Tag: allahabad high court

  • Lakhimpur Kheri case: HC reserves order on key accused Ashish Mishra’s bail plea

    Specific Information Carrier

    LUCKNOW: The Lucknow Bench of Allahabad Top Court docket reserved its order after finishing listening to at the bail plea of Ashish Mishra, the son of Union Minister of State Ajay Mishra ‘Teni’ and key accused in Lakhimpur Kheri violence, on Friday.

    It can be recalled that the violent incident which had taken position on 2/3 October 2021, had resulted within the lack of 8 lives together with 4 farmers who have been allegedly trampled via Ashish Mishra alias Monu.

    The one pass judgement on bench, comprising Justice Krishna Pahel, reserved the order on Ashish’s bail plea.

    Right through the listening to, it used to be submitted on behalf of Ashish Mishra that on the time of the incident, he used to be now not provide on the position of the incidence. 

    “Nor used to be there any witness who heard him announcing to run over farmers as there used to be an enormous crowd and siren of police automobiles have been blowing on the web page,” argued Ashish’s legal professional. 

    He additionally contended there have been affidavits given via 197 individuals claiming that Ashish Mishra used to be provide within the village and now not on the web page of the incident.

    Previous, the Top Court docket had granted bail to Ashish on February 10, 2022 complying which the accused used to be launched from the Lakhimpur district prison on February 15 however because the subject reached Preferrred Court docket, the bail used to be brushed aside and the apex court docket directed the Top court docket to come to a decision his bail plea after giving good enough alternative to the sufferer facet to place its arguments.  

    Accordingly, the Lucknow Bench of Allahabad Top Court docket began listening to his bail plea afresh.

    Whilst the Top Court docket had granted bail to Ashish Mishra, it had rejected the pleas of co- accused Lavkush, Ankit Das, Sumit Jaiswal and Shishupal on Would possibly 9, 2022. 

    Whilst rejecting their pleas, the Top Court docket had noticed that each one 4 have been actively concerned within the making plans of the offence and its execution in a merciless, diabolic and inhuman way and as such didn’t deserve bail.

    The bench had additional noticed that all of the 4 co-accused and the principle accused Ashish Mishra got here from influential households and the prosecution’s apprehension that they might intervene with the process justice, tamper with the proof and affect the witnesses, used to be now not out of place and can’t be dominated out at this degree.

    LUCKNOW: The Lucknow Bench of Allahabad Top Court docket reserved its order after finishing listening to at the bail plea of Ashish Mishra, the son of Union Minister of State Ajay Mishra ‘Teni’ and key accused in Lakhimpur Kheri violence, on Friday.

    It can be recalled that the violent incident which had taken position on 2/3 October 2021, had resulted within the lack of 8 lives together with 4 farmers who have been allegedly trampled via Ashish Mishra alias Monu.

    The one pass judgement on bench, comprising Justice Krishna Pahel, reserved the order on Ashish’s bail plea.

    Right through the listening to, it used to be submitted on behalf of Ashish Mishra that on the time of the incident, he used to be now not provide on the position of the incidence. 

    “Nor used to be there any witness who heard him announcing to run over farmers as there used to be an enormous crowd and siren of police automobiles have been blowing on the web page,” argued Ashish’s legal professional. 

    He additionally contended there have been affidavits given via 197 individuals claiming that Ashish Mishra used to be provide within the village and now not on the web page of the incident.

    Previous, the Top Court docket had granted bail to Ashish on February 10, 2022 complying which the accused used to be launched from the Lakhimpur district prison on February 15 however because the subject reached Preferrred Court docket, the bail used to be brushed aside and the apex court docket directed the Top court docket to come to a decision his bail plea after giving good enough alternative to the sufferer facet to place its arguments.  

    Accordingly, the Lucknow Bench of Allahabad Top Court docket began listening to his bail plea afresh.

    Whilst the Top Court docket had granted bail to Ashish Mishra, it had rejected the pleas of co- accused Lavkush, Ankit Das, Sumit Jaiswal and Shishupal on Would possibly 9, 2022. 

    Whilst rejecting their pleas, the Top Court docket had noticed that each one 4 have been actively concerned within the making plans of the offence and its execution in a merciless, diabolic and inhuman way and as such didn’t deserve bail.

    The bench had additional noticed that all of the 4 co-accused and the principle accused Ashish Mishra got here from influential households and the prosecution’s apprehension that they might intervene with the process justice, tamper with the proof and affect the witnesses, used to be now not out of place and can’t be dominated out at this degree.

  • Gyanvapi Case Listening to: Aurangzeb had ordered to demolish the temple, to not construct a mosque, the listening to of Vishweshwar Nath temple- Gyanvapi mosque continues within the Prime Courtroom.

    Prayagraj: Listening to within the Vishweshwar Nath Temple-Gyanvapi Masjid dispute case of Varanasi persevered within the Prime Courtroom on Wednesday. Throughout this, information and information have been offered on behalf of the temple facet. It’s stated that within the medieval length, Aurangzeb had ordered the demolition of Vishwanath temple however had now not given any decree to construct a mosque there. So it was once unsuitable to construct a mosque there. A unmarried bench of Justice Prakash Padia is listening to the petitions filed by means of the Anjuman-e-Araiyaniyaan Masjid Committee and the Sunni Waqf Board.

    Throughout the listening to on Wednesday, recommend Vijay Shankar Rastogi, showing for handiest the temple facet, offered his arguments. Rastogi stated that the mosque was once constructed by means of demolishing the Adi Vishweshwar Nath temple by means of order of Aurangzeb, however the possession of the land remained with the temple. There’s no documentary proof to mention that the waqf was once constituted. The legal professional stated, Aurangzeb by no means took possession of the land.

    ‘Boundary hundreds of years outdated, temple from time immemorial’
    He stated that, taking a look on the outdated information, it’s transparent that the temple is from time immemorial. The boundary constructed round it’s also hundreds of years outdated. Suggest Rastogi stated that errors had been made within the former empire. Vishwanath temple has been forcibly demolished. If the prevailing govt acknowledges him, then the courts can take cognizance of the ones errors and order treatments.

    ‘Abnormal Muslims do not need the fitting to Namaz’
    Rastogi additionally stated that extraordinary Muslims do not need the fitting to provide Namaz within the mosque. Within the 12 months 1936, Din Mohammad and others filed a declare within the Banaras Civil Courtroom, through which they didn’t get reduction from the courtroom. Within the written commentary given by means of the British relating to Din Mohammad within the 12 months 1936, the rights of Hindus have been identified and Vishwanath temple has been stored within the class of Temple Act. After this, in 1942, the Prime Courtroom has allowed the litigants to provide the prayers of Juma, in that civil go well with, the Waqf Board or Anjuman Inaztiya Masajid has now not been a birthday party.

    ‘The king isn’t the landlord of the land’
    Rastogi stated that all the complicated belongs to the Gyanvapi temple, Akbar had additionally purchased land to construct the Allahabad Fortress, Aurangzeb additionally purchased land in South India and constructed a mosque. Strengthening his argument, Rastogi stated, the king isn’t the landlord of the land, he collects the tax. Within the British govt, Lord Curzon had cooked Lord Vishweshwar Nath Naubat Khana on the Chatta Gate, there’s no Naubatkhana for providing Namaz within the mosque.

    Diya Ram Janmabhoomi dispute
    It was once stated on behalf of Rastogi that, on this regard, the Excellent Courtroom has additionally stated within the orders of its complete bench that if the prevailing govt understands and accepts the errors made within the time of the previous empire, then it may be rectified. The Excellent Courtroom had given a equivalent advice within the Ram Janmabhoomi dispute case as smartly, and the similar would possibly occur on this case, he stated.

    After listening to the arguments of the temple facet, the courtroom has made up our minds to proceed the listening to on July 15 for listening to the topic. The talk might be hung on that day on behalf of the Anjuman-e Association Masjid Committee and the Sunni Waqf Board. The courtroom has already prolonged the keep at the order of the subordinate courtroom to habits the survey from the Archaeological Division until July 31.

  • Allahabad Prime Courtroom: The flat was once no longer constructed inside the stipulated time, the order of the Allahabad Prime Courtroom – the authority must go back the cash with hobby

    Prayagraj: Allahabad Prime Courtroom has ordered to refund the volume deposited via the Better Noida Business Construction Authority to the petitioners (flat bookers) on the fee of 9 p.c hobby in the event that they fail to allot them via making apartments inside the stipulated time. The court docket mentioned that the petitioners must be given their cash in two months. The hobby quantity must be paid from the date of deposit. No longer best this, the court docket has additionally ordered the authority to pay a reimbursement of twenty thousand rupees to each and every of the petitioners.

    This order has been given via a department bench of Justice Pritinkar Diwakar and Justice Ashutosh Srivastava whilst concurrently listening to the petitions of Sheela Rastogi and 37 others and Gaurav Gulati and others. The court docket in its order has best in part accredited the petitions filed via the petitioners. It was once argued on behalf of the petitioners within the case that the Better Noida Business Construction Authority had made an be offering in 2013 to supply residential apartments to the folks. Mentioned that he has proposed his quite a lot of schemes in 3 spaces (Omicron, Omicron 1 and Sector 12). Underneath this, reserving of apartments may also be completed in multi-storey development. Ownership shall be given to people who guide via 2017.

    The petitioners implemented for a flat underneath the scheme on money down cost foundation and paid all of the quantity. The petitioners had additionally taken mortgage from the financial institution to make section cost to pay the flat and thereafter they paid the prescribed installments. The petitioners argued that the authority did not give you the lodging inside of 3 years. While, he was once required handy over the flat. The petitioners additionally contacted the officers of the authority after the lapse of time however they saved getting assurances of 1 or two months.

    It was once mentioned that during 2018 the ownership of the flat could be ready. Later the authority mentioned to provide the flat in 2019. It was once later said that because of unavoidable causes, apartments may just no longer be allocated in Omicron. Underneath the second one scheme, apartments shall be given to the petitioners evolved in different places. Its value shall be upper. When the petitioners disagreed in this, they had been requested to withdraw their quantity. The petitioners objected to this and filed a petition within the Prime Courtroom. The court docket, in part accepting the petition of the petitioners, ordered the refund of the volume on the fee of 9 in line with cent hobby.

  • Dalmia Corporate MD and others didn’t get aid in fraud case, Allahabad Prime Courtroom order

    Prayagraj: The difficulties of Dalmia Corporate’s officials don’t seem to be reducing. When it comes to fraud and prison breach of consider, the courtroom has now not given aid to the opposite other people together with the managing director of the corporate. In any such scenario, now the sword of arrest is striking on him. The Allahabad Prime Courtroom has refused to grant aid to Gaurav Dalmiya, MD, Dalmia Staff, and others in an FIR lodged through Ansal Houses and Infrastructure Restricted at TP Nagar police station in Meerut.

    A case of dishonest and prison breach of consider has been registered towards the MD of Dalmia Staff and others. The trial courtroom has issued a warrant of arrest on this case. On this case, together with MD Gaurav Dalmiya, Mridu Hari Dalmiya, Raghu Hari Dalmiya and 4 others had been booked on 16 February 2019. On this case, the decrease courtroom refused to grant him aid. After this, he challenged the verdict of the decrease courtroom within the Allahabad Prime Courtroom and appealed for aid.

    What’s the complete topic?
    A grievance has been lodged through Ansal Staff at TP Nagar police station in Meerut. It mentioned that the Dalmia circle of relatives entered into an settlement with Ansal to buy 51 in step with cent of the stocks in 2012. 46 p.c of the corporate’s stocks had been pledged to the financial institution. The administrators of Dalmia Corporate concealed the tips and entered right into a incorrect agreement. On this regard, the actual property corporate Ansal lodged an FIR towards him.

    The topic reached the courtroom. Taking cognizance on this case in March 2022, the decrease courtroom summoned the accused. The accused didn’t seem within the courtroom. Thereafter, a non-bailable warrant was once issued towards him. The Dalmia Staff to start with succeeded in getting the warrant stayed at the plea of ​​​​compromise. Later the courtroom was once knowledgeable about the entire topic.

    The trial courtroom then quashed the order staying the arrest warrant. On this case, the Dalmiya circle of relatives has additionally were given a setback from the Prime Courtroom. The courtroom refused to intervene with the order of the decrease courtroom.

  • Take steps to prevent criminals from coming into politics: Allahabad HC

    By means of Categorical Information Carrier

    LUCKNOW:  Looking at that an alarming choice of criminals had reached Parliament and Assemblies, the Lucknow bench of Allahabad Top Court docket has requested Parliament and the Election Fee of India to take efficient measures to stay criminals clear of politics.

    Justice Dinesh Kumar Singh referred to as for demolishing the unholy nexus amongst criminals, politicians and bureaucrats whilst rejecting the bail plea of BSP MP Atul Kumar Singh alias Atul Rai, who has been in prison since 2019 on rape fees.

    Justice Singh stated it used to be the duty of Parliament to turn its collective will to restrain criminals from coming into politics or legislature. The court docket noticed that during 2004, 24% of Lok Sabha MPs had prison circumstances pending in opposition to them, which higher to 30% in 2009, to 34% in 2014 and 43% in 2019.

    Regardless of the Ideal Court docket stressing the desire for electoral reforms, Parliament and ECI had now not taken measures, the pass judgement on stated. “Previous, bahubalis (musclemen) and different criminals used to supply enhance to applicants…however now history-sheeters or even those that are in the back of bars are given tickets by means of political events they usually get elected as smartly,” the bench stated, including this has eroded the credibility, effectiveness and impartiality of the legislation enforcement businesses and management.

  • Area demolished because of illegality, no connection to Prayagraj violence… PDA’s reaction to the petition of Javed Pump’s spouse

    Prayagraj: Allahabad Top Court docket, all through the listening to of the petition in the home demolition case of Parveen Fatima, spouse of Atala violence mastermind Javed Mohammad alias Javed Pump, PDA has filed a sworn statement mentioning the demolition motion as right kind as according to laws. Previous, all through the controversy on June 28, the courtroom had directed the state executive and others involved to report their answer at the mentioned subject inside 24 hours. Accordingly, the answer used to be filed. The Top Court docket has fastened the following listening to on July 7, giving time to report the rejoinder affidavit from the suggest for the petitioner.

    The department bench of Justice Anjani Kumar Mishra and Justice Syed Vaiz Mian of Allahabad Top Court docket, advocated Kamal Krishna Rai in conjunction with Suggest Common Ajay Kumar Mishra and senior PDA recommend Ravikant and so forth., represented Parveen Fatima’s petition. The petitioner says that the home is in his title. On this case, the home used to be demolished illegally with out following the prison procedure in opposition to him. PDA says that unlawful building of area has been completed. On this case, demolition motion has been taken through issuing realize as according to laws. Atala ruckus has not anything to do with the demolition of this area. This Prayagraj Building Authority has its personal prison procedure.

    Allow us to inform you that the two-storey area of Javed Mohammad alias Javed Pump, accused of violence on June 10, used to be demolished through the Prayagraj Building Authority on June 12, appearing unlawful building with out passing the map.

    After the demolition of the home through Prayagraj Building Authority, some advocates raised this subject within the Allahabad Top Court docket via letter petition. On which the Allahabad Top Court docket had brushed aside the letter petition and requested to look within the common petition. After this, a petition used to be filed on behalf of Parveen Fatima.

    Call for for reconstruction of demolished area
    Within the petition, Parveen had complained about illegally demolishing his area. In keeping with the petition, until the time his (Parveen) area isn’t renovated, preparations for presidency lodging have been made for him to stick.

    Abstract of Parveen Fatima’s petition
    Parveen Fatima, the spouse of mastermind Javed Pump, has mentioned that the management has ordered J.Okay. The home of Ashiyana, which has been demolished through bulldozer through telling Javed Pump, that home is in his title and now not within the title of his husband Javed Pump. This area used to be won through the petitioner as a present from his father. She is the landlord of that area. This demolished assets didn’t belong to Javed Mohammad.

    In keeping with the petition, most effective the title of the petitioner is registered within the municipal and earnings paperwork. While after the incident after the Friday prayers, she and her daughter have been taken to the police ladies’s station. The attention used to be pasted through the police management. He and his members of the family didn’t even find out about it.
    The attention used to be additionally served within the title of her husband and their two-storeyed area used to be unexpectedly demolished on June 12 with out giving any alternative to the petitioner to report an attraction or provide his case.

    It’s been mentioned within the petition that once the incident of stone pelting and vandalism on June 10, the similar night time the police known as his husband Javed Mohammad Pump to the police station and took him into custody. No longer most effective this, overdue night time the police of the ladies’s station additionally took the petitioner and her daughter to the police station. All through this, each have been stored illegally in custody for 3 days. On Sunday, a lot of police and PDA officials and workers reached his area with two bulldozers and demolished all the area. The petitioner used to be now not even given the vital 30 days time to report the attraction.

    It used to be mentioned that the motion of the police used to be unlawful and opposite to justice and wherein the provisions of the City Making plans and Building Act weren’t adopted. The petition states that the petitioner now not has any area to are living in. He’s forced to stick with his circle of relatives and family members.

  • Instructor Retirement Age: Ban on elevating the retirement age restrict of academics to 65 years, Allahabad Top Court docket gave this large choice

    Prayagraj: In Uttar Pradesh (Uttar Pradesh), a large choice has been given at the retirement age restrict of the lecturers of stage faculties. The Allahabad Top Court docket has stayed the verdict of the one bench. Previous, a unmarried bench had ordered to extend the retirement age of academics of stage faculties from 62 to 65 years. The federal government went on enchantment by contrast choice. After the listening to within the Allahabad Top Court docket, the federal government was once given reduction on compliance with this order. The order to agree to the order was once issued by way of the one bench inside of 3 months. After being challenged in a distinct enchantment in regards to the validity of the order, the Top Court docket has stayed the verdict of the one bench and ordered to take a choice inside of 3 months below the ideas of the College Grants Fee.

    At some point of listening to held in Allahabad Top Court docket, answer has been sought from petitioner Chandramohan Ojha and 21 different academics in two weeks. The court docket then requested the state executive to report a counter-affidavit inside of 4 weeks. The Top Court docket has fastened August 11 for the following listening to. A department bench of Justice Sunita Agarwal and Justice Vikram D Chauhan has issued this large order whilst listening to the particular enchantment of the state executive.

    The state executive was once advised that the UGC amended an act in 2010 and raised the retirement age of university-college academics to 65 years. It was once partly carried out by way of the state executive on 31 December 2010. Additionally, it’s been stated that until the schools amend their statutes, the upper training establishments can’t get its receive advantages. The federal government stated within the court docket that the one bench has issued the course with out in the hunt for the answer from the federal government. Subsequently, the order will have to be cancelled.

  • Syed Modi homicide case: Bhagwati Singh’s lifestyles imprisonment upheld

    LUCKNOW: The Lucknow Bench of the Allahabad Top Court docket has upheld the sentence of Bhagwati Singh alias Pappu, who was once serving a lifestyles sentence within the 1988 homicide case of well-known badminton participant Syed Modi. The bench mentioned that there’s enough proof that Pappu and every other accused had killed Syed Modi by means of firing.

    A holiday bench of Justice Ramesh Sinha and Justice Saroj Yadav had on March 21 reserved its resolution after listening to the petition filed by means of Pappu. On August 22, 2009, the Further District Court docket of Lucknow sentenced Pappu to lifestyles imprisonment within the Syed Modi homicide case. Pappu is these days in prison. In its order, the bench mentioned that the to be had proof presentations that the slain co-accused Balai Singh, within the presence of an impartial witness, had given a confessional remark that the pistol and cartridges used within the homicide of Syed Modi got to him by means of Pappu.

    Syed Modi was once shot useless on 28 July 1988 by means of two car-borne assailants. After investigating the case, the CBI had filed a fee sheet towards the then Congress MPs Sanjay Singh, Amita Kulkarni Modi, Akhilesh Singh, Balai Singh, Amar Bahadur Singh, Jitendra Singh alias Tinku and Bhagwati Singh alias Pappu. The classes court docket had given a blank chit to Sanjay Singh and Amita within the subject. This resolution of the decrease court docket was once upheld by means of the Top Court docket and the Perfect Court docket as neatly. In a similar way, the Top Court docket had additionally disregarded the fees towards the accused named Akhilesh Singh. Two different accused, Balai Singh and Amar Bahadur Singh, had been murdered all through the trial.

    Later on this case it was once argued on behalf of Pappu that the primary accused Sanjay Singh and Amita Modi had been acquitted within the case. Subsequently, there is not any different explanation why left towards him to kill Syed Modi, so he must even be acquitted. Conserving in thoughts that there’s a direct witness figuring out Pappu. The bench mentioned that the cause of committing the offense loses its significance as nobody is aware of what’s the cause of committing the crime within the thoughts of an perpetrator.

  • Prayagraj Violence: HC seeks answer from Yogi govt in 24 hours on demolition of Javed Pump area, subsequent listening to on 30

    Prayagraj: A listening to was once held within the courtroom in regards to the operation of a bulldozer on the area of Javed Pump, who is alleged to be the mastermind of the violence that happened on June 10 in Prayagraj, Uttar Pradesh. Javed Pump’s spouse Parveen Fatima had filed a petition within the courtroom in opposition to the bulldozer motion. Listening to this, on Tuesday, the Prime Courtroom has sought a answer from the recommend of the state govt inside of 24 hours. The following listening to of the case will likely be on June 30.

    On Tuesday, the listening to was once held within the Department Bench of Justice Anjani Kumar Mishra and Justice Syed Wiz Mian. Within the petition, the spouse of Javed Pump has alleged that the home was once demolished arbitrarily. It’s alleged that the home itself was once in his identify whilst the attention was once issued within the identify of husband Javed. Within the petition, Fatima has demanded that the home be given once more and motion will have to be taken in opposition to the allegedly responsible officials.

    Aside from this, at the side of giving govt lodging until the brand new home is constructed, he has demanded right kind reimbursement in his petition. Within the petition, the UP govt, the commissioner of Prayagraj department, the DM and SSP of the district and the Prayagraj Building Authority had been made events. Aside from this, a criticism has additionally been made about Javed Pump’s spouse and daughter being stored in police custody for 2 days.

    Allow us to tell that the home of Javed Ahmed Alias ​​Pump, who’s being referred to as the mastermind within the Prayagraj Violence case, was once demolished by way of a bulldozer. After the motion that lasted for roughly 3 hours, Javed’s complete area was once demolished. The assistance of two bulldozers and a Pokeland gadget was once taken on this motion. It was once stated on behalf of Prayagraj Building Authority that Javed Pump was once given understand to vacate the home on Might 25 itself.

  • Prayagraj violence: Accused’s spouse strikes HC, calls for reimbursement and motion in opposition to officers

    Categorical Information Provider

    LUCKNOW: Spouse of Javed Mohammad, high accused of Prayagraj violence of June 10, has approached Allahabad Prime Courtroom submitting a petition to problem the act of demolition of her space by means of the officers of Prayagaraj Building Authority (PDA) on June 12.

    Parveen Fatima, who owned the valuables demolished by means of PDA, accused the officers of performing as in keeping with their whims and fancies whilst raging her space. She advised the court docket for pressing listening to regardless of the continued holidays.

    ALSO READ| Demolitions of unlawful constructions in Kanpur, Prayagraj as in keeping with legislation: Uttar Pradesh to SC

    In her plea, Parveen Fatima claimed that regardless of the valuables being in her identify because it used to be proficient to her by means of her father, the PDA officers caught a understand addressed to her husband Javed Mohammad at the space simply 12 hours sooner than its demolition.

    It can be recalled that the home of Javed Mohammad used to be demolished by means of the PDA after the communal violence in Prayagraj after Friday prayers on June 10 during which his function had allegedly come to mild.

    Then again, the PDA claimed that the home value crores used to be demolished because it used to be constructed illegally with out getting the map cleared by means of it. All over the demolition, Javed Mohammad used to be in police custody in
    reference to the violent protests in Sangam Town in opposition to the remark of Nupur Sharma over Prophet Mohmmad.

    Within the petition, Parveen Fatima has demanded reimbursement for the valuables demolished and has additionally sought motion in opposition to the officers concerned within the act of demolition. She has additionally demanded the court docket to direct the state govt to present her govt lodging until her home is re-built.