Libertatem Magazine

Ramanpreet Kaur

Ramanpreet Kaur

Punjab and Haryana High Court Raps the Police Officials in Bathinda Rape Case for Constituting a Whole Male Members’ SIT Team

In the present case, a petition was filed by a 38-year-old widow accusing the Crime Investigating Agency (CIA) officials of coercing her into giving sexual favours. Further, the Bench of Justice Arun Monga stated that the allegations and factual averments contained in the present petition were so grisly and frightful, that one can only hope that the facts were only fictitious. Moreover, if these assertions are proved authentic then it can be indicated that the protectors of law have turned into predators.  Further, the Court pulled the police officials for constituting a male member SIT team in such a heinous crime. Accordingly directed the DCP of Punjab Police to form a new three-member all-women SIT (Special Investigation Team) to probe into the rape allegations so levelled. 

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Allahabad High Court Quashes the up-Government’s Order and Declares That the Right to Food Is a Fundamental Right and No One Should Die of Hunger

In this case, various petitions were filed before the Court challenging the UP Government’s order dated 7.07.2020. Responding to this, Justice AR Masoodi held that granting preference to “self-help groups” in allotment of fair price shops was unconstitutional and ultra vires the provisions of the National Food Security Act and UP Panchayati Raj Act. Further, the Court said that the right to food is a fundamental right and no one should die of hunger.

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During the Pandemic, Judicial Notice Can Be Issued Against Organizations Going Out of Their Way To Provide Special Facilities and Safeguard Health of Their Employees and Other Stakeholders: Delhi High Court

In this case, a writ petition was filed by the Students Union and the Teachers Union at the Jawaharlal Nehru University, seeking a response to the repeated requests made to the concerned authorities regarding the setting up of COVID care facilities within the University premises and the issuance of other directions. Further, the Court observed that the JNU administration ought to have reacted with swiftness and alacrity. Moreover, the University was bound to take care of the health of the students and teachers, and make the facilities available, within the University campus, especially considering the prevalent shortages for hospital beds, etc. Besides this, a Judicial notice can be issued against the organizations and institutions that have gone out of their way, during the current pandemic, in order to provide facilities to their employees and other stakeholders. 

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Delhi High Court Directs Central Government To Look Into the Requirement of COVID Beds and Work to Enhance Availability of Such Beds

In the present case, various petitions were filed by the Petitioners concerning the issues of oxygen cylinder pooling; price control of oxygen cylinders; bed allocation; and conducting testings only via RT-PCR test; update on relevant information by the hospitals and nursing homes; issues regarding ambulance and hearse/mortuary services for Covid-19 patients/deceased. Responding to these, the Court had expressed that the Central Government would look into the requirement of COVID beds, and would work to enhance the availability of such beds. Further, the State and the hospitals were also provided with some vital directions by the Court. 

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Supreme Court Strikes Down the West Bengal Housing Industry Regulation Act of 2017 by Observing It Unconstitutional and in Conflict With RERA

The Supreme Court struck down the West Bengal Housing Industry Regulation Act, 2017 (WBHIRA) by pronouncing it unconstitutional for conflicting with Central legislation, i.e., the Real Estate (Regulation and Development) Act, 2016 (RERA). Further, the Court in the exercise of its powers under Article 142, clarified that all sanctions and registrations previously granted under the HIRA before the date of this judgment shall continue to prevail to prevent any chaos in the real estate industry in the state.

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Rajasthan High Court Dismisses Petition Challenging Election of Union Minister and Ordered To Reject Candidates Who Delayed Submitting Certificate

In the present case, an election petition was filed by the Petitioner, a former IAS officer, questioning the election of the Union Minister Kailash Choudhary. Further, the Petitioner also alleged that his nomination papers were wrongly rejected by the Returning Officer. Responding to this, the Rajasthan High Court, as a

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Obstruction of Oxygen Tankers by One State Would Have Snowballing Effect, Also Amounts To Endangering Of Hundreds of Human Lives: Delhi High Court

In the present case, the court was hearing certain petitions filed by the Petitioners over the issues of shortage of oxygen for treating seriously ill COVID patients; black-marketing of oxygen cylinders; the testings, and infrastructure.  Further, during the hearing, the Court was notified about the detention of four cryogenic tankers on their way to the national capital by the Rajasthan government. Pulling up the State of Rajasthan for this detention, the Delhi High Court observed that any interference in the Central Government’s plan for supplying medical oxygen in the Country would “tantamount to endangering hundreds of human lives, if not more.”

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Supreme Court Declares That Consent of Parties Cannot Obviate Duty of Court To Indicate Its Reasons for Granting or Refusing Bail

Excerpt  In the present case, the Supreme Court rejected the previous decisions thereby set aside the orders of the High Court of Gujarat granting bail, under Section 439 of the Criminal Procedure Code to six murder accused who were arrested for their alleged involvement in five homicidal deaths. The previous

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