Gujarat High Court Grants ₹1 Lakh Damages Over Email Attachment Error

In a troubling case in Gujarat, a man who had been granted bail in 2020 remained behind bars for an additional three years. The reason? The prison authorities claimed they were unable to open an email attachment containing his bail order sent by the High Court registry. As a result, the Gujarat High Court has ordered the state to compensate the individual with ₹1 lakh.

The man in question, Chandanji Thakor, aged 27, had originally been serving a life sentence for a murder conviction. His sentence was suspended on September 29, 2020, with this information communicated to the prison authorities via email from the High Court registry. Unfortunately, due to the COVID-19 pandemic, the email went unnoticed by the jail authorities, and Thakor’s release order remained unimplemented.

According to the prison authorities, they were unable to take the necessary action because they couldn’t open the attachment in the received email. Additionally, the District Legal Services Authority (DLSA) did not inform the jail authorities about the suspension of Thakor’s sentence.

Recognizing the gravity of the situation and the negligence on the part of the jail authorities, the Gujarat High Court ruled that the state must pay Thakor ₹1 lakh in compensation. The court stressed that this case serves as a stark reminder of the urgent need for improved coordination and communication between legal entities and prison officials.

The court went further by directing all District Legal Services Authorities (DLSAs) to compile data on prisoners who have been granted bail but may still be incarcerated due to various reasons, such as a lack of surety or non-execution of jail bonds. These authorities are tasked with investigating the reasons behind the continued detention of such individuals.

This ruling underscores the critical importance of ensuring that individuals who have been granted bail are released promptly and without undue delay. In Thakor’s case, the failure to open a simple email attachment had a profound impact on his life, resulting in an extended period of incarceration despite being eligible for release on bail.

This case highlights the pressing need for effective procedures to prevent such oversights in the criminal justice system, especially when it comes to implementing court orders for the release of individuals who have been granted bail. It also serves as a poignant reminder of the challenges posed by the COVID-19 pandemic, which disrupted routine operations and communications, leading to unfortunate situations like Thakor’s prolonged imprisonment.

Bombay HC Seeks Legal Input in Rahul Gandhi Defamation Case

The Bombay High Court has sought the assistance of Maharashtra’s Advocate General, Birendra Saraf, in a defamation case involving Rahul Gandhi, a prominent Congress leader and Member of Parliament. The case originates from a defamation complaint filed against Gandhi by Mahesh Hukumchand Shrishrimal, a member of the Bharatiya Janata Party (BJP), which resulted in criminal proceedings being initiated against Gandhi by a Metropolitan Magistrate Court in Girgaon. The matter pertains to an alleged incident in September 2018 when Rahul Gandhi conducted a political rally in Rajasthan. During the rally, he purportedly made defamatory statements against India’s Prime Minister, Narendra Modi.

Following the alleged defamatory remarks made by Gandhi, Prime Minister Modi was reportedly subjected to online trolling and negative media coverage across various news channels and social media platforms. In response, the Metropolitan Magistrate Court issued a summons to Rahul Gandhi on August 28, 2019, to appear before the court. Gandhi subsequently challenged this order in the Bombay High Court after receiving the summons in July 2021.

Rahul Gandhi, represented by advocate Kushal Mor, contended that the defamation complaint against him was frivolous, vexatious, and driven by the complainant’s ulterior political motives. Gandhi’s legal team, led by advocate Sudeep Pasbola, argued that there were legal barriers to the complaint’s validity. They cited Section 199(2) of the Code of Criminal Procedure (CrPC), which stipulates that a sessions court must take cognizance of an offense when it is alleged to have been committed by a public servant in the discharge of their public duties. Pasbola asserted that this provision constituted a legal impediment for Mahesh Shrishrimal, the complainant, preventing him from filing the defamation complaint.

Furthermore, Pasbola pointed out that according to Explanation 2 under Section 499 of the Indian Penal Code (IPC), a political party is not considered an eligible entity to file a defamation plea. Consequently, Shrishrimal’s attempt to file the complaint in a representative capacity on behalf of a political party was legally untenable.

In light of these legal complexities and the crucial questions of law raised in the case, Justice SV Kotwal of the Bombay High Court decided to seek the assistance of Maharashtra’s Advocate General. The judge emphasized the importance of addressing the significant legal issues involved in this matter.

As a result, the case has taken a notable turn, with the involvement of the Advocate General expected to provide valuable legal insights. It remains to be seen how this assistance will impact the ongoing legal proceedings and whether Rahul Gandhi’s plea to quash the defamation case will ultimately succeed. The case underscores the intersection of legal principles and political disputes in India’s judicial landscape, with potential ramifications for defamation cases involving public figures in the future.

Supreme Court Ensures Access to Manipur High Court Amid Violence Concerns

The Supreme Court is checking that lawyers from all backgrounds can access the Manipur High Court amid concerns. They clarified they don’t intend to run Manipur’s administration but aim to ensure lawyers’ access. This relates to cases about violence in Manipur. The Court ordered a CBI inquiry into a video showing women paraded naked. A committee is studying the situation and suggesting actions. Topics like Aadhaar cards, disability certificates, and victim compensation were discussed during the hearing.

Justice MR Shah Highlights BCI’s Upcoming Radical Changes in Legal Education

The Bar Council of India (BCI), led by former Supreme Court Justice MR Shah, is planning significant changes in India’s legal education system. These changes aim to prepare Indian lawyers to compete with foreign law firms. The BCI’s Legal Education Committee, under Justice Shah’s leadership, will propose alterations to the curriculum and teaching methods. This may include adding subjects like commercial law to the syllabus and focusing on training for virtual court proceedings. The BCI is committed to enhancing the quality of legal education in India and addressing the evolving needs of the legal profession.

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Calcutta High Court: Wife’s Property Sale Without Husband’s Permission Not Cruelty

The Calcutta High Court ruled that a wife selling property in her name without her husband’s permission is not considered cruelty. The court overturned a divorce decree granted to the husband in 2014, citing cruelty and desertion. The judges noted that both spouses were educated, and the wife’s decision to sell property in her name without seeking her husband’s approval did not constitute cruelty. The court emphasized that a wife has the right to make decisions about her property without needing her husband’s permission. The ruling aimed to promote gender equality and rejected notions of male dominance in society. The court also dismissed claims of desertion and upheld the sanctity of the marriage.

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PM Modi Acknowledges Indian Judiciary’s Commitment to the Rule of Law

Prime Minister Narendra Modi emphasized the significance of a robust, independent judiciary in India during an International Lawyers Conference hosted by the Bar Council of India. He highlighted that India’s judiciary has consistently upheld the rule of law and played a critical role in the nation’s development. Chief Justice of India DY Chandrachud praised the Supreme Court for making judgments available in regional languages. PM Modi expressed his commitment to presenting laws in both legal and layperson language to enhance accessibility and understanding. He also acknowledged the pivotal role lawyers played in India’s struggle for independence and hoped the conference would raise awareness of legal rights.

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Delhi High Court: Right to Choose Life Partner Unaffected by Religion

The Delhi High Court has said that people have the right to choose their life partners, and this choice shouldn’t be controlled by religion or beliefs. The right to marry is an important part of personal freedom. It’s not the government, society, or parents who can decide whom you marry, especially when it involves two consenting adults.

The court made this statement while helping a couple who were getting threats from the woman’s family. They got married under a special law because they belonged to different religions, and the parents didn’t agree.

The court said that the right to marry who you want is not just important in our country but is also part of international human rights. It’s a fundamental part of the Indian Constitution, which guarantees the right to life.

The judge also said that the woman’s parents can’t threaten the couple because they don’t need anyone’s approval for their choices.

The court ordered that the police should give the couple the contact information for a specific police officer and the local police station. They can call them if they need help. The police should also protect them as required by the law.

Karnataka Government moves to ban hookah bars

Karnataka to Ban Hookah Bars and Raise Tobacco Purchase Age

Karnataka Government moves to ban hookah barsThe Karnataka government plans to ban hookah bars in the state and might increase the age for buying cigarettes from 18 to 21. The Health Minister, Dinesh Gundu Rao, and the Youth Empowerment Minister, B Nagendra, announced this decision in a press conference.

They aim to create a new law to ban hookah bars to protect the health of the state’s youth. These changes will be made by amending the Cigarettes and Other Tobacco Products Act (COTPA) during the upcoming winter session of the State legislature.

The government will work with the police to enforce this ban effectively. Additionally, they are considering raising the minimum age to buy tobacco products from 18 to 21 to discourage young people from using them. This change intends to curb underage access to tobacco products.