Gujarat High Court directs the jail authorities to ensure that basic necessities of prisoners family are fulfilled

Gujarat High Court directs the jail authorities and several other state machinery like police department to contact prisoners family to know if their basic necessities are fulfilled or not and if not then same should be provided to them as per the government scheme for the poor that has been initiated after the lockdown was announced.This order has been passed because of the reason that family of the prisoners should not suffer. Families of many prisoners are facing financial trouble and while prisoners accused of less serious charges where punishment is less than 7 years have been granted temporary bail so that they can help their family financially amid this coronavirus pandemic, many other prisoners facing serious charges could not be granted bail on various grounds.

(BY SAMARTH GOGIA)

Amid this pandemic situation Gujarat High Court rejected the proposal of Rath-Yatra

The court repudiated the Gujarat State government’s manifesto to allow the procession to be taken out. The State government, in appeal to the Court, proposed that the Heritage of Rath-Yatra should be allowed with limited people in the procession. They also asserted that custom should prevail this year also in spite of this novel coronavirus pandemic.

However, the division bench headed by Chief Justice Vikram Nath did not accept these grounds, amid situation in Gujarat is different than the situation in Odisha. As the Apex Court had in its decision noted that Odisha has a “good record of having controlled in the pandemic Situation.”

Source – The Hindu 

(By – Sanyogita)

Gujarat HC: Extends protection to Couples against cast system

The Hon’ble High Court of Gujarat made a pertinent observation that the concept of cast system has made it very difficult for the young couples to choose their life partner. The matter was heard by Justice Sonia Gokani and NV Anjaria, they noted that it is very difficult for the administration to balance emotional and social factors that may follow, which eventually leads to legal battleground.  

The petitioner moved to High Court under the ambit of Article 226 of the Indian Constitution when the wife’s family took her back from the petitioner after the marriage. The High Court asked the investigating officer to adopt the method of Social Policing to come to an amicable solution between0 the petitioner and the family. 

(By – Siddharth Addy) 

Criminal Contempt Notice to Yatin Oza for his Scurrilous Remarks

Gujarat High Court has issued a suo-motu cognizance to the President of Gujarat High Court Advocates Association (GHCAA). Yatin made accusations against Gujarat HC and its registry in a live press conference via Facebook alleging corrupt practices are being adopted and inordinate allegations of corruptions. Later in Gujarati daily ‘Sandesh’ the article was published stating the title as ‘Gujarat High Court has become a Gambling den’. 

The Court observed that these “ scurrilous remarks appear to have been made without substantive basis and without any intent to know the truth as also without approaching the Hon’ble CJI for any inquiry as the head of the Institution.”

Moreover the Bench also noted that Oza was fully aware that his actions may invite him for the Contempt Proceedings under sec 15 of Contempt of Courts Act. As his actions falls under the purview of sec 2(c) of the said Act.

(Sanyogita)

Physical Hearing of District Courts in Gujarat: Judges Committee to file report says Gujarat HC

The Gujarat High Court has informed that a committee of three judges has been constituted to look into the matter for the commencement of physical hearing of District Courts in the state considering the present Covid 19 pandemic.  The order has been passed after the Gujarat High Court Advocates Association had written to the chef justice urging for the physical hearing of the court while following all the safety measures. 

The Principal District Judges have been directed to treat custody or disposal of property under section 451 of Code of Criminal Procedure as urgent matter; while the Land Acquisition and Motor Accident Compensation matters are concerned the same would be considered after receiving the report from the committee. 

The committee is likely to submit its report in couple of days and an appropriate decision will be taken within a week after considering its report.

(By – Siddharth Addy)

Gujarat HC rejects bail application of Asaram Bapu citing threat of aggravating corona virus by his followers

The Gujarat High Court on Wednesday rejected the interim bail application of the self-styled godman Asaram. It was observed by the Court that his release would lead to the congregation of his followers which would be a massive threat to the current Covid-19 situation.

The godman who is 84 years old was already being sentenced to life imprisonment on a rape case by the Jodhpur Court earlier. Now the bail application was regarding another sexual assault case in Gandhinagar Court.

The counsel on behalf of the applicant submitted to the High Court that he should be granted interim bail considering his age. It was alleged that due to his old age, he is more vulnerable to the Covid-19 pandemic situation and cited the Supreme Court case where this present case would be fit for granting bail for decongestion of prisons.

However, his bail application was rejected considering the seriousness of the crimes he has committed. It was also observed by the Court that the Rajasthan jail is taking adequate measures regarding the spread of Coronavirus in the prisons. The Court found that,

“The applicant in the present application has made a specific averment that he has number of followers all over the world and in India. Considering the said averment, it would not be apposite to release the applicant on bail in light of the prevailing situation of Covid 2019, since there is a strong possibility that on the release of the applicant, his thousands of followers will congregate to meet him, which will aggravate the distressing situation.”

 It also appears his regular bail applications were not granted by this Court as well as by the Supreme Court.