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Tag: Chhattisgarh High Court

  • Chhattisgarh HC: Recording mobile phone conversations without permission violates right to privacy

    By PTI

    BILASPUR: The Chhattisgarh High Court has ruled that recording the mobile phone conversation of a person without the latter’s knowledge amounts to a violation of the right to privacy under Article 21 of the Constitution.

    The HC was earlier this month hearing a petition moved by a 38-year-old woman challenging a family court’s order allowing her husband’s application in a maintenance case pending since 2019.

    The HC observed that the husband recording his wife’s phone conversation without her knowledge amounts to violation of her right to privacy and also the petitioner’s right guaranteed under Article 21 of the Constitution.

    and also the petitioner’s right guaranteed under Article 21 of the Constitution.

    The woman had moved an application for a grant of maintenance from her 44-year-old husband at the family court in the Mahasamund district.

    The man moved the family court seeking re-examination of his wife on the ground that certain conversation was recorded on the mobile phone and he wanted to cross-examine the petitioner and confront her with the conversation recorded on the phone.

    The family court in an order dated October 21, 2021, allowed the man’s application, following which the woman approached the HC in 2022 challenging the family court’s order, her lawyer Vaibhav A Goverdhan said.

    The man was trying to prove before the family court through the mobile conversation that his wife was committing adultery and hence he need not have to pay maintenance to her once they are divorced, he said.

    During the hearing in the HC, the woman’s counsel submitted that the family court had committed an error of law by allowing the application as it infringed on the right of privacy of the petitioner, and without her knowledge, the conversation was recorded by her husband and the same cannot be used against her.

    He quoted some judgments passed by the Supreme Court and the High Court of Madhya Pradesh.

    On October 5, Chhattisgarh High Court Justice Rakesh Mohan Pandey set aside the verdict of the family court.

    “It appears that the respondent (husband) has recorded the conversation of the petitioner (wife) without her knowledge behind her back which amounts to the violation of her right to privacy and also the right of the petitioner guaranteed under Article 21 of the Constitution of India,” the HC noted.

    “Further, the right of privacy is an essential component of the right to life envisaged by Article 21, therefore, in the opinion of this court, the learned family court has committed an error of law in allowing the application under section 311 of the CrPC along with the certificate issued under section 65 of the Indian Evidence Act. Accordingly, the order passed by the learned family court is hereby set aside,” it added. Follow The New Indian Express channel on WhatsApp

    BILASPUR: The Chhattisgarh High Court has ruled that recording the mobile phone conversation of a person without the latter’s knowledge amounts to a violation of the right to privacy under Article 21 of the Constitution.

    The HC was earlier this month hearing a petition moved by a 38-year-old woman challenging a family court’s order allowing her husband’s application in a maintenance case pending since 2019.

    The HC observed that the husband recording his wife’s phone conversation without her knowledge amounts to violation of her right to privacy and also the petitioner’s right guaranteed under Article 21 of the Constitution.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    and also the petitioner’s right guaranteed under Article 21 of the Constitution.

    The woman had moved an application for a grant of maintenance from her 44-year-old husband at the family court in the Mahasamund district.

    The man moved the family court seeking re-examination of his wife on the ground that certain conversation was recorded on the mobile phone and he wanted to cross-examine the petitioner and confront her with the conversation recorded on the phone.

    The family court in an order dated October 21, 2021, allowed the man’s application, following which the woman approached the HC in 2022 challenging the family court’s order, her lawyer Vaibhav A Goverdhan said.

    The man was trying to prove before the family court through the mobile conversation that his wife was committing adultery and hence he need not have to pay maintenance to her once they are divorced, he said.

    During the hearing in the HC, the woman’s counsel submitted that the family court had committed an error of law by allowing the application as it infringed on the right of privacy of the petitioner, and without her knowledge, the conversation was recorded by her husband and the same cannot be used against her.

    He quoted some judgments passed by the Supreme Court and the High Court of Madhya Pradesh.

    On October 5, Chhattisgarh High Court Justice Rakesh Mohan Pandey set aside the verdict of the family court.

    “It appears that the respondent (husband) has recorded the conversation of the petitioner (wife) without her knowledge behind her back which amounts to the violation of her right to privacy and also the right of the petitioner guaranteed under Article 21 of the Constitution of India,” the HC noted.

    “Further, the right of privacy is an essential component of the right to life envisaged by Article 21, therefore, in the opinion of this court, the learned family court has committed an error of law in allowing the application under section 311 of the CrPC along with the certificate issued under section 65 of the Indian Evidence Act. Accordingly, the order passed by the learned family court is hereby set aside,” it added. Follow The New Indian Express channel on WhatsApp

  • Not squeezing into mould as per husband’s desire no decisive factor for woman to lose child’s custody: Chhattisgarh HC

    By PTI

    BILASPUR: Quashing a family court’s order that granted custody of a child to the father, the Chhattisgarh High Court has observed that if a woman “does not squeeze into the mould” as per the desire of her husband, it does not become a decisive factor for her to lose the custody of their child.

    A division bench of Justices Goutam Bhaduri and Sanjay S Agarwal, while delivering the judgement in a case related to the custody of a 14-year-old boy, also said the character certificate by the society’s few members with “ostrich mindset” should not be allowed to decide the character of a woman.

    The judgement, which was passed on March 28, was uploaded on the high court’s website on Monday, according to which the custody of the child was granted to his mother, the woman’s lawyer Sunil Sahu said on Wednesday.

    The couple had got married in 2007 and their son was born in December the same year.

    They got divorce with mutual consent in 2013, following which the custody of the child was given to his mother, a resident of Mahasamund district, he said.

    “In 2014, the woman’s husband, who hails from Raipur district, filed an application in Mahasamund district family court seeking the custody of the child on the ground that the woman is in company of different male and used to travel along with other male member and her attire was not befitting to which would reflect that she had lost her chastity.

    The man also said, if the child is kept in her custody, there would be an ill effect on his mind,” Sahu said.

    The family court in 2016 had handed over the custody of the child to his father, he said.

    The woman then challenged the family court’s order citing it was passed only on the basis of presumption, which requires interference.

    Setting aside the family court’s order, the high court said, “…The evidence on behalf of father, it appears that the witnesses have stated according to their own opinion and thought. If the lady is required to do a job that too in the field for her livelihood, naturally she would be required to move from one place to other and only because of the fact that she is required to rub her shoulder with public at large or male i.e.to accompany them in the car, there cannot be an inference that she has lost her chastity.”

    “Only bald oral statement is made that she is addicted to consume liquor and smoke, etc. It is important to set a red line when the attack is made to assassinate the character of the lady. The statement of witnesses of plaintiff would show that they are largely influenced by attire of women as she wears jeans and T-shirt along with the fact that she is marching along with male members of society,” it said.

    We are afraid that if such ill-conceived exercise is given a spotlight, then to protect the right and freedom of women would be a long arduous battle.

    If the wife does not squeeze into the mould as per desire of husband, it would not be a decisive factor to lose custody of the child by her, the high court observed.

    “By attacking the character of the wife to impress upon that it would have an adverse impact on the mind of the child, the degree of nature of evidence should have been much more and severe to hold that continuous a kind of behaviour of wife would be detrimental to the interest of child.

    The character certificate by few of the society members, who might have ostrich mind set, should not be allowed to decide the character of a woman and to draw an inference while deciding the custody of the child that because of the behaviour of mother it would have an adverse impact on the mind of the child,” it said.

    The high court also granted visitation and contact rights to the father and issued directions in this regard.

  • Unmarried daughter can claim marriage expenses from parents: Chhattisgarh HC

    By PTI

    RAIPUR: The Chhattisgarh High Court has ruled that an unmarried daughter can claim the expenses of marriage from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956.

    A division bench of the high court in Bilaspur was hearing a petition filed by a 35-year-old woman, Rajeshwari, a native of Chhattisgarh’s Durg district.

    The bench of Justices Goutam Bhaduri and Sanjay S Agrawal on March 21 allowed her plea for hearing by admitting that an unmarried daughter can claim the amount of her marriage from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956, said the petitioner’s advocate A K Tiwari.

    The bench set aside the order dated 22 April 2016 passed by the Principal Judge of family court Durg and remanded the matter to the family court for adjudication of the same on merits in the spirit of Section 3(b) (ii) of the Act of 1956.

    The court has directed the parties to appear before the family court. The petitioner, daughter of an employee of Bhilai Steel Plant (BSP) Bhunu Ram, filed a petition in Durg family court under Hindu Adoptions and Maintenance Act, 1956, and made a claim that maintenance to the tune of around Rs 20 lakh be given to her in the mode of marriage expense.

    The family court had on 7 January 2016 dismissed the application by stating that there is no provision in the Act that a daughter can claim the amount of her marriage.

    In her plea, Rajeshwari said that the respondent, Bhanu Ram, is going to retire and likely to receive Rs 55 lakh as retiral dues, therefore, appropriate writ be issued directing the respondent-employer Bhilai Steel Plant to release a part of his retiral dues to the tune of Rs 20 lakh in her favour.

    Challenging the order of the family court, Rajeshwari had moved the high court stating that as per the law, an unmarried daughter can demand the expenses of marriage from her father, claiming that the expense comes under the purview of maintenance, Tiwari said.

    The bench considered the decision as significant and it has been approved for reporting (AFR), he said, explaining that the case would now be given place in all the law books. This the first of its kind order by the high court of Chhattisgarh, Tiwari added.

  • Chhattisgarh HC orders CBI probe in 2018 murder of family

    By PTI

    BILASPUR: The Chhattisgarh High Court has directed the CBI to probe the murder of a couple and their two minor sons that took place in the state’s Mahasamund district in 2018.

    Justice Goutam Bhaduri on Friday passed the order on a petition filed by a family member of the deceased persons, which claimed that the investigation carried out by the local police was “shoddy”, and directed to hand over the case to the CBI.

    The High Court held that, “perusal of the material seized along with the affidavit of the State (in the case) do not inspire confidence of fair investigation.”

    On the intervening night of May 30 and 31, 2018, health worker Yogmaya Sahu (30), her husband Chaitanya (31) and their sons Kunal (9) and Tanmay (7) were killed in a government quarter in Kishanpur village’s sub-health centre premises.

    The police arrested Dharmendra Bariha of the village in connection with the murder and later based on his narco analysis, four more accused – then sarpanch of Kishanpur Suresh Khunte, Phoolsingh Yadav, Gaurishankar Kewat and Akhandal Pradhan – were arrested in 2019.

    The five accused are in jail and the case is under trial in the district court. Dissatisfied with the police investigation, Chaitanya’s father Babulal Sahu had approached the High Court seeking to get the matter further investigated by other agencies, claiming that the police had failed to carry out a fair probe.

    As per the order, the petitioner’s counsel Raghvendra Pradhan submitted that “the house where the four murders took place was under the CCTV surveillance.” in the press conference (after the offence), the then Superintendent of Police came out with a statement that the digital video recording (DVR of the CCTV) has been seized, but the case diary or the final report is silent about such seizure”.

    Bariha was made an accused on the report of Suresh, who was subsequently found to be involved in the crime.

    The police were helping the accused, who were involved in the business of alcohol and drugs, for which a monthly payment was being made to the police, which was revealed in the narco test, the petitioner’s counsel argued.

    After hearing the arguments of both the parties, the High Court had reserved its order on March 14. In its order passed on Friday, the court noted that certain links were missing in the case and they were serious in nature.

    “Prima facie, perusal of the material seized along with the affidavit of the state do not inspire confidence of fair investigation, as such, I deem it proper to direct further investigation of the matter by the CBI,” Justice Bhaduri observed.

    The CBI will further investigate the case and proceed in accordance with the law within a period of four months from the date of receipt of a copy of the order, the court said.

  • HC quashes Chhattisgarh government’s decision to abolish pension scheme for MISA detainees

    Express News Service

    RAIPUR: In a setback to the Congress-ruled Chhattisgarh government, the High Court on Tuesday declared the state’s decision to scrap the pension scheme for the detainees under the Maintenance of Internal Security Act (MISA) during the 1975-77 Emergency period, as against the rules and nullified it.

    “A division bench headed by the Chief Justice Arup Kumar Goswami and Justice Narendra Vyas after hearing the arguments gave the order through video conferencing, citing the decision of the state government as arbitrary, against the rules and had annulled it. The court ordered for the continuation of the pension and also release the arrears of the MISA pensioners,” Upendranath Awasthi, senior counsel for the petitioners, told The New Indian Express.

    Around 70 MISA pensioners had filed a petition in the High Court challenging the decision of the state government to scrap the pension rules in 2019.

    “We will now file a Special Leave Petition (SLP) in the Supreme Court in the given case,” said Satish Chandra Verma, Advocate General of the state, after the High Court order.

    After the formation of the Congress government in Chhattisgarh, Chief Minister Bhupesh Baghel had instructed that there be a physical verification of all beneficiaries of MISA pensions, following which all commissioners and the district collectors had stopped the pensions from February 1, 2019.

    Justifying the government’s decision, CM Baghel had then asserted that such people (pensioners) cannot be called freedom fighters.

    The scheme for MISA detainees was launched by the Raman Singh government in 2008. “The Court’s decision on restoration of the MISA pension scheme is a victory of the democracy,” the former BJP CM said.

    Under the pension scheme, the people who remained in jail under MISA for three months were entitled to Rs 10000 per month, those imprisoned for six months were given Rs 15000 a month and those jailed for over six months Rs 25000.

  • Chhattisgarh HC quashes FIR against former bureaucrat Aman Singh, his wife in DA case

    By PTI

    BILASPUR: The Chhattisgarh High Court on Monday quashed the FIR registered against the state’s former principal secretary Aman Singh and his wife for allegedly amassing disproportionate assets observing that the registration of the case was the “abuse” of the process of law and that the allegations were prima facie based upon probabilities.

    A single bench of Justice Narendra Kumar Vyas passed the order after hearing the petitions filed by Singh and his wife, Yasmin Singh, challenging the FIR, their counsel Abhishek Sinha said.

    The case was registered in February 2020 against the Singhs under sections of the Prevention of Corruption Act, 1988 and 120 (B) (criminal conspiracy) of the Indian Penal Code based on a complaint lodged by Uchit Sharma.

    Sharma, who claims himself to be an RTI activist, is based in Raipur.

    The petitioners had challenged the FIR claiming that it contains baseless and immaterial allegations and deserves to be quashed.

    The petitioners had also submitted that the FIR is an abuse of police and State power, Sinha said.

    After hearing the arguments, the HC had reserved its order on October 4 last year.

    “The FIR has been registered based on the complaint made by one Uchit Sharma for the alleged disproportionate property against the petitioners and involvement of the petitioner (Aman Singh) in the various scam and money laundering, but the FIR does not speak about how the petitioner involved in the alleged scam as mentioned in the FIR.

    “It has also been stated in the FIR that the petitioner was working in various posts of profit and working as an influential person and the fact is not in dispute that the petitioner was on deputation and worked as Joint Secretary with the Government of Chhattisgarh, definitely he has posted in the office of Chief Minister of State, therefore, merely his working as Joint Secretary cannot be said to have been the commission of an offence under Section 13 (1)(b), 13 (2) of the Act, 1988 and Section 120B of IPC, thus, the registration of FIR is nothing but an abuse of process of law,” the high court’s order said.

    It said the FIR nowhere discloses commission of any offence with definite facts and figures.

    “It is not in dispute that truthfulness of allegation has to be examined on evidence, but at least it is incumbent on the part of the prosecution that the FIR should prima facie disclose the commission of an offence under Section 13 (1)(b) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and Section 120B of IPC, but all the allegations levelled against the petitioner are prima facie based upon probabilities and based on probability any person cannot be prosecuted,” the bench said.

    Aman Singh, formerly an IRS (Indian Revenue Service) officer, had joined the Raman Singh government during its first tenure in 2004 on deputation.

    He resigned from the IRS in 2010 and continued to work with the state BJP government on a contractual basis.

    He was an influential bureaucrat during the 15-year Raman Singh rule in the state and served in various prominent capacities.

    His wife worked with Public Health Engineering (PHE) and Panchayat and Rural Development Department on a contractual basis from 2005 to 2018, the EOW had said.

    Aman Singh had resigned from service after Congress was elected to power following the 2018 assembly elections.

  • SC sets aside Chhattisgarh HC order directing CBI to lodge FIR for alleged misappropriation of funds

    By PTI

    NEW DELHI: The Supreme Court has set aside a Chhattisgarh High Court order which had directed the CBI to register an FIR in connection with the alleged misappropriation of over Rs 1,000 crore in the State Resource Centre (SRC) and Physical Referral Rehabilitation Centre (PRRC) over a period of around 10 years.

    The high court had passed the order in January last year on a public interest litigation seeking direction to the CBI to register an FIR, including against some senior bureaucrats, in connection with the alleged siphoning of funds from the SRC and PRRC of the state government.

    The apex court noted that in his plea filed in the high court, the petitioner had arrayed 31 respondents including some senior officials as parties but there was nothing on record to indicate that all of them were duly served before the order was passed.

    “This is not the way a public interest litigation can be proceeded with. More so, in respect of allegations which are serious, attributing criminality to high officials of the state government and other persons,” a three-judge bench headed by Justice A M Khanwilkar said in its order passed on October 7.

    The bench, also comprising justices Dinesh Maheshwari and C T Ravikumar, passed the order while hearing a plea against the high court order.

    It said the petitioner having chosen to implead the parties by name, “the minimum fairness in dealing with the allegations in the writ petition was to put all such respondents to notice before passing any peremptory order.”

    “Accordingly, we set aside the impugned judgment and order and relegate the parties by restoring the writ petition to the file of the high court to its original number for being considered afresh on its own merit and in accordance with law,” it said.

    The bench was informed that on the basis of the high court order, the CBI had registered an FIR in the matter in February last year.

    It said the FIR would stand revived and investigation can proceed only if the high court finally answers the issue in favour of the petitioner.

    “Until the final order is passed, no precipitative steps be taken by the CBI in connection with the said FIR,” it said, while disposing of the appeal.

    The bench, which said the parties would appear before the high court on October 28, requested the high court to deal with the matter expeditiously.

    In its order, the high court had noted that according to the petitioner, PRRC was set up for working for the welfare of disabled and handicapped persons and was supposed to make artificial limbs for them.

    It had noted that as per the petitioner, the SRC provided funds to PRRC for payment to alleged fake employees as also for running the establishment, its functioning and purchase of equipments.

    The plea before the high court had alleged that the petitioner and several others at different PRRC throughout the state were shown as government employees and whopping amount towards their salary was withdrawn for purported payment but they were never paid remuneration for working with the PRRC.

    The petitioner had claimed in the high court that such persons were shown to be employed and working with the SRC or PRRC only for showing payment of salary to them.

    “The report along with submission memo of the respondent/state partially admits of certain financial irregularities, however, no serious attempt has been made to unearth and find out as to who has siphoned the amount,” the high court had noted in its order while directing the CBI to register an FIR in the matter. 

  • Forced sex with legally wedded wife does not amount to rape, says Chhattisgarh HC

    By PTI

    BILASPUR: The Chhattisgarh High Court has discharged a 37-year-old man in a rape case filed against him by his wife after observing that sexual intercourse or any sexual act with a legally wedded wife is not rape even if done by force or against her wish.

    However, the HC did not grant any relief to the man who was also charged under IPC section 377 (unnatural offences).

    Justice NK Chandravanshi delivered the judgement on August 23 in a criminal revision plea filed by the man and his two family members, seeking to quash rape charge (against him) and other offences framed against them, their lawyer YC Sharma said on Thursday.

    As per the order, the victim married the man, a native of Changorabhata in Raipur, in 2017.

    After a few days of marriage, the woman’s husband and her two in-laws allegedly started harassing her for dowry.

    The woman later lodged a complaint at the Bemetara police station of Bemetara district against the three.

    After investigation, a charge-sheet under section 498-A (dowry harassment), 377 (unnatural offences), 376 (rape), 34 (common intention) of the IPC was filed against them.

    After providing opportunity of hearing to counsels of both the parties, a trial court had framed charges against the applicants under these sections, the order said.

    The trio, including woman’s husband, approached the High Court seeking to set aside the order of the trial court and discharge them from the charges, including that of rape against him.

    “Counsel for the applicants submits that the complainant and the applicant No.1 (man) are legally wedded wife and husband, therefore, none of the ingredients to constitute the offence punishable under Sections 376 and 377 of the IPC are spelt out against him, because, in India, marital rape is not recognized and the same is not an offence in view of Exception II of Section 375 of the IPC,” the HC said.

    The counsel had prayed that the impugned order be set aside and the applicants be discharged from charges brought against them, it said.

    After hearing, the HC had reserved its order on August 13 and it was delivered on Monday (August 23).

    The order said, “Exception II of Section 375 of the IPC, referred to above, makes it clear that sexual intercourse or sexual act by a man with his own wife, the wife not being under eighteen years of age, is not rape.” The judge said charge under IPC section 376 (rape) against the man was erroneous and illegal.

    “In this case, complainant is legally wedded wife of applicant No.1, therefore, sexual intercourse or any sexual act with her by the husband would not constitute an offence of rape, even if it was by force or against her wish. Therefore, charge under Section 376 of the IPC framed against the husband is erroneous and illegal. Hence, he is entitled to be discharged from the charge under Section 376 of the IPC,” it said.

    “In the instant case, the complainant has reported that the husband has many times, without her consent, made unnatural physical relation with her. Therefore, I do not find any infirmity or illegality committed by learned trial court in framing the charge under Section 377 of the IPC against the husband,” the HC said.

    The HC said no illegality has been committed in framing other charges against the accused.

    “Consequently, the instant revision is partly allowed. The applicant No.1 (husband) is discharged from the charge framed against him under Section 376 of the I.P.C.”

    This Court finds that trial Court has not committed any illegality in framing the charge under Section 377 and 498-A/34 of the IPC against all the applicants, it added.

  • Chhattisgarh HC allows minor rape victim to terminate pregnancy

    By PTI
    BILASPUR: The Chhattisgarh High Court has granted permission to a 15-year-old rape victim to terminate her less than 20-week pregnancy, an official said on Wednesday.

    A single bench of Justice Goutam Bhaduri on Tuesday passed the order directing that the victim is entitled to medical termination of pregnancy, the petitioner’s lawyer Anis Tiwari said.

    In the order, Justice Bhaduri said that it is obvious that if the victim was subjected to rape and if she is forced to give birth to a child, she would have to face a lifelong anguish, besides the fact that the child would also have to face disdain of the society, the lawyer said.

    The court further stated that in order to carry out the abortion, the state government will have to form a panel of expert doctors at the district hospital in Korba as early as possible, and the hospital must take due care of the victim’s health and provide her all the medical support.

    The court also directed that the DNA of the foetus should be preserved considering the fact that the victim has lodged a complaint of rape, and the information may be required at a future date, Tiwari said, adding that the girl has been directed to appear at the district hospital in Korba on July 14.

  • ‘Courts shall be careful in future’: SC takes exception to verdict mentioning victim’s name in rape case

    By PTI
    NEW DELHI: The Supreme Court has taken exception to a judgement delivered by a sessions court in Chhattisgarh in which the rape victim’s name was mentioned and said that all subordinate courts should be careful while dealing with such matters.

    A bench headed by Justice Ashok Bhushan said it is well established that in such cases, the name of victim is not to be mentioned in any proceeding.

    “However, we take exception to the judgment of the sessions judge where the name of victim is mentioned,” said the bench, also comprising Justices Vineet Saran and M R Shah.

    “We are of the view that all the subordinate courts shall be careful in future while dealing with such cases,” the bench said in its June 30 order.

    The apex court said this in the order by which it rejected the plea filed by a convict who was challenging the Chhattisgarh High Court verdict dismissing his appeal against conviction in a rape case.

    “In the facts of the case, we are not inclined to entertain this special leave petition. The special leave petition is accordingly dismissed,” the bench said.

    The high court, in its December 2019 judgement, had dismissed the convict’s plea against a trial court verdict awarding him 10 years jail after holding him guilty in the case.

    The sessions court in Mahasamund had convicted the man in the case lodged in 2001.

    The high court had upheld the trial court’s order saying the victim’s statement inspired confidence and as per the evidence, it cannot be said to be a case of consensual physical relation.

    The apex court, in a verdict delivered in December 2018, had said that name and identity of victims of rape and sexual assault, including those who have died, cannot be disclosed “even in a remote manner”.