Allahabad High Court Weekly Round Up [September 11-17, 2023]

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1. [Gyanvapi Title Dispute] While reexamining the Kashi Vishwanath-Gyanvapi land title dispute case, the Chief Justice's court on August 28 noted that after the cases were heard on several dates, the proceedings were concluded and judgment was reserved in the matter on March 15, 2023 by the bench of Justice Prakash Padia, however, the judgment was not delivered. "The cases nevertheless continued to be listed before the same court even after the concerned learned Single Judge ceased to have jurisdiction in the matter as per roster," Chief Justice underscored. The Chief Justice held that it was nothing but "procedural aberration and jurisdictional impropriety". 

Bench: Chief Justice Pritinker Diwaker

Case Title: Anjuman Intazamia Masazid Varanasi v. Ist A.D.J. Varanasi And Others and Connected matters

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2. [Saryu Express Case] The Allahabad High Court has ordered the Magistrate having jurisdiction over the Trauma Centre of KGMC, Lucknow to visit the woman police officer, who was on duty when she was brutally attacked inside Saryu Express on the intervening night of 30/31 August, and record her statement. Court also directed that the female officer also get examined by a Team of five Doctors comprising of three Senior Gynaecologists, one Surgeon and one Medicine of the KGMU, Lucknow and a report be submitted by the next date fixed in the matter. The woman cop was found in a deplorable state, in a pool of blood and unable to move, by some passengers who boarded Saryu Express from Ayodhya Junction at about 4:00 am.

Bench: Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava 

Case Title: Ram Kaushik v. Union Of India And 4 Others

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3. [DNA testing] The Allahabad High Court recently dismissed a writ petition filed by a man seeking direction for DNA test of a child to prove adultery allegations against his wife. Court opined that since the present proceeding was a civil proceeding and not a criminal trial or enquiry or investigation, it was not for the court to direct the parties to lead any particular evidence. "In any case, the Court may never pass any order or issue any direction to compel the parties to lead any evidence as may contain a possibility of demolishing its case/defence," it said. 

Bench: Justice Saumitra Dayal Singh and Justice Rajendra Kumar

Case Title: Sachin v. Sangeeta Devi

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4. [State Bar Council's limited authority] In a recent judgment, the Allahabad High Court addressed the scope of authority held by the Bar Council of Uttar Pradesh in compelling individual Bar Associations to grant or deny membership to advocates. Court said, "There is no statutory duty cast on the Bar Council to issue any direction to an independent Bar Association to revive/renew the registration or membership to any individual". The order was passed in a plea filed by two advocates before the high court seeking direction to the Kanpur Bar Association to comply with the order passed by the Vice-Chairman, the U.P. Bar Council to add their names to the Association's electoral list. The petitioners' counsel argued that Section 6(1)(d) of the Advocates Act, 1961 (the Act) clearly authorises the Bar Council of Uttar Pradesh to pass appropriate orders to safeguard the rights, privileges, and interests of advocates.

Bench: Justice Saumitra Dayal Singh and Justice Rajendra Kumar 

Case Title: Onkar Bajpai And Another v. The U.P. Bar Council And 2 Others

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5. [Election Petitions] The Allahabad High Court has recently observed that while delay in deciding election petition would result in loss of a legal battle of an Election-Petitioner, the Petitioner as well as the Court has to be more careful in making sure that such delay is not caused. Court made this observation while dealing with an election petition arising out of a dispute of General Election-2014.

Bench: Justice SS Shamshery

Case Title: Rajender Kumar vs. Kunwar Bhartendra Singh

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6. [Lawyers' strike] On Tuesday last week, taking note of the ongoing strike of the lawyers following the Hapur incident of alleged police brutality on advocates, the Allahabad High Court expressed its concern for the rights of the litigants. While adjourning the matters placed before him for a next date, a single judge bench pointed out that despite the due communication issued by the high court through the Registrar General on September 11, that arguments through Video Conferencing/ Virtual mode would be permissible from the next day, neither any lawyer physically appeared to argue the matters nor had any request for Video Conferencing was sent to the court. 

Bench: Justice Kshitij Shailendra

Case Title: Sunita Chaurasiya v. State Of U.P. And 8 Others 

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7. [Next Hearing In Gyanvapi Land Title Dispute] The Allahabad High Court will hear the pleas pertaining to the Kashi Vishwanath Temple-Gyanvapi land title dispute on September 18, 2023. The matter is being reexamined by the Chief Justice after the judgment in the same had been postponed last month and the cases were withdrawn from the bench of Justice Prakash Padia, on the administrative side, by the Chief Justice, for being heard all over again.

Bench:  Chief Justice Pritinker Diwaker

Case Title: U.P Sunni Central Waqf Board v. Ancient Idol Of Swayambhu Lord Vishweshwar And 5 Others and Connected matters

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8. [Hapur Incident] The Allahabad High Court has formed a committee to address the grievances raised by the lawyers in Uttar Pradesh following the incident of alleged Police violence on lawyers at Hapur on August 29, 2023. Court passed the order in an application moved by the Bar Council of Uttar Pradesh through its Secretary. After taking note of the grievances raised in the application dated September 9, 2023, the division bench said that it deemed appropriate to refer the application to the Committee chaired by Justice Manoj Kumar Gupta and consisting of Justice Rajan Roy, Justice Mohd. Faiz Alam Khan, Advocate General of Uttar Pradesh or his nominee, Chairman, Bar Council of Uttar Pradesh and President, High Court Bar Association.

Bench: Chief Justice Pritinker Diwaker and Justice Mahesh Chandra Tripathi 

Case Title: In Re v. State of UP

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9. [Committee Constituted By Allahabad HC To Address Lawyers' Grievances] A notice has been issued by the Senior Registrar (Judicial) of the Allahabad High Court that the Committee formed by the high court to address the grievances raised by the lawyers in Uttar Pradesh following the incident of alleged Police violence on lawyers at Hapur on August 29, 2023, will hold its first meeting on September 16, 2023.  Through the notice, the Committee has also asked the aggrieved persons/members of the public concerned with the Hapur incident to place their issues before it. 

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10. [Bail to man accused of damaging CM Yogi's image] The Allahabad High Court recently granted bail to a man accused of sending bogus messages to officers in the State government and trying to damage Chief Minister Yogi Adityanath's image. Court granted bail to Ibnul Hussain @ Babu on the grounds that although the incident was alleged to have taken place in January 2022, but the FIR was lodged in June, and the accused, who was only 22 years old, having no criminal history, was languishing in jail since July 2022. 

Bench: Justice Subhash Vidyarthi

Case Title: Ibnul Hussain @ Babu v. State Of UP

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