Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance

Rajasthan High Court has directed that all the facilities, accommodations, permissions and medical arrangements that were made available to the rape convict, Asaram, by the earlier orders of high court and Supreme Court, shall continue to remain operative in the same manner, after his appeal against conviction was dismissed by court.Asaram had moved the high court seeking restoration of...

Supreme Court Lays Down Principles For Psychological Evaluation Of Children In Custody Disputes

The Supreme Court today laid down a set of broad principles for courts dealing with requests for psychological or psychiatric evaluation of children in custody, visitation and parental access disputes, holding that “minimum intrusion” into a child's life should be the norm and courts must remain sensitive to the risk of re-traumatisation.A bench of Justice Sanjay Karol and Justice N...

Courts Must Order Psychological Assessment Of Child Only If Necessary; Minimum Intrusion Should Be Norm: Supreme Court

The Court reiterated that children who suffered sexual abuse should not be exposed to processes that may cause secondary victimisation.

Doctrine Of Forum Non Conveniens Rarely A Ground To Deny Writ Jurisdiction Under Article 226(1): Supreme Court

The Supreme Court has held that the doctrine of forum non conveniens would not ordinarily apply when a litigant invokes the jurisdiction of a High Court under Article 226(1) of the Constitution, which allows writ petitions to be filed against authorities located within the territorial jurisdiction of that High Court.The doctrine of forum non conveniens permits a court that otherwise...

Habeas Corpus Not Maintainable When Person Is In Statutory Custody Under Multiple FIRs Disclosing Cognizable Offences: MP High Court

The Madhya Pradesh High Court had said where a person is under statutory arrest pursuant to multiple FIRs disclosing cognizable offences the remedy of habeas corpus cannot be granted specially wherein previous detention orders had been revoked and the person is not under illegal detention. The division bench of Justice Vivek Agarwal and Justice Ratnesh Chandra Singh Bisen observed:"Second...

Magistrates, Cops Personally Liable To Compensate For Illegal Preventive Detention : Allahabad High Court Issues Guidelines

The Court ordered the payment of Rs 75,000 to an advocate who was illegally detained for 3 days, and directed recovery of the amount from the erring official.

Freezing Bank Account Without Proving Account Holder's Involvement In Criminal Case Adversely Affects Fundamental Rights: Gujarat High Court

Directing the de-freezing of a man's bank account, the Gujarat High Court observed that while investigating agency has power to direct freezing, however without specifying the quantum of suspected amount or without establishing involvement of the account holder in any criminal activity, results in adversely affecting his fundamental rights.The court was hearing a man's plea seeking de-freezing...

'Preventive Detention Not Sustainable Upon Mere Suspicion': P&H High Court Quashes Detention Under PIT-NDPS Act

The Punjab and Haryana High Court has set aside a preventive detention order passed under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PIT NDPS Act), on several grounds including that unexplained and inordinate delay at multiple stages vitiated the detention.Justice Vinod S. Bhardwaj said, "Preventive detention would not be sustained upon a...

Contractual Employee Cannot Claim Protection Under Article 311; J&K&L High Court Upholds Termination Over Unsatisfactory Performance

The High Court of Jammu & Kashmir and Ladakh has held that a contractual employee engaged under the Ex-Servicemen Contributory Health Scheme (ECHS) cannot claim the constitutional protection available to holders of civil posts under Article 311 of the Constitution.The Court observed that where a contract expressly permits termination on account of unsatisfactory performance or lack...

Allahabad HC Declares Supreme Court Rulings In 'Vihaan Kumar', 'Pankaj Bansal', 'Prabir Purkayastha', 'Mihir Shah' Etc Non-Binding

The Court observed that these judgments enabled an accused to challenge illegality in initial arrest/remand even after trial has started.

'Dignity Extends Beyond Death': Allahabad HC Steps In As Stray Animals Desecrate Human Remains At Lucknow Crematorium

The Allahabad High Court has directed the Lucknow authorities to carry out immediate repair and renovation work at a public crematorium after instances of desecration of human remains by stray animals were highlighted in a Public Interest Litigation (PIL) plea. Stressing that the "right to live with human dignity extends beyond death", a bench of Justice Shekhar B Saraf and...

Unilaterally Revoking Building Permission After Substantial Construction Without Proof Of Fraud Violates Right To Property: MP High Court

While quashing the revocation of building permission and demolition order issued by Indore Municipal Corporation, Madhya Pradesh High Court observed that once the body had granted valid building permission upon which parties undertook construction, it cannot subsequently revoke the permission in the absence of any proof of fraud.In doing so the court said, that such conduct would violate...