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Tag: Gauhati High Court

  • Gauhati Prime Court docket acquits all six in 2004 Dhemaji blast

    Through PTI

    GUWAHATI: The Gauhati Prime Court docket on Thursday acquitted all six accused within the 2004 Dhemaji bomb blast case during which 18 other folks, together with 13 faculty kids, had been killed on Independence Day.

    A department bench of justices Michael Zothankhuma and Mridul Kumar overturned a 2019 order of the Dhemaji district and classes courtroom, which had sentenced 4 individuals to existence imprisonment and two others to 4 years in prison.

    The top courtroom gave the decision after concluding the listening to at the appeals filed by means of the six accused on July 24.

    Whilst Dipanjali Buragohain, Muhi Handique, Jatin Dubori and Leela Gogoi had been sentenced to existence imprisonment, Prashanta Bhuyan and Hemen Gogoi had been sentenced to 4 years in prison by means of the district courtroom.

    The explosion had taken position on the Dhemaji School flooring right through Independence Day celebrations.

    The ULFA, which known as for a boycott of the celebrations, had claimed accountability for the blast.

    But even so the ones killed, round 45 other folks had been injured within the explosion.

    GUWAHATI: The Gauhati Prime Court docket on Thursday acquitted all six accused within the 2004 Dhemaji bomb blast case during which 18 other folks, together with 13 faculty kids, had been killed on Independence Day.

    A department bench of justices Michael Zothankhuma and Mridul Kumar overturned a 2019 order of the Dhemaji district and classes courtroom, which had sentenced 4 individuals to existence imprisonment and two others to 4 years in prison.

    The top courtroom gave the decision after concluding the listening to at the appeals filed by means of the six accused on July 24.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    Whilst Dipanjali Buragohain, Muhi Handique, Jatin Dubori and Leela Gogoi had been sentenced to existence imprisonment, Prashanta Bhuyan and Hemen Gogoi had been sentenced to 4 years in prison by means of the district courtroom.

    The explosion had taken position on the Dhemaji School flooring right through Independence Day celebrations.

    The ULFA, which known as for a boycott of the celebrations, had claimed accountability for the blast.

    But even so the ones killed, round 45 other folks had been injured within the explosion.

  • Gauhati Prime Court docket acquits all six in 2004 Dhemaji blast case

    Through PTI

    GUWAHATI: The Gauhati Prime Court docket on Thursday acquitted all six accused within the 2004 Dhemaji bomb blast case by which 18 other folks, together with 13 faculty youngsters, have been killed on Independence Day.

    A department bench of justices Michael Zothankhuma and Mridul Kumar overturned a 2019 order of the Dhemaji district and periods court docket, which had sentenced 4 individuals to lifestyles imprisonment and two others to 4 years in prison.

    The top court docket gave the decision after concluding the listening to at the appeals filed by means of the six accused on July 24.

    Whilst Dipanjali Buragohain, Muhi Handique, Jatin Dubori and Leela Gogoi have been sentenced to lifestyles imprisonment, Prashanta Bhuyan and Hemen Gogoi have been sentenced to 4 years in prison by means of the district court docket.

    The explosion had taken position on the Dhemaji Faculty floor all over Independence Day celebrations.

    The ULFA, which referred to as for a boycott of the celebrations, had claimed duty for the blast.

    But even so the ones killed, round 45 other folks have been injured within the explosion.

    GUWAHATI: The Gauhati Prime Court docket on Thursday acquitted all six accused within the 2004 Dhemaji bomb blast case by which 18 other folks, together with 13 faculty youngsters, have been killed on Independence Day.

    A department bench of justices Michael Zothankhuma and Mridul Kumar overturned a 2019 order of the Dhemaji district and periods court docket, which had sentenced 4 individuals to lifestyles imprisonment and two others to 4 years in prison.

    The top court docket gave the decision after concluding the listening to at the appeals filed by means of the six accused on July 24.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    Whilst Dipanjali Buragohain, Muhi Handique, Jatin Dubori and Leela Gogoi have been sentenced to lifestyles imprisonment, Prashanta Bhuyan and Hemen Gogoi have been sentenced to 4 years in prison by means of the district court docket.

    The explosion had taken position on the Dhemaji Faculty floor all over Independence Day celebrations.

    The ULFA, which referred to as for a boycott of the celebrations, had claimed duty for the blast.

    But even so the ones killed, round 45 other folks have been injured within the explosion.

  • SC dismisses Sisodia’s plea looking for to quash defamation case filed by way of Himanta Sarma

    By way of PTI

    NEW DELHI: “In the event you scale back public debate to this stage, it’s important to face the results,” the Very best Courtroom stated on Monday whilst listening to a petition by way of Delhi Deputy Leader Minister Manish Sisodia difficult the Gauhati Top Courtroom order brushing aside his plea for quashing a prison defamation case filed towards him by way of Assam Leader Minister Himanta Biswa Sarma.

    The top courtroom had disregarded Sisodia’s petition looking for quashing of the defamation case filed by way of Sarma over allegations of corruption levelled towards him by way of the Delhi deputy CM.

    After the apex courtroom confirmed its disinclination to entertain Sisodia’s plea towards the November 4 order of the top courtroom, the Aam Aadmi Celebration (AAP) chief withdrew it.

    Sarma had filed a prison defamation case towards Sisodia for making “baseless” corruption allegations towards him in reference to the provision of PPE kits at “upper than marketplace charges” to the Nationwide Well being Challenge (NHM) government all through the primary wave of the Covid-19 pandemic.

    The AAP chief had claimed that Sarma, because the state well being minister in 2020, had given the provision orders to the company of his spouse. Sarma has denied those allegations.

    The subject got here up for listening to on Monday sooner than a bench comprising Justices S Ok Kaul and A S Oka.

    Senior recommend A M Singhvi, showing for Sisodia, stated the AAP chief had nowhere stated any cash was once taken.

    “In the event you scale back public debate to this stage, it’s important to face the results,” the bench seen, including the petitioner will have to have unconditionally apologised previous.

    Singhvi stated one can’t use the authority to “browbeat” others and that the petitioner had by no means stated any cash was once taken.

    “You need to face the results,” the highest courtroom asserted, including the allegations had been made all through the pandemic.

    The apex courtroom seen that as an alternative of realising what the rustic was once going thru all through the pandemic, the petitioner was once making allegations.

    Singhvi later withdrew the petition.

    After the listening to, recommend Nalin Kohli, who was once representing the Assam executive, stated, “Necessarily, whilst issuing summons, a courtroom has to look whether or not a prima facie case exists in regards to false imputations that are consistent with se defamatory.”

    In its order, the top courtroom had stated Sisodia has no longer been ready to make out any case for quashing of the complaints within the subject which is pending for disposal sooner than the courtroom of Leader Judicial Justice of the Peace, Kamrup, at Guwahati.

    The top courtroom had famous Sarma filed the criticism alleging that on June 4 this yr Sisodia addressed a press convention in New Delhi the place he made a defamatory commentary towards the Assam leader minister accusing him of indulging in corruption.

    It took word of Sarma’s criticism about Sisodia accusing him of corruption in giving executive contract to his spouse’s corporate for getting PPE kits.

    It was once alleged that whilst such PPE kits had been bought from others for Rs 600 apiece, the similar was once purchased from the corporate owned by way of Sarma’s spouse on the fee of Rs 990 consistent with equipment.

    The top courtroom had famous the executive judicial Justice of the Peace had in August this yr discovered enough floor to continue towards Sisodia and issued summons to him.

    Riniki Bhuyan Sarma, the spouse of the Assam leader minister, had on June 21 filed a Rs 100-crore defamation case towards the Delhi Deputy CM over the similar allegation.

    NEW DELHI: “In the event you scale back public debate to this stage, it’s important to face the results,” the Very best Courtroom stated on Monday whilst listening to a petition by way of Delhi Deputy Leader Minister Manish Sisodia difficult the Gauhati Top Courtroom order brushing aside his plea for quashing a prison defamation case filed towards him by way of Assam Leader Minister Himanta Biswa Sarma.

    The top courtroom had disregarded Sisodia’s petition looking for quashing of the defamation case filed by way of Sarma over allegations of corruption levelled towards him by way of the Delhi deputy CM.

    After the apex courtroom confirmed its disinclination to entertain Sisodia’s plea towards the November 4 order of the top courtroom, the Aam Aadmi Celebration (AAP) chief withdrew it.

    Sarma had filed a prison defamation case towards Sisodia for making “baseless” corruption allegations towards him in reference to the provision of PPE kits at “upper than marketplace charges” to the Nationwide Well being Challenge (NHM) government all through the primary wave of the Covid-19 pandemic.

    The AAP chief had claimed that Sarma, because the state well being minister in 2020, had given the provision orders to the company of his spouse. Sarma has denied those allegations.

    The subject got here up for listening to on Monday sooner than a bench comprising Justices S Ok Kaul and A S Oka.

    Senior recommend A M Singhvi, showing for Sisodia, stated the AAP chief had nowhere stated any cash was once taken.

    “In the event you scale back public debate to this stage, it’s important to face the results,” the bench seen, including the petitioner will have to have unconditionally apologised previous.

    Singhvi stated one can’t use the authority to “browbeat” others and that the petitioner had by no means stated any cash was once taken.

    “You need to face the results,” the highest courtroom asserted, including the allegations had been made all through the pandemic.

    The apex courtroom seen that as an alternative of realising what the rustic was once going thru all through the pandemic, the petitioner was once making allegations.

    Singhvi later withdrew the petition.

    After the listening to, recommend Nalin Kohli, who was once representing the Assam executive, stated, “Necessarily, whilst issuing summons, a courtroom has to look whether or not a prima facie case exists in regards to false imputations that are consistent with se defamatory.”

    In its order, the top courtroom had stated Sisodia has no longer been ready to make out any case for quashing of the complaints within the subject which is pending for disposal sooner than the courtroom of Leader Judicial Justice of the Peace, Kamrup, at Guwahati.

    The top courtroom had famous Sarma filed the criticism alleging that on June 4 this yr Sisodia addressed a press convention in New Delhi the place he made a defamatory commentary towards the Assam leader minister accusing him of indulging in corruption.

    It took word of Sarma’s criticism about Sisodia accusing him of corruption in giving executive contract to his spouse’s corporate for getting PPE kits.

    It was once alleged that whilst such PPE kits had been bought from others for Rs 600 apiece, the similar was once purchased from the corporate owned by way of Sarma’s spouse on the fee of Rs 990 consistent with equipment.

    The top courtroom had famous the executive judicial Justice of the Peace had in August this yr discovered enough floor to continue towards Sisodia and issued summons to him.

    Riniki Bhuyan Sarma, the spouse of the Assam leader minister, had on June 21 filed a Rs 100-crore defamation case towards the Delhi Deputy CM over the similar allegation.

  • Assam bulldozing: ‘Rohit Shetty could make a movie in this,’ Gauhati HC on SP’s motion

    Categorical Information Provider

    GUWAHATI: The Gauhati Top Courtroom likened the motion of the superintendent of police of Nagaon in Assam in a case of bulldozing of the homes of a few accused to a possible Bollywood potboiler.

    “In a lighter vein, I’ve no longer noticed a Hindi film of that class. Ship the tale of the SP. Director
    Rohit Shetty could make a movie in this,” Leader Justice RM Chhaya stated all the way through a listening to on Thursday.

    On Would possibly 21 this yr, some other people, protesting towards the loss of life of a fish dealer, Safikul Islam, in
    police custody, set hearth to the Batadrava police station in Nagaon and attacked the team of workers. The
    subsequent day, the police demolished the homes of the 5 accused the usage of bulldozers. The HC had registered
    a case suo moto in response to a letter at the incident gained from two legal professionals.

    “No one is protected. Beneath the guise of investigation, you pull down any person’s space. Even Lord Macaulay
    will have to no longer have considered it. This is a dent in felony legislation,” the Leader Justice stated.

    He stated even all the way through the investigation of an excessively severe topic by way of an company, the bulldozing of a space
    isn’t supplied beneath any felony legislation.

    “…as consistent with the document of the SP, a radical seek, made by way of the police staff, required the usage of an
    excavator to dig the home. But it surely calls for permission. The next day, you are going to say one thing is right here. So,
    will you dig out my court? How are you able to do it? You will be any one,” the CJ stated.

    “We’re in a democratic set-up. What’s recovered is one 9mm pistol. We don’t know if it was once planted or
    recovered. You display me from any felony jurisprudence that for investigating against the law, the police
    with none order can uproot an individual by way of making use of a bulldozer,” the CJ instructed the federal government suggest.

    “He could also be an SP of any district. Even the DIG, the IG or the DG must go in the course of the gamut of legislation.
    Best as a result of they head the police division, they can’t destroy any one’s space. No one can be protected in
    this nation if this is accepted,” the CJ stated.

    “If the following day any person forcefully enters the court and sits within the court, will the police
    government take away his chair beneath the guise of investigation? You’ll be able to prosecute him for no matter
    offence he has dedicated. Who gave energy to the SP to bulldoze the home?” he requested.

    Insisting that process needs to be adopted, he stated in his restricted occupation on the bar in Guwahati, he
    had no longer come throughout any police officer the usage of a bulldozer “by means of a seek warrant”.

    “Is it a gang warfare or police operation? One can keep in mind that this occurs in a gang warfare. The phrases
    ‘legislation’ and ‘order’ are used at the side of a objective,” the CJ stated.

    He ordered that the incident be put to the attention of the higher-ups within the House Division, declaring
    that the DG of the police is probably not conscious about it.

    GUWAHATI: The Gauhati Top Courtroom likened the motion of the superintendent of police of Nagaon in Assam in a case of bulldozing of the homes of a few accused to a possible Bollywood potboiler.
    “In a lighter vein, I’ve no longer noticed a Hindi film of that class. Ship the tale of the SP. Director
    Rohit Shetty could make a movie in this,” Leader Justice RM Chhaya stated all the way through a listening to on Thursday.
    On Would possibly 21 this yr, some other people, protesting towards the loss of life of a fish dealer, Safikul Islam, in
    police custody, set hearth to the Batadrava police station in Nagaon and attacked the team of workers. The
    subsequent day, the police demolished the homes of the 5 accused the usage of bulldozers. The HC had registered
    a case suo moto in response to a letter at the incident gained from two legal professionals.
    “No one is protected. Beneath the guise of investigation, you pull down any person’s space. Even Lord Macaulay
    will have to no longer have considered it. This is a dent in felony legislation,” the Leader Justice stated.
    He stated even all the way through the investigation of an excessively severe topic by way of an company, the bulldozing of a space
    isn’t supplied beneath any felony legislation.
    “…as consistent with the document of the SP, a radical seek, made by way of the police staff, required the usage of an
    excavator to dig the home. But it surely calls for permission. The next day, you are going to say one thing is right here. So,
    will you dig out my court? How are you able to do it? You will be any one,” the CJ stated.
    “We’re in a democratic set-up. What’s recovered is one 9mm pistol. We don’t know if it was once planted or
    recovered. You display me from any felony jurisprudence that for investigating against the law, the police
    with none order can uproot an individual by way of making use of a bulldozer,” the CJ instructed the federal government suggest.
    “He could also be an SP of any district. Even the DIG, the IG or the DG must go in the course of the gamut of legislation.
    Best as a result of they head the police division, they can’t destroy any one’s space. No one can be protected in
    this nation if this is accepted,” the CJ stated.
    “If the following day any person forcefully enters the court and sits within the court, will the police
    government take away his chair beneath the guise of investigation? You’ll be able to prosecute him for no matter
    offence he has dedicated. Who gave energy to the SP to bulldoze the home?” he requested.
    Insisting that process needs to be adopted, he stated in his restricted occupation on the bar in Guwahati, he
    had no longer come throughout any police officer the usage of a bulldozer “by means of a seek warrant”.
    “Is it a gang warfare or police operation? One can keep in mind that this occurs in a gang warfare. The phrases
    ‘legislation’ and ‘order’ are used at the side of a objective,” the CJ stated.
    He ordered that the incident be put to the attention of the higher-ups within the House Division, declaring
    that the DG of the police is probably not conscious about it.

  • 51 killed, 139 injured in police ‘encounters’ since Would possibly 2021: Assam executive to Gauhati HC

    Specific Information Provider

    GUWAHATI: The Assam executive has knowledgeable the Gauhati Prime Courtroom that 51 individuals were killed within the state in police encounters from Would possibly closing 12 months to Would possibly this 12 months.

    In a testimony filed within the courtroom in reference to a PIL on alleged faux encounters, the state’s House division stated 139 others had been injured all through more than a few different incidents all through the length.

    The BJP-led Himanta Biswa Sarma executive used to be put in on Would possibly 10 closing 12 months.

    Previous, the courtroom had ordered the federal government to record an in depth affidavit at the alleged faux encounters by means of the police. The courtroom fastened the following listening to for July 29.

    Assam’s Suggest Common, Devajit Saikia had represented the State. Arif Jwadder, a Delhi-based legal professional and activist, had gave the impression nearly.

    Jwadder had sought an order for the registration of an FIR within the circumstances and an impartial probe by means of an company such because the Central Bureau of Investigation. He had additionally sought a judicial inquiry by means of a sitting pass judgement on of the Prime Courtroom.

    The Assam Police had stepped up their operations towards drug sellers/peddlers and livestock lifters/smugglers after Sarma had donned the CM’s mantle. He had introduced an operation, particularly towards medicine.

    Over the following few months, the Assam Police seized medicine price over Rs 200 crore and arrested dozens of folks. On the other hand, a lot of them sustained bullet accidents after allegedly making an attempt to flee from police custody with the firearms of the workforce. The police had lower quick their run by means of firing within the legs.

    Some rape accused in police custody had been additionally fired upon and injured once they had allegedly attempted to escape with police firearms. Two others, arrested at the fees of lynching a pupil chief and burning down a police station, had died after being hit by means of police automobiles once they had been allegedly making an attempt to escape.

    The federal government used to be criticised by means of the opposition for turning Assam right into a “police state” however Sarma stated the police movements towards the criminals would proceed.

  • Gauhati HC CJ Dhulia, Justice Pardiwala of Gujarat HC take oath as SC judges as apex court docket reaches its complete energy of 34 judges

    By means of PTI

    NEW DELHI: The Ultimate Courtroom on Monday regained its complete energy of 34 judges as Leader Justice of Gauhati Prime Courtroom Justice Sudhanshu Dhulia and Gujarat Prime Courtroom choose Justice Jamshed B Pardiwala took oath as apex court docket judges right here.

    Leader Justice of India (CJI) N V Ramana administered the oath of place of work to justices Dhulia and Pardiwala all through a serve as on the newly-built auditorium of the extra development advanced of the apex court docket.

    With the appointment of Justice Dhulia and Justice Pardiwala, the highest court docket regained its complete energy of 34 judges, which had come right down to 32 after the retirement of Justice R Subhash Reddy on January 4 this 12 months.

    Justice Pardiwala will move directly to function the CJI for over two years, resources acutely aware of the process to nominate individuals of the upper judiciary stated.

    Justice Dhulia, who would be the 2nd choose to be increased from Uttarakhand, is the sibling of nationwide award-winning movie director and actor Tigmanshu Dhulia.

    He’ll have a tenure of slightly over 3 years.

    After the apex court docket collegium headed by means of the CJI really helpful the names of the 2 prime court docket judges, the Union Legislation Ministry all of a sudden processed the recordsdata on Saturday final which resulted in the issuance of the warrant of appointment similar day from the place of work of President Ram Nath Kovind.

    The CJI, with the appointment of 2 extra judges, has created a historical past of varieties by means of administering oath of place of work to 11 apex court docket judges up to now.

    Justice Pardiwala would be the fourth choose from the Parsi group to embellish the highest court docket bench and the primary prime court docket choose from the minority group who has been increased within the final 5 years, after Justice S Abdul Nazeer.

    Justice Nazeer was once increased to the Ultimate Courtroom in February 2017.

    Justice Dhulia, born on August 10, 1960, is from Madanpur, a faraway village situated in Pauri Garhwal district of Uttarakhand.

    He joined the Bar at Allahabad Prime Courtroom in 1986.

    An alumnus of Sainik Faculty, Lucknow, he did his commencement and Legislation from the College of Allahabad.

    Justice Dhulia was once the primary leader status recommend within the Prime Courtroom of Uttarakhand and was once later an extra suggest common, and was once increased because the choose in the similar prime court docket in November 2008.

    He later changed into the executive justice of the Prime Courtroom of Assam, Mizoram, Nagaland, and Arunachal Pradesh on January 10, 2021.

    Justice Pardiwala, born on August 12, 1965, began training legislation within the Prime Courtroom of Gujarat in 1990.

    The CJI, who himself will demit place of work on August 26 this 12 months, has been a hit in evolving consensus within the five-judge collegium to unanimously suggest a file choice of 11 names up to now, since August final 12 months.

    The apex court docket, which didn’t get a unmarried choose after the superannuation of the then CJI Ranjan Gogoi on November 17, 2019, had 9 current vacancies when CJI Ramana took over, and the prime courts had round 600 vacancies.

    The collegium then ensured the filling up of 9 vacancies within the Ultimate Courtroom in August final 12 months in a single move, and Justice B V Nagarathna, one in every of 3 ladies judges, would grow to be the primary girl CJI.

    The 12 months 2022 goes to be the second one 12 months because the inception of the highest court docket in 1950 which can see 3 other CJIs in as many months.

    The incumbent CJI, who will demit place of work on August 26, might be succeeded by means of Justice Uday Umesh Lalit having a tenure of slightly over two months.

    Justice Lalit’s retirement in November will pave the best way for Justice D Y Chandrachud to take over as head of the judiciary for a time period of slightly over two years.

    The highest court docket would see extra vacancies quickly with the retirement of Justices Vineet Saran and L Nageswara Rao on Might 10 and June 7 respectively.

    Justices AM Khanwilkar and Indira Banerjee can be demitting places of work in July, and September this 12 months respectively.

  • Gauhati HC upholds Assam’s new madrassa regulation

    By means of Categorical Information Provider

    GUWAHATI: The Gauhati Prime Court docket on Friday upheld the Assam Repealing Act of 2020 that repealed the Madrassa Training Provincialisation Act.

    The state meeting had in 2020 handed the Assam Repealing Act of 2020 to transform the state-funded Madrassas into basic colleges.

    Brushing aside a writ petition, a department bench comprising Leader Justice Sudhanshu Dhulia and Justice Soumitra Saikia stated the declare of the 13 petitioners that the state-funded Madrassas are minority establishments and had been established and administered by way of the minority had no basis and as such, unacceptable.

    “The Madrasas in query, that are wholly maintained out of State price range, can’t impart non secular directions with regards to the mandate of Article 28(1) of the Charter of India,” the courtroom noticed.

    Recommend Normal Debajit Saikia had submitted to the courtroom that the adjustments effected by way of the state govt affected most effective the state-funded provincialised Madrasas. He had argued that the brand new regulation had no bearing at the functioning of the “Group Madrasas”, “Qawmi Madrasas” or “Maktabs”.

    Leader Minister Himanta Biswa Sarma hailed the courtroom’s judgement.

    “Department Bench of Hon’ble Gauhati Prime Court docket in a landmark judgment delivered nowadays upheld the Act of 2020 to repeal Madrassa Training Provincialisation Acts and likewise upheld all different notifications to transform 397 provincialised madrassas to basic tutorial establishments,” he tweeted.