20210409 guwahati hc bail order uttam chakraborty (1)
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This document is an order from the Gauhati High Court regarding a writ petition filed by Uttam Chakraborty challenging a Foreigners' Tribunal order declaring him a foreigner. The order issues notice to the respondents and accepts their representation. It also orders that the petitioner not be arrested or deported in the meantime, but must appear before the Superintendent of Police and furnish a bail bond. The petitioner is also directed to not leave the district without providing details and is allowed to remain on bail. The matter is listed for admission hearing after receiving the lower court records.
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![Page No.# 2/3
6:THE STATE CHIEF ELECTION COMMISSIONER
ASSAM
GUWAHAT
Advocate for the Petitioner : MR. M DUTTA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON’BLE MR. JUSTICE N. KOTISWAR SINGH
HON’BLE MR. JUSTICE SOUMITRA SAIKIA
order
09-04 -2021
[N. Kotiswar Singh, J]
Heard Mr. M. Dutta, learned counsel for the petitioner.
Issue notice, returnable within 4 (four) weeks.
Mr. P.S. Lahakar, learned CGC accepts notice on behalf of respondent No.1; Mr. G.
Sarma, learned special counsel, F.T. accepts notice on behalf of respondent Nos., 2, 3 & 4, Mr.
A. Bhuyan, learned standing counsel, ECI, accepts notice on behalf of respondent No.6 and
Ms. L. Devi, learned standing counsel, NRC accepts notice on behalf of respondent no.5.
No formal steps are called for in respect of respondents, as they are duly represented.
However, extra copies be furnished to the learned counsel appearing for the respondents.
Registry will call for the records of RFT Case No.47/2015 (Corresponding to P.S. Case
No.208/2014) from the Foreigners' Tribunal No.5, Kamrup(Rural), Rangia, Assam.
Learned counsel for the petitioner submits that the petitioner has not yet been](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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The document is an order from the Gauhati High Court regarding a writ petition filed by Asor Uddin challenging a ex-parte order from the Foreigners' Tribunal declaring him to be a foreigner. The High Court allowed the petition, set aside the ex-parte order, and remanded the matter back to the Foreigners' Tribunal for fresh proceedings. However, the petitioner was ordered to remain on bail, appear before the Superintendent of Police, and the Foreigners' Tribunal by certain dates or the ex-parte order would be revived.
Scr.a88942020 gjhc240605762020 5_26082021
1) The petitioner challenged an order passed by the Assistant Commissioner of Police externig him from several districts for one year.
2) The High Court stayed the execution of the externment order citing issues with it.
3) In its final order, the High Court quashed the externment order, finding that the order relied on two FIRs not mentioned in the notice given to the petitioner and that one of the FIRs mentioned in the notice was for demonstrating against a government policy wherein citizens have a right to raise grievances. The Court also noted inconsistencies in the responses by the authorities.
gauhati-high-court-foreigner-tribunal-03032023-461954.pdf
The court remanded the case back to the Foreigners Tribunal to pass a reasoned order after reviewing the records of two previous cases regarding the petitioner's citizenship status. An earlier opinion declaring the petitioner not a foreigner lacked reasons and was therefore not a valid basis for the principle of res judicata to apply. However, in the interest of justice, the court ordered the Tribunal to consider materials from both previous cases and issue a new reasoned ruling, while no coercive action should be taken against the petitioner until then. The writ petition was disposed of with these directions.
Tablighi jamaat ktaka hc order
These petitions were filed in the High Court of Karnataka seeking to quash several FIRs registered in Tumkur district against various foreign nationals for alleged violations of the Foreigners Act. The FIRs were registered by the Thilak Park police station in Tumkur based on complaints filed against the petitioners for participating in religious activities while being in India on a tourist visa. The petitions argued that the FIRs should be quashed as no cognizable offense was made out in the complaints. The court heard petitions from over 15 foreign nationals seeking to quash the FIRs.
M.A.D.No.15192 dated 20.07.2020 before Supreme Court of India
Last Posthumous Petition filed along with Petitioner no.02 Srmt. Asha Rani Devi against in-built corruption in Law Enforcement agencies which explains as to how Custodian of Law became the killer of Petitioner no.02 Srmt. Asha Rani Devi and remained unpunished till date.
13.12.2021 res judicata applicable in ft
The petitioner challenged a second proceeding initiated against her by the Foreigners Tribunal declaring her a foreigner, despite an earlier tribunal opinion finding she was not a foreigner. The court allows the petition, setting aside the second opinion as violating the Supreme Court ruling that the principle of res judicata applies to Foreigners Tribunal proceedings. As the petitioner's identity was the same in both proceedings and the tribunal made no finding she was different than the earlier proceedee, the second proceeding against the same person cannot be sustained. The petitioner must be released if detained under the second, now set aside, opinion.
Arunachal Pradesh Judicial Service Examination 2019 notified
THE GAUHATI HIGH COURT AT GUWAHATI has notified 5 vacancies for the Grade - III Judicial Officer in the State of Arunachal Pradesh.
For more information, contact VIDHIWISE – LAW LEARNING LEAGUE, 9999193557; 587, www.vidhiwise.in; write to us at – info@vidhiwise.in
20211103 gauhati hc order in rehab for assam evicted families
The Gauhati High Court is hearing two PIL cases (PIL No. 65/2021 and PIL (Suo Moto) No. 6/2021) related to eviction and rehabilitation of alleged encroachers in Sipajhar, Assam. The Advocate General of Assam has been granted one week's time to file a detailed counter affidavit in the cases. The petitioner has been given three weeks thereafter to file a rejoinder. No coercive measures are currently being taken against the remaining alleged encroachers as efforts are being made to convince them to move voluntarily. The cases have been listed for further hearing on December 14, 2021.
gauhati-hc-order-1-426051.pdf
This document is a 3-page court order from the Gauhati High Court regarding a writ petition filed by Mujib Rohman and Sheikh Rustam against the State of Assam and others regarding a notice prohibiting the sale of beef in the Sonari Municipal area. The petitioners' counsel argued that their clients have been conducting this business for generations and the new Cattle Preservation Act does not mandate a complete ban, only regulating the process. The court issued notice to the respondents returnable by July 25th and directed the state counsel to obtain instructions on the interim relief sought and steps taken to allocate sites for petitioners to conduct their business according to the new law.
Saleem khan
The Additional Sessions Judge of Shahdara District Court in Delhi dismissed the application of accused Saleem Khan for statutory bail under Section 167(2) of the CrPC. Khan argued he was entitled to bail as the police had not filed a charge sheet within 90 days of his arrest on June 25, 2020. However, the court noted the charge sheet was in fact filed on September 16, 2020, within the 90 day period. The court also affirmed it had jurisdiction to hear the case as it had been designated as a Special Court for trial of cases relating to 2020 Delhi riots by orders of the Delhi High Court and Lieutenant Governor of Delhi.
M.A. D.No.42652 of 2019 in W.P. (Crl) 136 of 2016 before Supreme Court of In...
Challenged the order dated 21.10.2016 in Writ Petition (Criminal) 136 of 2016 passed by Supreme Court of India
K'taka HC on Marital Rape.pdf
The document summarizes four writ petitions filed in the High Court of Karnataka regarding charges of rape against a husband.
1. The petitions challenge the constitutionality of sections 29 and 30 of the POCSO Act, which place the burden of proof on the accused, as violating Articles 14, 19 and 21 of the Indian constitution.
2. One petition was filed by the accused husband seeking to quash the criminal proceedings against him for offenses including rape of his wife under section 376 of the IPC.
3. The lawyers for the accused argued that the presumptions under the POCSO Act are unconstitutional and that the original FIR did not mention offenses under section 376 of the IPC.
4
Jayalalithaa verdi 2402548a
This document outlines nine criminal appeals filed in the High Court of Karnataka related to a criminal case against Jayalalithaa and others. The appellants include Jayalalithaa, Sasikala, Sudhakaran, and Elavarasi who were convicted by a special court. They are appealing to set aside the convictions and sentences handed down against them for offenses related to corruption. The document provides details of the offenses, convictions and sentences for each of the appellants. It also lists the advocates representing each appellant and the common respondent, the State of Tamil Nadu.
Gauhati HC checks legality of ED summons to Assam newspaper
This order summarizes and addresses a writ petition filed by Jayanta Baruah challenging two notices issued by the Central Bureau of Investigation summoning him to appear as a witness in an ongoing investigation. The court notes the petitioner's objections to the notices and details provided about restrictions on movement in Assam. While the notices were issued under a provision allowing for summons of witnesses, the court finds issues with the short notice periods provided, lack of information on what testimony is sought and from what documents, and timing of the notices in the context of petitioner's journalism work. The court orders the prayer regarding one notice to be disregarded as not pressed, and reserves orders on the other prayers.
Gauhati hc display 2021-08-20t114832872-1-398963
This document is an order from the Gauhati High Court regarding several writ petitions filed regarding detention centers in Assam. It summarizes that the state has requested additional time to complete construction of a new detention center in Matia, Goalpara to consolidate detainees from various existing centers. While the state originally said construction would be complete by September 2021, it now requests 45 additional days. The court grants this additional time and orders the state to submit an updated status report on the construction and consolidation progress in 45 days.
Madras hc jan 21 order
1) The petitioner, M. Ananthan, was arrested in 2018 for drug offenses involving commercial quantities of ganja and has been in judicial custody since.
2) While the petitioner satisfies one requirement for bail under the NDPS Act by not having a criminal record, the court found he did not satisfy the second requirement that he is not likely to have committed the offense based on evidence.
3) However, the court determined the petitioner's right to a speedy trial had been violated as the trial had not commenced for over two years. As such, the court directed the prosecution to pay compensation of Rs. 1 lakh and for the trial to conclude within three months.
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20191129 gauhati hc order in 29 gorkha ft cases wpc 8490 18
20191129 gauhati hc order in 29 gorkha ft cases wpc 8490 18
gauhati-high-court-foreigner-tribunal-03032023-461954.pdf
gauhati-high-court-foreigner-tribunal-03032023-461954.pdf
M.A.D.No.15192 dated 20.07.2020 before Supreme Court of India
M.A.D.No.15192 dated 20.07.2020 before Supreme Court of India
Arunachal Pradesh Judicial Service Examination 2019 notified
Arunachal Pradesh Judicial Service Examination 2019 notified
20211103 gauhati hc order in rehab for assam evicted families
20211103 gauhati hc order in rehab for assam evicted families
M.A. D.No.42652 of 2019 in W.P. (Crl) 136 of 2016 before Supreme Court of In...
M.A. D.No.42652 of 2019 in W.P. (Crl) 136 of 2016 before Supreme Court of In...
Gauhati HC checks legality of ED summons to Assam newspaper
Gauhati HC checks legality of ED summons to Assam newspaper
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Letter to-dgp-18 oct21
1. The families of prisoners held in Taloja Central Prison and Byculla Women's Prison wrote a letter regarding the discontinuation of weekly telephone interviews for family members when physical visits resume.
2. They expressed concern that discontinuing phone calls would cause problems for out-of-town family members who cannot easily travel to Mumbai for physical visits, as well as economically weak and elderly relatives.
3. The letter requested that phone interviews be allowed to continue in a hybrid model, where Mumbai-based relatives could choose a physical or phone visit, to ensure prisoners' right to communicate with family and advocates as guaranteed by the Indian Constitution.
Tripura hc order
The High Court of Tripura issued an order directing the State of Tripura Aids Control Society to be impleaded as a respondent. The State and Union of India were directed to issue guidelines to conduct a thorough research of all persons in State prisons to ascertain if any are infected with HIV. If any infected persons are found, necessary action must be taken for their treatment and care in accordance with law to prevent an epidemic. A report on the matter must be submitted to the court by November 9, 2021. The court also requested an Amicus Curiae to assist and oversee the matter.
Report vigilantism and attack on the freedom of religion in meerut
This document summarizes an incident of communal violence and vigilantism in Meerut, Uttar Pradesh, India. It discusses the history of communal tensions and riots in Meerut dating back to the 1930s. On September 20, 2017, two members of the Jehovah's Witnesses religious group were invited into a Hindu man's home but then detained against their will for over an hour, assaulted, and handed over to the police with false allegations of forced conversion efforts. The police refused to register a complaint about the assault and illegally detained the victims overnight without medical treatment. The document analyzes this incident as an example of the shift in India to smaller scale vigilantism targeting religious minorities, with the tacit support
Christians under attack_in_india_report
The document provides a summary of attacks on Christians in India, including two specific incidents in Roorkee and Mau, Uttar Pradesh:
1) In Roorkee, a mob of 250-300 people attacked a church, injuring several attendees. Police did not provide security despite prior complaints.
2) In Mau, a mob accused Christians of conversion during a prayer meeting. Seven people including the pastor were arrested under anti-conversion laws.
It also lists other incidents of threats, violence and false accusations against Christians in various parts of Uttar Pradesh, Madhya Pradesh and other states, indicating growing targeted attacks against the Christian minority in India.
Sharjeel imam vs state
The document discusses an application for bail filed by Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. While the prosecution argues Imam's speeches incited violence, the judge found the evidence linking Imam's speeches to subsequent acts of violence by co-accused to be scanty and inconclusive. The judge granted Imam bail for offenses related to inciting violence but will further examine charges of sedition against Imam.
Sharjeel imam vs state
The document discusses a bail application hearing for Sharjeel Imam. It summarizes the key details of the case, including the charges against Imam related to speeches he delivered on December 13th and 15th, 2019 regarding protests against the Citizenship Amendment Act. It notes that while the prosecution argues Imam's speeches incited violence, the defense argues there is no evidence linking Imam's words to any criminal acts. In its ruling, the court finds the evidence against Imam for abetting offenses to be insufficient and scanty.
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This document summarizes a court case revision petition hearing. The judge stayed the operation of the previous court order from October 12, 2021 until the next hearing date of November 12, 2021. The revision petition notice was ordered to be issued to the respondents. The trial court record was reviewed and the special public prosecutor and police inspector were present to provide submissions.
Cmm order
This document is a court order from a case involving multiple accused persons. It summarizes proceedings from a hearing where the prosecution requested more time for further investigation into the case. The court allowed more time but imposed a cost of Rs. 25,000 to be split among the accused, noting delays in the investigation. It also ordered the Secretary of Home Affairs to inquire about responsibility for the costs being imposed and deducting the amount from the responsible officer's salary. The case was adjourned to a future date for further proceedings.
Archbishop --press-statement
The Archbishop of Bangalore expresses concern over the Karnataka government's plan to survey Christian missionaries and places of worship. He argues that such surveys could unfairly target and endanger the Christian community. The Archbishop questions why only Christians are being surveyed, noting that Christians constitute a small percentage of the population. He calls on the government to respect constitutional protections of religious freedom and consider the educational and social services provided by Christian institutions instead of pursuing anti-conversion policies.
For website 211014 cjp-ncm complaint over muslim family in indore chairperson...
The complaint alleges that a Muslim family in Indore, Madhya Pradesh was attacked by a mob of 150 people associated with the RSS on October 9, 2021. The family was threatened and told to leave the village. Family members sustained head injuries and their house was ransacked. The police delayed registering an FIR and instead filed a counter-complaint against the family. The complaint cites other recent incidents of violence and harassment against Muslims in Indore and calls on the National Commission for Minorities to investigate and take action to prevent further attacks.
For website 211013 cjp ncm complaint over nun attacks to vice chairman (1)
The complaint alleges that on October 10, 2021 in Mau, Uttar Pradesh, two incidents occurred where Christian religious gatherings were disrupted by Hindu nationalist mobs. In one incident, two nuns were attacked, dragged to the police station and detained for hours on baseless allegations of religious conversion. In another incident, a Christian prayer service was raided and the pastor and congregants were taken to the police station. The complaint urges the National Commission for Minorities to investigate these attacks, ensure protection for religious minorities, condemn the attacks and pressure authorities to take swift action. It notes a pattern of increasing attacks on Christians in India by Hindu nationalist groups.
For website 21103 cjp ncm complaint over nun attacks to chairperson (1)
1. Citizens for Justice and Peace wrote to the National Commission for Minorities regarding two attacks on Christians in Mau, Uttar Pradesh on October 10, 2021. In the first incident, a mob attacked two nuns and their driver at a bus stand and took them to the police station. In the second incident, a mob disrupted a Christian prayer service and took the pastor and worshippers to the police station.
2. The letter requests that the Commission conduct an inquiry into the attacks, ensure protection for religious minorities, condemn the attacks and urge police to take action, and issue guidelines for dealing with communally motivated attacks. It argues that such attacks violate constitutional rights and aim to subjugate minority communities through fear.
Aiufwp eia response (1) converted
The document is a response letter from the All India Union of Forest Working People (AIUFWP) regarding the draft EIA Notification 2020. The key points made in the letter are:
1) The AIUFWP demands a complete withdrawal of the draft EIA Notification 2020 as it weakens environmental protections and public participation in decision making.
2) The draft was released during a national lockdown without proper accessibility or consideration of forest communities who will be most impacted.
3) Weakening environmental regulations could exacerbate future pandemics by further damaging nature.
4) The draft favors industries and projects over environmental protection by reducing scrutiny and exempting many from public hearings and consent requirements.
Maulana fazlul order
The applicant Maulana Fazlul Karim Qasimi was arrested in August 2021 for a Facebook post expressing the view that the Taliban in Afghanistan are not terrorists. The applicant's lawyer argued that the court had granted bail to someone in a similar case for expressing such an opinion. While reviewing the case diary, the court found nothing incriminating against the applicant beyond the Facebook post. Given the lack of other evidence, the court doubted if the post alone constituted a cognizable offense. Therefore, the court directed that the applicant be released on bail on furnishing a bond, finding further custody unnecessary in this case.
Maqbool alam order
The document is a 3-page court order from the Gauhati High Court regarding a bail application filed by Maqbool Alam, who was charged with several offenses including praising a terrorist organization on Facebook. The court heard arguments from Alam's lawyer and the public prosecutor. Upon reviewing the Facebook posts and finding that they did not require further custodial interrogation, the court granted bail to Alam subject to furnishing a bond and ensuring he does not interfere with the investigation.
Kerala hc order d rajagopal-v-ayyappan-anr-402210
This document summarizes two criminal revision petitions filed in the High Court of Kerala against judgments from lower courts. The lower courts had found police officers guilty of assaulting a complainant while he was in custody. The police officers argue on appeal that the lower courts erred in not requiring sanction from the state government before prosecuting public servants. The High Court examines the evidence and finds that the injuries occurred while the complainant was in police custody, supporting his allegation that police assaulted him at the police station lockup. Medical evidence also supports the complainant's version of events. The High Court dismisses the criminal revision petitions filed by the police officers.
Kpss security of kp's - 05.10.2021
The Kashmiri Pandit Sangarash Samiti (KPSS) wrote a letter to the Lieutenant Governor of Jammu and Kashmir regarding the security of non-migrant Kashmiri Pandits and Hindus living in the Kashmir Valley. KPSS has submitted communications over the past year requesting a meeting about this issue, but their requests have been ignored. Over the past 10 days, intelligence reports indicate prominent Kashmiri Pandit/Hindu businessmen will be targeted, and one was killed on October 5th. KPSS warns that if another Pandit/Hindu is killed due to administrative and security failures, they will file a petition with the International Human Rights Commission and launch a signature campaign against the administration for neglect
Lakhimpur kheri press statement from ct_us_06102021
The Central Trade Unions strongly condemned the killing of farmers protesting in Lakhimpur Kheri, Uttar Pradesh. They demanded the resignation of the Minister of State for Home and stringent punishment for the culprits. The trade unions also condemned the police for preventing opposition leaders and union leaders from visiting the families of the deceased. They reiterated their support for farmers in their struggle against the farm laws.
Allahabad hc wpil(a) 1585 2021
This document summarizes a court order from a Public Interest Litigation case in the State of Uttar Pradesh, India. The order lists several related cases to be heard together on October 22nd. It notes that two specific cases were not listed as directed in a previous order and threatens action against the responsible registry officer. It also directs the respondents to provide the petitioner's counsel a copy of the counter affidavit filed in connected writ petitions.
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The document discusses two writ petitions related to prison overcrowding and conditions in Madhya Pradesh. It summarizes the suggestions provided by an amicus curiae to improve prison conditions, which include establishing women's prisons, borstal schools for youth offenders, mental health services, vocational training programs, healthcare facilities, sanitation infrastructure, educational opportunities, and recreational activities for inmates. The court acknowledges the urgent need for prison reforms and decongesting the prisons in the state.
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For website 21103 cjp ncm complaint over nun attacks to chairperson (1)
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20210409 guwahati hc bail order uttam chakraborty (1)
- 1. Page No.# 1/3 GAHC010152902020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5226/2020 UTTAM CHAKRABORTY S/O- KHOKARANJAN CHAKRABORTY (KHUKA RANJAN CHAKRABORTY AS SPELT IN THE RFT CASE), R/O- VILL- NO 1 TULSIBARI, P.S. RANGIA, DIST.- KAMRUP, ASSAM VERSUS THE UNION OF INDIAAND 5 ORS REP. BY THE SECY. TO THE DEPTT. OF HOME AFFAIRS, NEW DELHI 2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6 3:THE SUPERINTENDENT OF POLICE (B) KAMRUP DIST.- KAMRUP ASSAM 4:THE SUPERINTENDENT OF POLICE KAMRUP DIST.- KAMRUP ASSAM 5:THE STATE CO-ORDINATOR NATIONAL REGISTRAR OF CITIZENS ASSAM BHANGAGARH GHY
- 2. Page No.# 2/3 6:THE STATE CHIEF ELECTION COMMISSIONER ASSAM GUWAHAT Advocate for the Petitioner : MR. M DUTTA Advocate for the Respondent : ASSTT.S.G.I. BEFORE HON’BLE MR. JUSTICE N. KOTISWAR SINGH HON’BLE MR. JUSTICE SOUMITRA SAIKIA order 09-04 -2021 [N. Kotiswar Singh, J] Heard Mr. M. Dutta, learned counsel for the petitioner. Issue notice, returnable within 4 (four) weeks. Mr. P.S. Lahakar, learned CGC accepts notice on behalf of respondent No.1; Mr. G. Sarma, learned special counsel, F.T. accepts notice on behalf of respondent Nos., 2, 3 & 4, Mr. A. Bhuyan, learned standing counsel, ECI, accepts notice on behalf of respondent No.6 and Ms. L. Devi, learned standing counsel, NRC accepts notice on behalf of respondent no.5. No formal steps are called for in respect of respondents, as they are duly represented. However, extra copies be furnished to the learned counsel appearing for the respondents. Registry will call for the records of RFT Case No.47/2015 (Corresponding to P.S. Case No.208/2014) from the Foreigners' Tribunal No.5, Kamrup(Rural), Rangia, Assam. Learned counsel for the petitioner submits that the petitioner has not yet been
- 3. Page No.# 3/3 detained on the strength of the impugned order dated 10.01.2020 passed in RFT Case No.47/2015 (Corresponding to P.S. Case No.208/2014) by the Foreigners' Tribunal No.5, Kamrup(Rural), Rangia, Assam. In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the Superintendent of Police (Border), Kamrup(R) within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing his presence. On such appearance, the petitioner shall furnish a bail bond of Rs. 5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority in the connection with F.T.4th Case No.275/SPR/2017, whereafter, the petitioner shall be allowed to remain on bail. The concerned Superintendent of Police (Border), Kamrup(R) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner, if so advised. The petitioner also shall not leave the jurisdiction of Kamrup(R) district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police (Border), Kamrup(R). List the matter for admission hearing after receipt of the LCRs. JUDGE JUDGE Comparing Assistant