation to their record, the Allahabad Prime Court docket Bar Affiliation (HCBA) on Saturday demanded filling up of the entire vacant posts of Allahabad Prime Court docket judges.

    Addressing the media, HCBA president Radha Kant Ojha suggested the Leader Justice of Allahabad Prime Court docket to verify growth in all the device of record of circumstances, as he claimed that at the moment, recent circumstances are being indexed prior to the court docket after 10 to 60 days after their submitting within the registry.

    Therefore, on this backdrop, he demanded the Leader Justice to make certain that the entire recent circumstances to be indexed prior to the court docket after 48 hours and it should even be ensured that knowledge on this regard is conveyed to the attorneys by way of the registry via SMS.

    Ojha mentioned simplest 93 judges are running in Allahabad Prime Court docket as towards the sanctioned energy of 160.

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

    He lamented that again and again the ideas isn’t conveyed via SMS in absence of reason listing, leading to dismissal of circumstances by way of the courts because of non-appearance of counsels.

    He additional suggested the Leader Justice to make certain that the entire courts get started running at 10 am and proceed until 4 pm.

  • Allahabad Prime Courtroom denies permission to be used of loudspeaker at mosque for azaan

    By means of PTI

    ALLAHABAD: The Allahabad Prime Courtroom has pushed aside a petition in search of permission for the usage of loudspeakers at a mosque for azaan.

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

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

    Petitioner Irfan moved the top court docket after a subdivisional Justice of the Peace had in December final yr rejected his software in search of permission for enjoying loudspeaker/mike in a village mosque on the time of azaan.

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

    After listening to the arguments, the court docket stated, “The regulation has now been settled that use of loudspeaker from mosque isn’t a basic proper. Even differently a cogent explanation why has been assigned within the impugned order. Accordingly, we discover that the existing petition is patently misconceived, therefore the similar is pushed aside.”

  • Allahabad Top Court docket provides bail to a few males held two years in the past for environment afire rape sufferer

    Through PTI

    LUCKNOW: The Allahabad Top Court docket has granted bail to 3 other folks arrested for allegedly environment afire a rape sufferer in Unnao, doubting her demise declaration.

    Justice Dinesh Kumar Singh of the Lucknow bench of the prime court docket gave the relaxation, additionally pronouncing that simply since the case involving the lady’s killing had gained massive media consideration, an accused can’t be allowed to endure indefinitely except confirmed to blame.

    The pass judgement on additionally stated put out of your mind concerning the query of the start of the trial, the police have no longer even filed the rate sheet within the case it relationship again to December 2019, leaving the accused to languish in prison the entire whilst.

    Justice Singh handed the order on bail pleas of the 3 accused, Umesh Kumar Bajpai, Ram Kishor Trivedi and Hari Shanker Trivedi alias Chunnu, all Unnao citizens, within the case which was once lodged on the district’s Bihar police station.

    In step with the FIR, she was once allegedly raped by means of two other folks, Shivam and Shubham, who have been dealing with trial within the rape case in a Rai Bareli court docket.

    Within the FIR, she stated she was once set afire by means of Shivan and Subham and their 3 different family members — Umesh, Ram Kishor and Hari Shanker — whilst she was once on her approach space to the railway station to catch a educate to Rai Slightly to wait the trial of the case on December 5, 2019.

    The lady had died later within the medical institution.

    In his order granting bail to the 3 accused, Justice Singh stated, “It’s true that the stated incident gained massive media consideration and the complainant and his circle of relatives gained greater than good enough monetary assist from the federal government.

    “If an accused has dedicated an offence, he will have to be punished adequately below the provisions of the legislation however simply as a result of a case has gained exposure and media consideration, an individual will have to no longer be made to endure except he’s to blame of committing the crime,” he added.

    Right through the listening to at the bail pleas, Justice Singh discovered that even a rate sheet was once no longer filed on the subject of burning the lady, put out of your mind concerning the get started of its trial.

    The bench additionally spotted a number of lacunae within the lady’s remark given earlier than her demise.

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

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

    Bearing in mind the topic intimately, the bench noticed that it was once a are compatible case for bail.

    The lady had later died of the wounds gained within the incident.

    All through listening to, the bench discovered that even a rate sheet was once no longer filed if so, to not communicate of beginning trial thereof.

    In a similar way, the educate was once cancelled from December 3, 2019 or even on that day the educate had remained cancelled.

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

    The bench additionally went throughout the whatsapp messages together with her legal professional Mahendra Singh Rathore which proved that she had bodily touch with a number of individuals.

    Bearing in mind the topic intimately, the bench noticed that it was once a are compatible case for bail.

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

    Specific Information Carrier

    LUCKNOW: Junking a Public Hobby Litigation (PIL) looking for a directive from the  court docket to UP CM Yogi Adityanath to take the oath of place of business of the CM once more in his actual title, the Allahabad Top Courtroom on Monday imposed a value of Rs 1 lakh at the petitioner.

    Petitioner Namaha of Delhi had claimed within the PIL that the UP CM was once the usage of other names like ‘Adityanath’, ‘Yogi Adityanath’ and so on.

    The petitioner claimed in his petition that the UP CM have been taking oath of place of business 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 whilst taking the oath of place of business and secrecy, stated the PIL.

    The petition additionally submitted that the UP CM was once the usage of ‘Yogi’ together with his title Adityanath in the similar method as docs and engineers put the name forward in their title.

    ALSO READ: Jhansi units an instance of solidarity as loudspeakers from largest temple, mosque got rid of

    “So the UP CM must be barred from the usage of ‘Yogi’ in his title,” stated the petitioner. Alternatively, listening to the PIL, the department bench comprising Leader Justice Rajesh Bindal and Justice Piyush Agrawal pushed aside the petition calling it a waste of the court docket’s time and slapped a penalty of Rs 1 lakh at the petitioner which the court docket directed to be submitted inside six months.

    The court docket additional stated that the quantity of penalty could be donated to Divyang Kendra (Centre for in a different way abled).

    The petitioner had claimed that quite a lot of names of CM Yogi Adityanath had been being utilized in quite a lot of boards, together with electronic, inflicting confusion a number of the public at huge. Subsequently, the state govt will have to be directed to make use of just one title of
    the CM on electronic in addition to non-digital boards.

    Further recommend common (AAG) Manish Goel, showing for the state govt, antagonistic the plea and argued that the petition was once no longer maintainable because the CM have been made celebration within the particular person capability within the petition and a PIL may just
    no longer be filed in opposition to a person. Along with it, the petitioner had no longer disclosed his credentials as according to the Top Courtroom regulations.

    Additional, the AAG submitted that the petitioner it sounds as if had no longer filed the petition for the advantage of the general public at huge however handiest to achieve exposure. Alternatively, the petitioner’s recommend argued that the petitioner had no longer filed the petition with any ulterior cause and the similar was once filed for the advantage of the general public at huge.

  • Not on time justice turns meaningless: Allahabad Prime Court docket Leader Justice Rajesh Bindal

    Via PTI

    MATHURA: Leader Justice Rajesh Bindal of the Allahabad Prime Court docket right here on Saturday sought to force house the illness of not on time justice, recalling an incident through which a person refused to take the reimbursement 25 years after the demise of his son in a highway coincidence and requested the courtroom to stay the cash.

    Justice Bindal narrated the incident whilst inaugurating the maintaining of Lok Adalat right here and stated, “Not on time aid ceaselessly turns meaningless.”

    Recalling the case involving a person preventing a case for reimbursement from a Motor Coincidence Claims Tribunal, Justice Bindal stated after the person was once in the end awarded the reimbursement, he requested the courtroom to stay the cash with itself.

    “Pass judgement on sahib, please stay this cash with your self now. I disparately wanted it to boost my grandsons and train them after their father, my son, died, in a highway coincidence 25 years in the past. I are not looking for the cash now as a result of they all are settled now,” Justice Bindal recalled the person as telling the courtroom.

    The prime courtroom’s leader justice narrated the incident in presence of Justice Rajeev Joshi of the prime courtroom, the executive pass judgement on for the Mathura subordinate judiciary, and District Pass judgement on Rajeev Bharti.

    Justice narrated the incident whilst urging the Lok Adalat to settle most numbers of disputes, pronouncing the Lok Adalat does what Lord Shri Krishna did to stop Mahabharata and Lord Hanuman and Angad did to stop the struggle of Ramayana.

    Leader Justice Bindal additionally recommended banks and LIC to undertake a good perspective in order that most instances are settled.

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

  • Allahabad Top Court docket grants bail to Azam Khan in case associated with misuse of respectable letterhead

    By way of PTI

    LUCKNOW: The Lucknow bench of the Allahabad Top Court docket on Tuesday granted bail to Samajwadi Birthday celebration chief and previous Uttar Pradesh minister Azam Khan in reference to a case of misusing respectable letterhead and seal.

    His plea for bail was once allowed via Justice Ramesh Sinha.

    Khan, then again, is still in prison in different instances.

    It was once argued on behalf of Khan that he has been in prison for somewhat a very long time and that the offences of this example are triable via the Justice of the Peace.

    The FIR was once 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 respectable letterhead and seal to be able to malign the picture of BJP, RSS and cleric Kalbe Jawwad at nationwide and world stage.

    The informant had additionally stated that underneath force of the then govt, his FIR was once registered with prolong.

    The Top Court docket granted bail taking into account the petty nature of the case.

  • Allahabad HC denies bail to accused held for duping ex-judge of Rs 5 lakh

    By way of PTI

    PRAYAGRAJ: The Allahabad Top Courtroom on Wednesday denied bail to 4 other people arrested for allegedly duping its former girl choose of Rs 5 lakh thru on-line fraud.

    Accused Neeraj Mandal, Tapan Mandal, Shubo Shah and Tauseef Zaman have been arrested when it comes to the cyber fraud lodged at the grievance of former Justice Poonam Shrivastava.

    In her grievance to the Cantt police station, ex-judge Shrivastava had alleged that some unknown other people had withdrawn Rs 5 lakh from her checking account on December 4, 2020 after tricking her into giving her checking account, Aadhar Card and PAN numbers to an individual who referred to as her up, figuring out as a financial institution reputable.

    Justice Shekhar Kumar Yadav disregarded the bail plea of the 4 accused announcing the cash of the checking account holder must be protected as a result of it is the hard earned, “whilst” cash of the account holder and it’s this cash that improves the monetary situation of the rustic.

    “There are other people within the nation who don’t deposit crores of rupees within the financial institution and stay it hidden within the basements in their homes, because of which neither the financial institution will get any receive advantages nor the rustic will get enriched,” he mentioned.

    Justice Yadav additionally mentioned that if the cash is taken out via cybercriminals from the buyer’s checking account, the financial institution has to the accountability for it.