IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

WHAT DID THE COURT SAY? 

  • In Noorjahan @ Noori v. State of Madhya Pradesh, the Supreme Court granted bail to the petitioner who was a law intern at the Indore Court. She was arrested on January 29, 2023, for offences punishable u/s 419, 420 and 120B IPC.
  • The bail was granted after the Ld. ASG appearing on behalf of the State submitted that they have no objections regarding granting bail to the petitioner.

WHAT IS THE CASE ABOUT? 

  • In this case, the petitioner, a law intern, was manhandled by a group of Bajrang Dal hooligans in the Indore court’s premises who accused her of recording the bail proceeding of a Bajrang Dal leader.
  • Thereafter, the police came and instead of arresting the hooligans, arrested the petitioner on grounds of offences u/s 419, 420 and 120B IPC.
  • No lawyer in Indore came forward to represent the petitioner and therefore, a group of 4 lawyers from Delhi agreed to represent her. These lawyers were denied police protection and were mistreated and even threatened for representing the petitioner. Eventually, they returned to Delhi.
  • The present writ was filed in the Supreme Court seeking bail. 

CONTENTIONS OF THE PETITIONER: 

  • The petitioner contended that this case is communally motivated. The police authorities have acted in an arbitrary manner and have caused huge injustice to the petitioner.
  • It was also contended by the petitioner that the opposing counsel made sure to devoid the petitioner of representation in the court. She had to call lawyers from Delhi and even they had to return back due to the unfair treatment done to them.

OBSERVATION OF THE COURT AND DECISION:

  • The Ld. Court after going through the arguments submitted by both parties granted bail to the petitioner as the respondents did not argue on the matter.
  • The Court also noted that there have been unjust and unfair treatment of the petitioner and therefore, a committee should be created of a retired High Court judge to look into the matter. 

What do you think about the decision of the Court? Let us know in the comments section below! 

"Loved reading this piece by Megha Nautiyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  48  Report



Comments
img
Post a Suggestion for LCI Team
Post a Legal Query