HIGH COURT APRIL 2024 WEEKLY ROUNDUP| Stories on Arrest of Arvind Kejriwal; AMUL as ‘Well-Known Trade mark’; Puthiyakavu Temple blast; and more
A quick legal roundup to cover important stories from all High Courts this week.
UAPA
Read why Allahabad HC granted bail to Siddique Kappan’s co-accused Masood in UAPA Case
Allahabad High Court noted that Masood has been languishing in jail since 05-10-2020. Further, it said that there is not even a prima facie case, establishing the complicity of Masood and the nature and gravity of charges and the absence of criminal history on his part require his release on bail.
Supreme Court finds HC judgment prima facie well-reasoned; refuses to stay acquittal of GN Saibaba and others
Supreme Court, while refusing to interfere with the acquittal order, also pointed out the fact that all 6 people had been acquitted twice by the different Benches of Bombay High Court.
Supreme Court illuminates on bail under Section 43D (5) of UAPA against general rule of CrPC
Supreme Court observed that “mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail.”
Supreme Court adjourns Umar Khalid’s bail plea in Delhi Riots case to January 24
Supreme Court said that no further adjournment shall be granted on the next hearing.
Supreme Court sets aside Delhi High Court order granting default bail to man accused under UAPA
Supreme court said that offences involving terrorist activities having not only Pan India impact but also impact on other enemy States, should not have been taken so lightly.
[Parliament Security Breach] Delhi High Court stays Trial Court direction to Delhi Police to supply FIR copy against accused Neelam Azad
As per reports, the complaint concerns a security violation that happened on 13-12-2023 at zero hour when two young people surged into the Lok Sabha chamber, igniting smoke cans and hurling slogans like ‘ye tanashahi nahi chalegi’.
Know Thy Judge | Justice Siddharth Mridul, 7th Chief Justice of Manipur High Court
Justice Siddharth Mridul started his legal career in 1986 from Delhi High Court and for 37 years served the Court in the capacity of an Advocate and then a Judge. In October 2023, Justice Mridul took charge as the 7th Chief Justice of Manipur High Court.
Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC
The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.
2023 SCC Vol. 8 Part 5
Chandigarh Estate Rules, 2007 — R. 16 and second proviso thereto: Fragmentation/division/bifurcation/apartmentalisation of residential units in Phase I of Chandigarh is not
NIA Special Court grants bail to General Secretary of Social Democratic Party of India alleged to be a member of Popular Front of India (PFI)
The Court stated that the objections raised by respondent that if petitioner was released on bail then he may abscond to evade criminal justice, are untenable because the petitioner is a Secretary for SDPI political party.
HIGH COURT OCTOBER 2023 WEEKLY ROUNDUP| Stories on West Bengal post-Panchayat Polls violence; Pulse candy case; T.I.M.E. trade mark case; and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras HC issues notice to NIA over filing petition seeking extension of remand order under UAPA at the “eleventh hour”
The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.
Delhi High Court denies bail to alleged terrorist on conditions under Section 43D (5) UAPA being satisfied
There is a reasonable possibility that the appellant was one of the links in the network of people who were cognizant of the plan to trigger terrorist activity by using such bombs and explosives and causing loss of life.
“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court
The Court was deliberating over an appeal challenging the rejection of bail to the accused charged under IPC and UAPA for being actively involved with the ‘KG Halli Riots’ in Bengaluru.
Justice M.R. Shah Retires: A Look at his Dynamic Tenure and Decisions
After an active tenure of 4.5 years at the Supreme Court, which includes authoring of nearly 700+ decisions, Justice Mukeshkumar Rasikbhai Shah retires today.
Explained| Why SC sets aside Bombay HC order acquitting Prof GN Saibaba and others in UAPA Case
The Court directed to remit the matter back for fresh disposal before another bench of the High Court.
UAPA Judgment| Justice Sanjay Karol’s opinion on reliance on American decisions to read down Section 10 UAPA
Supreme Court said that a stand of whichever court, cannot be allowed to stand, if it is in ignorance of constitutional provisions
Explained| Supreme Court’s verdict upholding Constitutionality of S. 10(a)(i) of the UAPA, 1967
Supreme Court said that the object and purpose of the enactment of UAPA is to provide for more effective prevention of certain unlawful activities. To punish such a person who is continued as a member of such unlawful association which is declared unlawful due to unlawful activities can be said to be in furtherance of providing for effective prevention of the unlawful activities.
Mere membership of a banned association is sufficient to constitute an offence under UAPA; Supreme Court upholds the Constitutional validity of S. 10(a)(i) UAPA
Supreme Court’s full bench declared the judgments in Arup Bhuyan, Indra Das and Raneef to be bad in law. Also, the High Courts Judgments which followed these precedents were overruled