Police's Condition In Uttar Pradesh Is A Mess: Allahabad High Court Orally Rebukes Noida Cops Over Man's Illegal Detention

The police's condition in this state is a mess; the officers think they can do anything and get away with it : HC said

S. 38 BNSS | Police Must Inform Suspect Of Right To Counsel During Interrogation Even Before Formal Arrest: Allahabad High Court

The Allahabad High Court observed that, under Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police have a duty to inform a suspect of his right to have counsel of his choice present during interrogation, even before he is formally arrested. A Bench of Justice Atul Sreedharan and Justice Achal Sachdev held that the police cannot avoid this safeguard by keeping a suspect formally unarrested and interrogating him at the police station. The Court made the observation while...

No Record Of Property Being Enemy Or Evacuee Property, State Can't Stop Construction On Mere Allegations: Allahabad High Court

The Allahabad High Court has held that the State cannot stop construction on a land by merely alleging it to be evacuee property, without placing on record any document showing that the property was registered as evacuee property or that proceedings for its registration are pending.The bench of Justice Prakash Padia and Justice Vivek Saran held,“Since the respondents State has not brought...

Special TET For In-Service Teachers Doesn't Confer Preference In Future Recruitment, Doesn't Violate Articles 14, 16: Allahabad High Court

The Allahabad High Court has held that the decision of the State of Uttar Pradesh to conduct a Special Teacher Eligibility Test (TET) for in-service teachers does not violate Articles 14 and 16 of the Constitution of India. The Court held that the special examination only enables such teachers to acquire the qualification which the Supreme Court has declared mandatory for them, and confers...

PITNDPS Act | Detenu Must Be Specifically Informed Of Right To Represent To Detaining Authority: Allahabad High Court

The Allahabad High Court has held that a person detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS Act) must be specifically informed of his right to make a representation to the detaining authority.The Court held that merely informing a detenu of his right to make a representation to the State Government is insufficient, even where the same officer passed the detention order while acting in a different capacity. A Bench of Justice Atul...

Suit Not Liable To Dismissal For Want Of Permission To Sue In Representative Capacity, But Outcome Binds Only Parties: Allahabad High Court

The Allahabad High Court has held that a suit filed in a representative capacity under Order 1 Rule 8 CPC is not liable to be dismissed merely because the permission of the Court was never sought. It held that the only consequence is that it is treated as a suit by the plaintiffs alone, binding only the parties to it.Justice Saurabh Shyam Shamshery held,“As referred above, purpose of Order...

'Fruit Of Poisonous Tree': Subsequent Arrest, Remand Cannot Cure Illegal Detention, Holds Allahabad High Court; Awards ₹30K Compensation

Applying the 'Fruit of the Poisonous Tree' doctrine in the context of constitutional protections under Articles 21 and 22, the Allahabad High Court has held that a subsequent formal arrest and remand cannot legitimize an earlier illegal detention.A Bench of Justice Atul Sreedharan and Justice Achal Sachdev held that where the initial detention of a person is unlawful, a subsequent arrest, even if otherwise supported by valid grounds, and the remand proceedings flowing from it would also stand...

Allahabad High Court Initiates Suo Motu PIL Over Town Planning Gaps, Says Amenities Must Be Planned For Future Needs

The Allahabad High Court has initiated a suo motu Public Interest Litigation (PIL) into gaps in town planning, particularly the failure to earmark space for garbage dumping/collection and to install transformers while preparing layout plans for cities, towns, and colonies.A Bench of Justice Rajan Roy and Justice Manjive Shukla observed that the issue requires consideration because it concerns town planning and affects the "healthy, hygienic and safe living" of residents in colonies...

Marital Estrangement Not By Itself Ground For Abortion Under MTP Rules: Allahabad High Court Dismisses Woman's Plea

The Allahabad High Court has held that marital estrangement, by itself, cannot be treated as a ground for medical termination of pregnancy under the Medical Termination of Pregnancy Rules, 2003 (as amended in 2021). The Court said ordinary matrimonial differences cannot be equated with a change in marital status, such as 'divorce' or 'widowhood', which Rule 3B(c) specifically mentions in...

Mandatory ANPR Cameras At NCR Petrol Pumps: Allahabad High Court Questions State's Power To Force Retailers To Bear The Cost

The Allahabad High Court last week questioned whether petrol and diesel retail outlet owners in the National Capital Region (NCR) can be compelled to bear the cost of installing Automatic Number Plate Recognition (ANPR) cameras pursuant to a State Government direction issued in compliance with directions of the Commission for Air Quality Management (CAQM).A bench of Justice JJ Munir and...

Acting Contrary To Departmental Expectation Not Misconduct If It Was A Bonafide Exercise Of Judgment: Allahabad High Court

The Allahabad High Court has held that an officer who acts in good faith, with no trace of corrupt intent or personal gain, is not guilty of misconduct merely because the stand he took ran contrary to what his department expected of him. Quashing the charge sheet issued to a senior officer who gave his “no objection” to a C.B.I. closure report before the Special (CBI) Court, Kolkata,...

UP Police Fail To Trace Missing Woman Of Unsound Mind For Over 2 Years, Allahabad High Court Transfers Probe To CBI

The Allahabad High Court has transferred to the Central Bureau of Investigation (CBI) the investigation into the disappearance of a 42-year-old woman after the Uttar Pradesh Police failed to trace her for more than two years. A bench of Justice Sandeep Jain passed the direction after noting that despite the best efforts made by the police personnel, the woman, Sudama Devi, could not be traced...