HC halts bypolls in 5 T.N. Assembly constituencies
The Madras High Court on Friday restrained the Election Commission (EC) from notifying byelections to the Tiruchi East, Perundurai, Ambasamudram, Viralima lai, and Karur Assembly constituencies until July 31. The elected representa tives have resigned, but their victories are under challenge before the court. After hearing all of the arguments, the Chief Justice’s Bench said that in matters touching upon the purity of the democratic process, a narrow and pedantic interpretation of locus standi could not be applied. The judges, however, agreed that the AG’s nuanced arguments concerning the date on which the vacancy had arisen compared with the dates on which the election petitions had been filed required a deeper examination.
Court defers proceedings in Shraddha Walkar murder case
A Delhi court on Thursday deferred proceedings in the 2022 Shraddha Walkar murder case scheduled for July 20 after the accused, Aaftab Amin Poonawala, sought exemption from personal appearance, citing his M.A. examination at Tihar Jail on that day. Additional Sessions Judge Hargurvarinder Singh Jaggi allowed the application and directed that the recording of prosecution evidence would commence on July 21 at 2 p.m. In his application, Mr. Poonawala informed the court that he would appear for an Indira Gandhi National Open University examination at the prison’s designated examination centre from 2 p.m. to 5 p.m. on July 20 and sought exemption.
GBA moves SC to postpone civic elections in Bengaluru
The Greater Bengaluru Authority (GBA) has urged the Supreme Court to ex tend the deadline for con ducting the elections to 369 wards across five city corporations in Bengaluru by four months — from August 31 to December 31 — citing “severe logistical challenges” owing to the ongoing Special Intensive Revision in Karnataka. Application filed by the Chief Commissioner of the GBA follows stringent observations made by the court in a May 20 hearing, accusing the local body of even employing “delaying tactics” to postpone the civic polls. The time limit for the civic polls had earlier been June 30. The court, on May 20, had said this would be GBA’s “last chance”, and specifically barred further extensions of time for the conduct of the elections.
SC pulls up Maharashtra govt. over ‘disturbing’ delays in criminal trials
The Supreme Court on Friday observed that it was “disturbing” that the Maharashtra government routinely opposed bail applications “tooth and nail” but failed to discharge its obligation of ensuring that criminal trials were con ducted without undue delay. A Bench comprising Justices Ahsanuddin Amanullah and Sheel Nagu was hearing an appeal filed by a foreign national challenging a Bombay High Court order rejecting his bail ap plication in a case involving charges of murder and rioting. The Bench noted that he had remained in custody for over four years, during which only two of the 45 prosecution witnesses had been examined. The Bench accordingly directed the Maharashtra government to place on record an affdavit explaining the reasons for the pro longed pendency of the trial. “In the said affidavit, the State will come out with a specific policy of how it proposes to deal with such a situation,” the Bench ordered.
Maternity leave is a Constitutional right, not State charity: Jammu and Kashmir High Court
The High Court of Jammu and Kashmir and Ladakh recently ruled that the maternity leave cannot be reduced to a matter of charity and that it is an unassailable constitutional right anchored in the dignity of women in Dr. Sonakshi Gupta & Ors. v. UT of J&K. Justice Rajnesh Oswal made the observation while dealing with a petition filed by several doctors engaged in government medical colleges, challenging a communication that stopped payment of their salaries during maternity leave.
The Court held that once the government extends maternity leave under its rules, it cannot deny women doctors their salaries during the leave period through an executive communication. The Court termed the government communication under challenge an instance of administrative overreach and underscored that rights to paid maternity leave cannot be defeated simply by executive fiat.
Delhi High Court flags trend of adding rape charges to matrimonial disputes to force settlements
The Delhi High Court on Friday flagged a growing trend of women leveling severe sexual misconduct charges in matrimonial disputes to force their in-laws into settling the cases with hefty amounts of money. Justice Girish Kathpalia made the observation while staying trial court proceedings against two brothers-in-law of a woman who had accused them of rape and cruelty. The Court found substance in the arguments that severe charges like rape (Section 376 IPC) and molestation (Section 354A IPC) are increasingly being added to bypass restrictions on automatic arrests in dowry harassment cases.
Posters attempting to alienate J&K residents from India sufficient to attract UAPA: J&K High Court
Posters containing material that makes a deliberate attempt to alienate residents of Jammu and Kashmir from the rest of India would be sufficient to attract offences under the Unlawful Activities (Prevention) Act [UAPA], the Jammu and Kashmir High Court recently held in Adnan Bashir Bangroo V/s Union Territory of J&K. A Division Bench of Justice Rajnesh Oswal and Justice Sanjay Parihar observed that the contents of the recovered posters disclosed “a deliberate attempt” to alienate residents of Jammu & Kashmir from the rest of the country and spread disaffection against the nation. The Bench also held that the prosecution had placed sufficient material on record to raise a prima facie presumption that the accused were part of a larger conspiracy involving a Pakistan-based handler and members of the banned terrorist outfit TRF, making interference with the order framing charges unwarranted.
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