Tag: quashes

A lot of work goes in: SC quashes plea against ‘The Kerala Story’

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New Delhi: The Supreme Court on Thursday rebuffed a fresh attempt by a petitioner seeking a stay on the release of the film ‘The Kerala Story, saying that a filmmaker invests a lot of money and time in making a movie and actors also put in a lot of work, and the market will decide if it is not up to the mark.
A bench headed by Chief Justice of India D.Y. Chandrachud and comprising Justices P.S. Narasimha and J.B. Pardiwala said: “One, the CBFC has released the film; two, the Kerala High Court declined to stay the film; and three, yesterday we said we are not going to entertain a petition under Article 32. Now, after these steps have been completed and now for us to hear an application like this is not proper.”
During the hearing on the plea, filed by journalist Qurban Ali, the bench emphasised that before rushing to the court against the movie, a thought should be given about the filmmaker and actors and how many times will this be challenged?

The bench told petitioner’s counsels, senior advocate Huzefa Ahmadi and Shoeb Alam, to look at the filmmaker, he cannot be made to face courts for the release of his film and the Kerala High Court had applied its mind while refusing interim relief of staying the film release.
Ahmadi submitted that a letter was sent to the acting Chief Justice of Kerala High Court, who said that a bench has been constituted.
The registry later informed the petitioner that the bench will not hold sitting on Thursday and also the Kerala High Court is on summer vacation, Ahmadi contended.
However, the apex court refused to entertain the plea against the movie.
The bench pointed out that the petitioner initially tried to challenge the release of the film through an interlocutory application in a pending hate speech case, which was turned down by another bench.

Ahmadi requested the bench to allow him to argue his case in the court before the release of the film.
The Chief Justice told the counsel to work out remedies before the high court.
On Wednesday, the Supreme Court refused to entertain a plea by the Jamiat Ulama-i-Hind seeking a direction to the Centre and others not to allow the screening or release of the movie in theatres, OTT platforms and other avenues, and also that the trailer should be removed from the Internet.
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#lot #work #quashes #plea #Kerala #Story
( With inputs from www.siasat.com )

May 4, 2023
HC Quashes Detention Orders Issued Under PSA

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SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has quashed a series of detention orders issued under the Public Safety Act, including that against journalist Fahad Shah. The court found that the detaining authority did not apply its mind while passing the orders.
In one case related to Srinagar resident Peerzada Mohammed Waseem’s detention, the court criticized the district administration for stating in the dossier that the accused had indulged in rioting and stone pelting in 2020, despite being in jail since 2017.
The judge raised the question of how a detenue already behind bars and facing trial could have participated in rioting and stone pelting during that time. Judge Wasim Sadiq Nargal mentioned in his order that this proved that the detaining authority had passed the order without the application of mind.
The court also quashed the PSA order against Amir Ali Bhat, stating that it could be safely concluded that the detaining authority had failed to provide the material relied upon for passing the detention order, making it illegal and unsustainable.
Regarding Fahad Shah, the judge found that the dossier had not been provided to the detenue, pointing out that it was one of the main lacunae in the detention, while in the case of Naseer Ahmad Dar, the PSA order was also cancelled for similar reasons.
The court ordered the authorities to release the detainees immediately if they were not required in any other case, highlighting the lacunae in the detention orders and reaffirming the importance of adhering to procedural requirements in passing such orders. “It is one of the main lacunae in the detention,” the court stated.
The judge, while passing these five orders separately on April 17, asked the authorities to release them forthwith in case they were not required in any other case

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( With inputs from : kashmirlife.net )

April 21, 2023
HC Quashes Detention Of Journalist Fahad Shah

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SRINAGAR: The High Court on Thursday quashed the detention of a journalist Fahad Shah and directed the authorities to release him forthwith.
Justice Wasim Sadiq Nargal said that Fahad should be “set at liberty forthwith if not required in any other case.”
“In the present case, the procedural requirement has not been followed and complied with by respondents in letter and spirit and as a corollary thereof, the petition is required to be allowed and the detention order is liable to be quashed,” the Court said.
The Court also said that no compelling reasons have been given or shown by the detaining authority while passing the detention order against Shah when he was already in custody and under an FIR in which no bail had been granted.
“In absence of any compelling reasons, the order of detention cannot sustain the test of law,” the court said.
On March 3, 2022, the District Magistrate Srinagar had passed an order under section 8 of the Jammu and Kashmir Public Safety Act, 1978, placing Shah under preventive detention to “prevent him from indulging in the activities which are prejudicial to the maintenance of public order.”
During arguments, counsel for Shah, N A Ronga, described the allegations against Shah as baseless, unfounded vague and without any substance, saying there is not an iota of truth in the allegations.
Shah was arrested on February 2, 2022, by Jammu and Kashmir police in Pulwama district and booked under Section 13 of ULA (P), section 124A and Section 505 IPC.

Shah filed a bail application before a Court in Pulwama and he was granted bail. However, when the order of the Court was served upon the police concerned, they did not release him and shifted him to the Police Station Imam Sahib Shopian.
In Shopian, an FIR under sections 153 and 505 of the IPC was registered against him. In this case, he filed a bail application before the Court and was granted bail. But he was not released by the police and was shifted to the Safakadal area of Srinagar. At the police station, Safakadal another FIR was registered against him. While in custody at Safakadal, the district magistrate Srinagar passed a detention order against Shah.
Ronga argued Shah was not provided with a copy of the dossier, material or other records including the copies of FIRs that have been referred to and relied upon by the detaining authority while framing grounds of detention and passing the detention order. “Thus he was deprived of his constitutional and legal right of making a meaningful and effective representation against his detention.”
He also said since the bail was not granted in the FIR registered at the police station Safakdal against Shah there was no reason to detain him under J&K Public Safety Act. (KNO)

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( With inputs from : kashmirlife.net )

April 20, 2023
Mumbai train blasts: HC quashes death row convict’s plea seeking info under RTI

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New Delhi: The Delhi High Court on Tuesday dismissed a petition by a death row convict in the 2006 Mumbai train blast case seeking disclosure of information pertaining to the ban imposed on terrorist outfit Indian Mujahideen.
Ehtesham Qutubuddin Siddique had filed an application under the RTI Act seeking “background notes” of the Centre and reports of state governments of Gujarat, Delhi and Andhra Pradesh in relation to the ban on the organisation, which was stated to have carried out the blast. The outfit was proscribed under the stringent anti-terror law Unlawful Activities(Prevention) Act (UAPA).
The petitioner challenged in the high court an order passed by the Chief Information Commissioner (CIC) on June 13, 2019 denying him the information on the ground that it was covered under the exemptions provided in the RTI Act.

While refusing to interfere with the CIC’s decision, Justice Prathiba M Singh said the information sought by the petitioner has far reaching consequences and has to be seen from the “larger issue of safety and security of the public and the nation”. It said the information Siddique has sought, if provided, will have a bearing on sovereignty and security of the country.
“A perusal of the information shows that the same has far reaching consequences. The same organisation is stated to be involved in various unfortunate incidents since 2005, some resulting in severe loss of life and property,” said the court.
It observed that the disclosure of the information sought by the petitioner can “jeopardize the sources” of the government in relation to the ban on Indian Mujahideen and the CIC’s opinion that sharing the information would endanger the sources is “correct and does not require interference”.
“In view of the above, the writ petition is devoid of merit and is dismissed,” ruled the court.
Advocate Arpit Bhargava, representing the petitioner, contended the information sought in the RTI application was needed to prove the innocence of the petitioner in the criminal case and there was no further need to maintain confidentiality in relation to the “background notes” and the reports of the states as Indian Mujahideen has already been declared a banned organisation under UAPA.

The counsel for the Centre said the information in question cannot be disclosed as it is confidential and disclosure will be against public interest.
Siddique was awarded capital punishment for the July 11, 2006 serial blasts when seven bombs packed with RDX ripped through many western line local trains in Mumbai killing 189 peeople and injuring 829.
The petitioner, currently lodged in a prison, claimed in his plea he was falsely implicated by the Anti-Terrorism Squad of Mumbai in the train blasts case.
The trial court’s order of sentence is still pending confirmation by the Bombay High Court and the reports of the state governments and the Centre’s background notes would prove the innocence of the petitioner as well as violation of his human rights, the plea said.
Last year, the high court had dismissed another petition by Siddique challenging a CIC order denying disclosure of certain information pertaining to the sanction granted by the Maharashtra government for his prosecution under UAPA.
The high court had earlier this year rejected his petition seeking reports submitted by the Maharashtra and Andhra Pradesh governments regarding investigation into the train bombings.
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( With inputs from www.siasat.com )

April 18, 2023
Court Quashes PSA Against Kashmiri Journalist

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SRINAGAR: On Thursday, the Jammu Kashmir High Court overturned the Public Safety Act of Kashmiri journalist Fahad Shah, who has been detained at Kot Balwal jail in Jammu since June 2022, nearly 300 kilometres away from his home in Srinagar’s Soura. Despite calls from organizations such as the Committee to Protect Journalists (CPJ) for his release, Fahad has remained in detention for over a year.
Fahad was initially arrested by Pulwama Police on February 4, 2022, for social media posts that were deemed to glorify terrorist activities and harm the image of law enforcement agencies, as well as cause ill-will and disaffection towards the country.
Although he was granted bail in that case on February 26, he was arrested again by Srinagar police on March 5 in connection with a report on his news portal from January 2021, and was granted bail again on March 14 before being moved to Kupwara District jail on March 16. He was later shifted to Kot Balwal jail on June 9, after being booked under the Public Safety Act.
In the PSA dossier submitted to the District Magistrate of Srinagar, the Jammu and Kashmir police accused Fahad of propagating stories that were in line with ISI/separatist propaganda, posting anti-national content, and glorifying stone pelters, terrorists, and separatism.
The dossier also claimed that Fahad’s news portal, The Kashmir Walla, published stories that were against the interest and security of the nation, and that they mostly highlighted the allegations of the Kashmir conflict and the “Indian state’s highhandedness.”
Despite securing bail twice before, Fahad was arrested for the third time and booked under a fresh PSA case on Monday. The police described Fahad as an “instigator” and accused him of working against the ethics of journalism by posting anti-national content that had a negative impact on the sovereignty and unity of the country. The PSA dossier concluded that Fahad could pose a serious threat to the security of J&K by way of his unlawful activities. (KDC)

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( With inputs from : kashmirlife.net )

April 14, 2023
SC quashes Centre’s ban on MediaOne, states ‘critical views not anti-establishment’

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New Delhi: The Supreme Court on Wednesday quashed the Centre’s denial of security clearance to Malayalam news channel MediaOne, and pulled up the Ministry of Home Affairs for raising national security claims in “thin air” without facts.
A bench headed by Chief Justice DY Chandrachud set aside the Kerala High Court order which had upheld the Centre’s decision to ban the channel’s telecast on security grounds.
The top court said critical views of the channel against government policies cannot be termed as anti-establishment as an independent press is necessary for a robust democracy.

“National security claims cannot be made out of thin air, there must be material facts backing it,” the bench said.
The top court was hearing the plea of the news channel against the Kerala High Court’s order which had upheld the Centre’s decision to ban its telecast on security grounds.
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#quashes #Centres #ban #MediaOne #states #critical #views #antiestablishment

( With inputs from www.siasat.com )

April 5, 2023
JK HC Quashes Seven PSAs, Upholds One

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SRINAGAR: The High Court has invalidated seven detention orders that were issued under the Public Safety Act and has directed the authorities to release the detainees who were held in preventive custody. The seven individuals are Suhail Ahmad Bhat from Srinagar, Altaf Ahmad Bhat from Kupwara, Farooq Ahmad Khan from Bandipora, Shamim Ahmad Wani from Anantnag, Mohammad Khumani Dar from Pulwama, Tanveer Ahmad Malik from Anantnag, and Imtiyaz Ahmad Dar from Kulgam. The orders to detain them were issued on different dates, namely 21.1.2023, 4.12.2021, 25.6.2022, 7.4.2022, 18.10.2021, 13.08.2021, and 29.03.2022.
The detention order issued against Suhail Ahmad Bhat in January 2023 has not been executed yet, and the petitioner is currently receiving specialized medical treatment in Delhi with a valid permission from the court of Special Judge Designated Under NIA Act, Srinagar.
In Bhat’s case, the court stated that the respondents are aware that he is not absconding or avoiding arrest but is instead in Delhi for medical treatment. The court further added that the detention order cannot remain in effect indefinitely and in violation of the provisions of the PSA, especially when it has not been executed due to the respondents’ failure without any reasonable explanation. Therefore, the court invalidated the order.
The court addressed the cases of three other detainees and stated that they cannot exercise their constitutional and statutory rights guaranteed under Article 22(5) of the Constitution of India unless they are given access to the material on which their detention is based.
The court also noted that the grounds for detention provided to these detainees were merely a copy of the dossier provided to the detaining authority, which indicates that the detaining authority did not apply its own judgment and passed the detention order in a mechanical and routine manner. The court emphasized that the detaining authority must use its own independent judgment when formulating grounds for detention and cannot simply reiterate what is written in the dossier, as this would render the detention order invalid.
The detention record produced by the respondents showed that the detaining authority passed the order of detention based on activities of the detenu that were considered prejudicial to public order, while the grounds of detention referred to activities prejudicial to the security of the State. This indicates that the detaining authority did not apply proper thought while arriving at its subjective satisfaction. The court, taking into account the aforementioned facts and the law, allowed the petitions and annulled the detention orders issued by the District Magistrates. The respondents were instructed to immediately release the detenues, provided they were not detained in any other case.
Regarding the case of detenue-Imtiyaz Ahmad Dar, the court stated that the regular law should have been sufficient to prevent the detenu from engaging in activities deemed prejudicial to the security of the State by the detaining authority.
In the case of detenue Tanvir Ahmad Malik, the Division Bench found that the grounds of detention did not provide sufficient compelling reasons to justify his continued detention, especially since there was no evidence to suggest that he would engage in such activities if released on bail.

On the other hand, the court upheld the PSA of detenue-Muntazir Ahmad Mir, who was detained by the District Magistrate Pulwama. The court found that the grounds of detention against Mir were specific and included the names of alleged terrorists with whom he had close association, showing his involvement in subversive activities. Therefore, the court deemed the grounds of detention against Mir to be clear and specific, and not vague.

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( With inputs from : kashmirlife.net )

April 2, 2023
Kerala HC quashes Guv’s order withdrawing 15 senate members

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Kochi: In a huge set back to Governor Arif Mohammed Khan, the Kerala High Court on Friday quashed his order which withdrew 15 nominated senate members to the University of Kerala.
Khan, who is also the chancellor of universities in the state, took the decision to withdraw in October last year, after the nominated senate members by him refused to heed to his directives.
It was against this order that a few senate members who lost their membership approached the high court and after a long drawn legal battle, the court quashed the order.
Congress spokesperson and former senate member Jyothikumar Chamakala said that this directive from the court was expected.
“The Chancellor (Governor) made a mistake of withdrawing four ex-officio members also, which though nominated by him, he doesn’t have the authority. The remaining 11 members can be Aremoved by him, but he did the mistake of removing all 15. We had pointed this out, then itself,” said Chamakala.
Meanwhile sources close to Khan’s office said they are waiting for the order of the court to see the scope for going for an appeal.
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( With inputs from www.siasat.com )

March 24, 2023
Karnataka HC quashes ED’s order freezing bank accounts of Amnesty International

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Bengaluru: The Karnataka High Court has quashed a 2018 Enforcement Directorate order of freezing the bank accounts of Amnesty International India Private Limited.
The petition filed by Amnesty International in 2018 was allowed and the notices quashed, the single-judge bench of Justice K S Hemalekha said in its February 24 order. A copy of the judgment was made available recently.
In the judgment, the court said: “On perusal of the provisions of Section 132(8A) of the Act, it is evident that order under Sub-Section (3) of Section 132 of the Income Tax Act would not be in force beyond sixty days from the date of the order. In light of the provisions of Section 132(8A), the impugned notices dated 25.10.2018 have lost their efficacy by efflux of time as the period of sixty days has expired.”
The court, however, said all the contentions are left open to be urged before the appropriate authority in accordance with law.
Calling itself a company “engaged in the business of rendering, research (primary and secondary) and consultancy services regarding human rights”, Amnesty claimed in the petition before the High Court that on October 25, 2018, without any notice to it, a search and seizure was conducted on its premises. Several documents, agreements and mobile phones were scrutinised and confiscated.
Following this, the bank accounts of Amnesty in HDFC Bank and Kotak Mahindra Bank were frozen by a Government Order without any notice to it. This was challenged in the petition before the High Court.
The advocate for Amnesty pointed to the Greenpeace India Society vs Union of India case in which a similar issue was decided. The High Court accepted this contention.
In the Greenpeace case, the NGO sought to quash the order blocking its financial assets which had been frozen by an order of the Ministry of Home Affairs following a bank transfer from another NGO located in Netherlands. The High Court held that the Ministry’s arguments were not satisfactory enough to freeze the financial assets of Greenpeace and ordered that the bank allow the NGO to have access to its accounts.

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( With inputs from www.siasat.com )

March 23, 2023
SC quashes criminal proceedings against doctor accused of stocking medicines for sale

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New Delhi: The Supreme Court on Wednesday quashed criminal proceedings against a doctor accused of stocking medicines for sale, saying the “extremely small” quantity of medicines which was seized can easily be found in the house or consultation room of a medical practitioner.
The apex court observed that considering the small quantity of medicines, most of which were in the category of lotions and ointments, it cannot be said by any stretch of imagination that they could be stocked for sale.
It noted that the appellant is a senior doctor who is engaged as an associate professor and head of the dermatology department in a government medical college in Chennai.
“When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop,” a bench of Justices Krishna Murari and Sudhanshu Dhulia said.
The bench delivered its verdict on a plea filed by the doctor against a June 2022 order of the Madras High Court which had dismissed her petition seeking quashing of criminal proceedings.
The top court observed it is permissible for her under the law to practise medicine when she is not performing her official duties.
It noted that the doctor, in her individual and independent capacity, was carrying on her medical practice at a premises in Chennai and an inspection was made there by the drugs inspector in March 2016.
The bench further noted that as per the inspection report, the drugs inspector found some medicines like lotions and ointment in the inner room of her premises and he had also referred to certain sale bills of medicines.

The bench noted the drugs inspector thereafter moved an application for obtaining sanction from the office of the Director of Drugs Control, Tamil Nadu, which was given in January 2018 and consequently, a complaint was filed before a court for prosecuting her under section 18(c) of the Drugs and Cosmetics Act, 1940.
It said the prohibition under section 18(c) of the Act is on the manufacturing, distribution, stocking or exhibition of medicines for the purpose of sale.
“The charge in the present case is that the appellant (doctor) had ‘stocked’ medicines for ‘sale’. The entire emphasis is on ‘sale’ of these medicines,” the bench noted.
It said what the director of drugs control and the high court lost sight of is the fact that she is a registered medical practitioner and her area of specialisation being dermatology.
“It is not a case that she had opened a shop in her premises from where she was selling drugs and cosmetics across the counter! It is possible that she was distributing these drugs to her patients for emergency uses and thus she is protected by the Act itself,” the apex court said.
The bench observed it is not the case of the prosecution that she was selling drugs from an open shop across the counter.
“But given the facts and circumstances of the case and considering that the appellant is a registered medical practitioner, along with the fact that the quantity of medicines which have been seized is extremely small, a quantity which can be easily found in the house or a consultation room of a doctor, in our considered view no offence is made out in the present case,” it said.
The bench noted that the search was carried out in March 2016 and the sanction for prosecution was sought in September 2016.
It said the sanction was given in January 2018 and there is no explanation given for this delay in getting the approval.
“The sanction for prosecution given in the present case appears, prima facie, to suffer from the vice of non -application of mind. There is no reference to any of the documents, evidence or the submissions submitted by either of the parties, no reasons assigned or even an explanation pertaining to the delay which indicates it has been passed in a mechanical manner,” the bench said.
While allowing the appeal, it set aside the order of the high court and quashed the criminal proceedings in the case.
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( With inputs from www.siasat.com )

March 15, 2023