Right For Safe Road is Every Citizens Facet Of Articles 19(1)(d) And 21 of the Constitution contends Kerala High Court
In this case,earlier this week, Kerala High Court recently closed a batch of public interest litigation petitions that sought for directions to the State and Central Governmentsto take steps to stem the rise in road accidents in the State. The Bench held that the right to a safe road is a facet of the fundamental rights of free movement and the right to life under the Constitution.
The Court contended that even though sufficient measures are provided under various enactments to curb the menace of the road accidents, both the Central and State Governmentsare slow in implementing the provisions of the enactments, which is causing serious prejudice to the public at large. This came into limelight after, petitioners, a former panchayat president, lawyer, a man who lost his son to a motor accident, an NGO, a politician and two retired Motor VehiclesDepartment officials, primarily prayed for the implementation of provisions of the Motor Vehicles Act, 1988.
Police Personnel Cannot Be Appointed As Jail Superintendents: Uttarakhand HC
This week, it was held by the Uttarakhand High Court that the purpose of Police is very different from that of Jail Superintendents and as a natural corollary, their trainings and psyche are pole apart. Consequently, the former (police personnel) cannot possess the position of the latter (Jail Superintendents).
This issue came into light after a PIL challenging a State Government's order whereby the Officers of the Police Department were given the additional charge of the office of the SeniorSuperintendent/Superintendent of Jail at Sitarganj, Haldwani,Haridwar, Dehradun and Roorkee the High Court declaring the impugned order as illegal, the Division Bench stressed on the need for carefully selecting the prison personnel, for providing rigorous for the same.
Octogenarian couple granted bail by Bombay High Court under POSCO case
This week, Bombay High Court recently granted bail to the an octogenarian couple convicted under the Protection of Children against Sexual Offences (POCSO) Act for alleged sexual assault of a 4-year-old child in their building. The High Court granted them granted bail observing that there are certain inconsistencies and omissions that have come on record in the evidence of the prosecution witnesses.
In furtherance, the Bombay High Court suspended the sentence of 10 years imprisonment which was handed down by the Special POCSO Court to the couple. According to Advocate Dinesh Tiwari appearing for the applicants submitted that the reason for falsely implicating the applicants was for taking over the house of the applicants, in which they are staying.
Allahabad HC: Dismisses Plea against Delegating Powers of Chief Justice’s Power to Senior Judges in His Absence
Recently, Allahabad High Court has dismissed a petition against delegating the power of Chief Justice (Master of Roster) to Senior Judges in his absence.The argument advanced by the petitioner in this case, is that in our constitutional scheme and the law pronounced by the Supreme Court in several cases, Chief Justice of a High Court is Master of Roster and no other Judge may be allowed to interfere in dispensation of this privileged function.
The HC dismissed the petition on the grounds that they, “do not find any merit in the petition for writ which on its face appears to be fundamentally misconceived.” In reply to the argument advanced by the Petitioner the HC contended that the object of the Rule is to make the High Court functional by delegating certain authorities of the Chief Justice to Senior Judge in his absence.
Punjab and Haryana High Court: Dismisses Lawyer's Plea Seeking Action against Prince Harry for Breach Of Promise to Marry Her
Recently, Punjab and Haryana High Court dismissed a petition filed by a Lawyer seeking action against Prince Harry Middleton and has further directed the United Kingdom Police Cell to take action against him, as despite a promise to marry the petitioner, the said promise has not been fulfilled. In addition, she prayed that arrest warrants be issued against him so that no further delay occur in their marriage.
On investigation the Court contended that the petition is nothing, but just a day-dreamer's fantasy about marrying Prince Harry as all the interactions took place on social media and the petitioner has never met Prince Harry. The Court held that fake IDs are created on various social media sites like Facebook, Twitter etc. and authenticity of such conversation cannot be relied upon by this Court. There is every possibility that so-called Prince Harry may be sitting in a Cyber Cafe of a village in Punjab, looking for greener pastures for himself". What do think about such an incident? Let us know in the comments below!