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The Campaign for Judicial Accountability and Reforms (CJAR) has called for Justice Yadav's suspension and an in-house investigation into his conduct
Lawyer and convenor of the NGO, Campaign for Judicial Accountability and Reforms, Prashant Bhushan on Tuesday wrote a letter to Chief Justice of India Sanjiv Khanna seeking an in-house enquiry into the conduct of Justice Shekhar Kumar Yadav of the Allahabad High Court. The call comes in the wake of remarks made by Justice Yadav at a Vishva Hindu Parishad (VHP) event, which the NGO alleges breached judicial ethics and violated the constitutional principles of impartiality and secularism. The judge had said the main aim of the Uniform Civil Code is to promote social harmony, gender equality and secularism. "The main objective of the Uniform Civil Code is to promote social harmony, gender equality and secularism by eliminating unequal legal systems based on different religions and communities," he had said, according to a release issued by the VHP. "A Uniform Civil Code refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance,
The Supreme Court on Wednesday observed that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act appeared to be "draconian". The observation by a bench of Justices B R Gavai and K V Viswanathan came while it was hearing a plea filed by a man who has challenged a May 2023 Allahabad High Court order dismissing his application seeking to set aside proceedings against him pending before a district court in Kasganj in a case registered under the Act. "This Act appears to be draconian," the apex court observed. "We will consider it," the bench said while admitting the appeal. While hearing the matter in November last year, the SC had sought responses from the Uttar Pradesh government and others on the plea and said, "By way of ad-interim order, no coercive steps be taken against the petitioner qua Gangster Act." On Wednesday the petitioner's counsel said he has been booked in the case under the provisions of the 1986 Act on allegations of illegal mining in the Ganga
The Allahabad High Court has directed Prayagraj Police Commissioner Tarun Gauba and other police officers to appear before it on December 10 on a contempt petition and apprise the court as to what action has been taken against the policemen who delayed in lodging of FIR despite a complaint moved by the applicant. Hearing a contempt petition filed by one Balram Yadav, Justice Salil Kumar Rai directed to list this case for the next hearing on December 10. The applicant had moved a complaint before Ghurpur Police Station, Prayagraj, alleging that one Arpit, who is representative of an MLA, had attacked his father earlier on September 25 in which he died. The applicant, however, alleged that the FIR was not registered due to political pressure which is violation of the court's guidelines. As per previous direction of the high court, the Commissioner of Police, Prayagraj, DCP, Yamuna Nagar, Prayagraj, and other police officials appeared before the court on November 28. They filed an ..
The Allahabad High Court has held that appointment to a government post cannot be denied to a candidate merely because he has been implicated in a dowry case. Justice J J Munir observed, "Given the social conditions prevalent in society, while women do become victims of cruelty in their matrimonial homes, it is equally true, and by now, judicially acknowledged, that for slight or no infraction, the entire family of the husband is either reported to the police or brought before the criminal court by a disenchanted wife or her relatives, alleging cruelty." "Should in a case like this, a candidate selected for his merit through a public examination, who otherwise has a clean image and is part of the mainstream society, be banished from the privileges of public employment?" the court added. Petitioner Baba Singh had applied for the post of assistant boring technician in the Minor Irrigation Department of Uttar Pradesh. He appeared in the relevant examination and cleared it. He was then
Bench said it will also hear same-day other petitions relating to the case, including an application to consolidate all suits and transfer them from the Varanasi district court to the Allahabad HC
The Allahabad High Court on Tuesday adjourned the hearing in a petition challenging the Varanasi judge's last October order that refused to direct the Archeological Survey of India to conduct a survey of the Wazukhana (ablution) area inside the Gyanvapi mosque located by the Kashi Vishwanath temple. The court posted the matter for hearing on November 8 in the petition which is seeking the survey of the Wazukhana area, barring the structure which the Hindu side calls a Shivling and the Muslims describe as a fountain. The order was passed by Justice Rohit Ranjan Agarwal while hearing a civil revision filed by Rakhi Singh, one of plaintiffs. The revision has challenged the Varanasi district judge's order dated October 21, 2023 refusing to direct the ASI to undertake a survey of the Wazukhana. Rakhi Singh is one of the plaintiffs in Sringar Gauri worshipping suit being heard at Varanasi court. She has pleaded that the survey of the Wuzukhana area is necessary in the interest of justic
The High Court of Allahabad will start the registration procedure for Group C and D posts on October 4, 2024. Applicants can find the direct link on the official website at allahabadhighcourt.in
The central government on Monday informed the Allahabad High Court that it has received a representation filed under the Citizenship Act 1955 alleging Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi had British citizenship. However, Deputy Solicitor General of India SB Pandey sought more time to place before the high court bench the status of action on the representation moved by S Vignesh Shishir. Justices Rajan Roy and Om Prakash Shukla of the Lucknow bench had asked the Centre to apprise the court of the status of the representation after Shishir, a BJP worker hailing from Karnataka, filed a Public Interest Litigation (PIL) stating that no action has been taken by the Centre in the matter. The bench fixed October 24 for next hearing. In the PIL, the petitioner claimed that he made detailed enquiries into the issue of Rahul Gandhi being a British citizen and had several new inputs. He claims to have accessed confidential emails from the UK Government and these
Declining Allahabad High Court judge Justice Shamim Ahmed's request for reconsideration of his transfer to the Madras High Court, the Supreme Court Collegium on Friday reiterated his transfer for better administration of justice. According to a resolution uploaded on the apex court website, on August 21, 2024, the Collegium, headed by Chief Justice D Y Chandrachud and comprising Justices Sanjiv Khanna, B R Gavai, Surya Kant and Hrishikesh Roy, proposed the transfer of Justice Ahmed. "In terms of the Memorandum of Procedure, we have consulted one of the Judges of the Supreme Court who, being conversant with the affairs of the High Court of Judicature at Allahabad, is in a position to offer views on the proposed transfer. "We have also consulted the Chief Justice of the High Court of Judicature at Allahabad and the Acting Chief Justice of the Madras High Court. Mr Justice Shamim Ahmed, however, by a representation dated 22 August 2024 has requested reconsideration of the proposal for
An ASI survey of the Gyanvapi Mosque Wazukhana is not permissible as there is a Supreme Court order that the area should be preserved, the mosque management committee has told the Allahabad High Court. The Anjuman Intezamia Committee Thursday filed a counter-affidavit before the Allahabad HC in the matter seeking a survey of the Wazukhana (or ablution area) by the Archaeological Survey of India (ASI). It has been stated in the counter-affidavit that the matter relating to Wazukhana and 'Shiv Linga' is already pending before the Supreme Court and there is a stay order operating that the area be preserved, and the responsibility for its safety and security has been handed over to the District Magistrate, Varanasi. "Hence, any further action is not permissible. Instead, the petitioner should approach the apex court to seek clarification of its 2022 order," the counter-affidavit said. "In this backdrop, the District Judge, Varanasi has rightly rejected the application of Hindu side on
The Allahabad High Court has refused to quash criminal proceedings against six people accused of carrying a tricolour with Quranic verses during a religious procession, saying such incidents could be exploited by those who seek to create communal discord. Dismissing the petition filed by Gulamuddin and five others, Justice Vinod Diwakar said the act was punishable under the Flag Code of India, 2002, and there was a violation of the Prevention of Insults of National Honour Act, 1971. Stressing that the tricolour symbolises unity and diversity of the nation, transcending religious, ethnic and cultural differences, the court observed, "It is a unifying emblem representing the collective identity and sovereignty of India. Act of disrespect towards the 'tiranga' can have far-reaching social cultural implications, particularly in a diverse society like India." Such incidents could be exploited by those who seek to create communal discord or fuel misunderstandings between different ...
The Supreme Court on Wednesday agreed to hear a fresh plea filed by the CBI challenging the Allahabad High Court's verdict that acquitted Surendra Koli in the sensational 2006 Nithari serial killings case. A bench of Justices B R Gavai and K V Viswanathan tagged the CBI's plea with some other petitions pending in the apex court against the high court order of October 16, 2024. On July 19, the top court had agreed to hear separate pleas filed by the Central Bureau of Investigation (CBI) and the Uttar Pradesh government against the high court verdict. It had also issued a notice and sought a response from Koli on the petitions. The apex court had in May agreed to hear a plea filed by the father of one of the victims challenging the high court's verdict acquitting Koli in one of the cases. In this case, Moninder Singh Pandher was acquitted by the sessions court while Koli was awarded the death penalty on September 28, 2010. The high court had acquitted domestic help Pandher and his .
The Supreme Court on Monday said it will list for final hearing the pleas challenging the Allahabad High Court order that had scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004, calling it "unconstitutional" and violative of the constitutional principle of secularism. The top court had on April 5 stayed the high court judgement, saying the issues raised in seven petitions against the verdict merited closer reflection. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra said it will list the pleas for final disposal on August 13. It also appointed lawyer Ruchira Goel as nodal counsel for ensuring filing of common compilation of documents in electronic form. Senior advocate Abhishek Singhvi, appearing for one of the petitioners, said a contempt petition against the state government has also been filed. "Should we list these for final disposal next Tuesday?... Once we have granted the order of stay then we can list these for final .
Allahabad High Court dismissed a plea challenging the 18 pleas filed by Hindu worshippers seeking the restoration of the Lord Krishna temple in the place currently occupied by the Shahid Eidgah mosque
The Allahabad High Court on Monday set aside the Ghazipur court order sentencing Samajwadi Party MP Afzal Ansari to four years' imprisonment under the Gangsters Act over the murder of BJP MLA Krishnanand Rai in 2005. With the high court allowing the plea against his conviction, the SP MP can now continue as a member of Parliament. The court also dismissed pleas by the UP government and Piyush Kumar Rai, Krishnanand Rai's son, seeking enhancement of the Ghazipur MP's sentence. The high court's judgment was passed by Justice S K Singh.
The Allahabad High Court has held that the 'no work-no pay' formula is not applicable on those Uttar Pradesh government employees who have been reinstated after full exoneration. Allowing a writ petition filed by one Dinesh Prasad, Justice Salil Kumar Rai held that the rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been fully exonerated from all charges in enquiry is entitled to full pay for the period of dismissal once he is reinstated. It further provides that such period of dismissal shall be treated as period on duty in service. "It is apparent that on his reinstatement after the order of dismissal or removal is set aside, a government servant cannot be denied his entire pay and allowances for the period he was out of service," the court said on Tuesday, allowing the petition. The court held that the quantum of amount which is payable to such employee will depend upon the nature of exoneration from the charges. It was he
The Supreme Court on Friday agreed to hear separate pleas filed by the CBI and the Uttar Pradesh government challenging the Allahabad High Court's verdict acquitting Surendra Koli in the sensational 2006 Nithari serial killings case. A bench of Justices B R Gavai, K V Viswanathan, and N Kotiswar Singh issued a notice and sought a response from Koli on the petitions and tagged them with similar pleas which are already pending before the apex court. "Notice. Tag," the bench said. The top court on July 8 sought a response from Koli on separate pleas filed by the Central Bureau of Investigation (CBI) against the high court's October 16 last year verdict. The apex court in May agreed to hear a plea filed by the father of one of the victims challenging the high court's order acquitting Koli in the case. In this case, Moninder Singh Pandher was acquitted by the sessions court while Koli was awarded the death penalty on September 28, 2010. The high court had acquitted domestic help Koli
Allahabad High Court mandates identification and aid for homeless people in Uttar Pradesh, stresses human dignity and legal rights, in response to a Public Interest Litigation
The Supreme Court on Friday refused to entertain a PIL seeking a probe into the Hathras stampede that left 121 dead, and asked the petitioner to move the Allahabad High Court. A bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra said such incidents are disturbing but the high courts are equipped to deal with such cases. "Of course, these are disturbing incidents. This (filing of PIL) is usually done here to make a big deal of such incidents. The high court is equipped to deal with this case. Dismissed," the bench said. It asked lawyer and petitioner Vishal Tiwari to move the Allahabad High Court and disposed of the PIL. Tiwari said the issue regarding the non-availability of proper medical facilities to deal with such incidents is a pan India concern and the PIL can be dealt with by the Supreme Court also. The CJI rejected the submission. The plea had sought the appointment of a five-member expert committee under the supervision of a retired