News Analysis India

Tag: Rajasthan High Court

  • HC stays Rajasthan Cricket Association election

    By PTI

    JAIPUR: The Rajasthan High Court on Thursday stayed the state cricket association election in which Chief Minister Ashok Gehlot’s son Vaibhav Gehlot was in the fray for the post of president.

    A single judge bench of the high court presided by Justice Mahendra Goyal passed the order on a petition filed by District Cricket Associations (DCAs) of Dausa, Nagaur, Sriganganagar and Alwar.

    The election of the Rajasthan Cricket Association (RCA) was scheduled to be held on Friday (September 30).

    It was alleged in the writ petition that the election officer of the RCA, Ram Lubhaya, is a retired IAS officer who is not an “independent” person.

    The counsel appearing for the DCAs argued that Lubhaya was in the active engagement of the state of Rajasthan and was working under the chief minister whose son Vaibhav Gehlot is not only outgoing president of RCA but is also contesting for the same post again.

    It was alleged that in March this year, Lubhaya was appointed chairman of a high-powered committee for delimitation of the districts in Rajasthan for a period of six months and subsequently as an election officer on September 8 this month.

    Later the state government extended his term in the committee up to 2023 only on September 13 to “influence” the elections of RCA.

    The petition alleged that the election officer is not a “fair and independent” person, as contemplated by the Supreme Court while approving Justice (retd) Lodha Committee report in 2016 in the matter of BCCI.

    It was argued by the RCA counsel that if mere father is the criteria to say that elections are being influenced then Jay Shah is secretary of BCCI and his father is Union home minister, thus it cannot be said that even BCCI is reeling under political pressure.

    The court brushed aside the contentions of RCA and proceeded to stay the election scheduled to be held on Friday. The matter will now be heard on Friday which is the last working day before the break. The court will reopen on October 10.

    JAIPUR: The Rajasthan High Court on Thursday stayed the state cricket association election in which Chief Minister Ashok Gehlot’s son Vaibhav Gehlot was in the fray for the post of president.

    A single judge bench of the high court presided by Justice Mahendra Goyal passed the order on a petition filed by District Cricket Associations (DCAs) of Dausa, Nagaur, Sriganganagar and Alwar.

    The election of the Rajasthan Cricket Association (RCA) was scheduled to be held on Friday (September 30).

    It was alleged in the writ petition that the election officer of the RCA, Ram Lubhaya, is a retired IAS officer who is not an “independent” person.

    The counsel appearing for the DCAs argued that Lubhaya was in the active engagement of the state of Rajasthan and was working under the chief minister whose son Vaibhav Gehlot is not only outgoing president of RCA but is also contesting for the same post again.

    It was alleged that in March this year, Lubhaya was appointed chairman of a high-powered committee for delimitation of the districts in Rajasthan for a period of six months and subsequently as an election officer on September 8 this month.

    Later the state government extended his term in the committee up to 2023 only on September 13 to “influence” the elections of RCA.

    The petition alleged that the election officer is not a “fair and independent” person, as contemplated by the Supreme Court while approving Justice (retd) Lodha Committee report in 2016 in the matter of BCCI.

    It was argued by the RCA counsel that if mere father is the criteria to say that elections are being influenced then Jay Shah is secretary of BCCI and his father is Union home minister, thus it cannot be said that even BCCI is reeling under political pressure.

    The court brushed aside the contentions of RCA and proceeded to stay the election scheduled to be held on Friday. The matter will now be heard on Friday which is the last working day before the break. The court will reopen on October 10.

  • Rajasthan High Court cancels LDC exam amid doubts of rigging

    By PTI

    JODHPUR: Sensing a widespread rigging in Rajasthan High Court lower division clerk recruitment examinations, the court has cancelled the entire recruitment process.

    The order was conveyed on Friday by the Registrar of the Rajasthan High Court.

    Fresh dates for the examination will be issued later, and the candidates will be required to apply all over again.

    The exams were held to fill 1,760 posts across several levels of judicial assistant posts and clerical posts.

    A man at Dausa centre had been apprehended appearing as proxy candidate during the exam that was held on March 13 this year.

    He was caught and booked at Kotwali Police Station in Dausa.

    Reportedly, in the results that were announced on May 18, there were glaring discrepancies between candidates’ marks, with cut offs for SC, OBC, and EWS candidates settling at much higher score than the general candidates’.

    Last year also, REET-2021 and Police Constable recruitment examinations were cancelled following complaints of paper leak.

  • Reserved category candidates getting more marks are entitled to General Category seats: SC

    The Supreme Court held that the reserved category candidates securing higher marks than the last of the general category candidates are entitled to get a seat/post in the General Category.

  • Ukraine crisis: Rajasthan HC seeks explanation from Centre, Gehlot government over evacuation plans

    By PTI

    JAIPUR: A single-judge Bench of the Rajasthan High Court has sought an explanation from the Centre and the state government over the plans to evacuate medical students stranded in Ukraine.

    The Bench of Ashok Gaur sought the explanation hearing a petition filed by Bhagirath Rathore and Deepak Bhargava, who were worried about the safe return of their children.

    Advocate General M S Singhvi told the court that sincere efforts are being made under the Operation Ganga to bring back those stranded there.

    Additional Solicitor General R D Rastogi while appearing for the Centre said necessary information with regard to students belonging to Rajasthan, if furnished to him, then he would be in a better position to tell the court how many students and other people from the state have come back so far and what needs to be done in future.

    M S Singhvi submitted before the court that he will have consultation with the additional chief secretary (home) and try to get information in this regard.

    The matter has been posted for further hearing on March 5.

  • Provide reservation to transgenders in government job: Rajasthan High Court to state

    By PTI

    JODHPUR: The Rajasthan High Court has asked the state government to provide for reservation to transgenders in state employment in accordance with the Supreme Court verdict on the issue.

    A bench of justices Madan Gopal Vyas and Manindra Mohan Shrivastava gave the direction to the Rajasthan government dismissing its contention that it is the state’s prerogative to decide whether to give reservation in jobs and to what extent.

    The Jodhpur bench ordered the government to fix quota for transgenders in state jobs and determine other modalities relating to it within four months.

    The high court gave its ruling on a plea by a member of the transgender community aspiring to become a police sub-inspector and having participated in the recruitment process for it.

    Petitioner Ganga Kumari had approached the court seeking its directions to the government to provide proper and effective reservation to transgenders in terms of the mandate of the Supreme Court verdict.

    Arguing for her case, her counsel Rituraj Singh Rathore submitted to the court that the apex court has given detailed directions on the issue but the Rajasthan government has not implemented them till now.

    He pointed out to the court that the Supreme Court in its ruling in the case of the National Legal Services Authority had examined the rights of transgender in appointment to public services and admission to educational institutions.

    The apex court had subsequently directed governments to take steps to treat them as socially and educationally backward class of citizens and extend them all kinds of reservations in cases of admission in educational institutions and for public appointments.

    Additional Advocate General Manish Vyas, however, contended that providing reservation to anyone in government jobs and admission to educational institutions is a government prerogative but the bench dismissed his contentions.

  • Asaram Bapu​ claims rape victim tutored by cops, Rajasthan HC summons IPS officer

    By PTI

    JODHPUR: The Rajasthan High Court has summoned an IPS officer for recording his evidence after an appeal challenging the conviction of self-styled godman Asaram Bapu in a rape case claimed that the victim was tutored.

    A lower court had sentenced Asaram to life imprisonment in 2018 for the rape of a minor at an ashram in Jodhpur in 2013.

    Jaipur’s Additional Commissioner of Police Ajay Pal Lamba has now been asked to appear on March 7 as court witness, following the plea by Asaram’s lawyers that a video recording by him might have influenced the testimony of the teenager.

    Asaram has pleaded that the victim’s graphic description of the alleged crime scene – Asaram private quarters, the “kutia” – was influenced by a video recording of the place by the IPS officer when he was serving in Jodhpur.

    The defence argued that it had no idea about the existence of the video clip until they found a mention of it in Lamba’s book, “Gunning for the Godman: The true story behind Asaram Bapu’s conviction”.

    In his book, the then DCP (West) in Jodhpur had said that he filmed the scene of crime on his mobile phone just in case it was needed during the investigation.

    Asaram’s counsel argued that the girl had not given any description of the interiors of the “kutia” in her handwritten complaint or the statement recorded by police on August 20, 2013.

    “Lamba, visited the crime scene the next day on August 21, 2013 and undertook videography of the crime scene which has been described at length in the book,” the petition said.

    This video had been shown to the victim and was the basis of graphic description of the crime scene by her, it claimed.

    The petition argued that till the till the publication of the book, the defence had no idea about the video.

    The petition said the entire prosecution case was “false and fabricated” and the description of the crime scene by the victim in her statements was influenced by the video taken by Lamba.

    The counsel said the circumstances unequivocally supported the defence contention that victim never entered the “kutia’ as alleged in the FIR and in the girl’s subsequent statements.

    The public prosecutor, however, cited a disclaimer in Lamba’s book which said that some parts of the story may have been dramatised.

    The division bench of Justice Sandeep Mehta and Justice Rekha Borana said it would be premature to comment that the victim was tutored by a video to describe the crime scene.

    But the court expressed displeasure on the release of the book while the matter was still pending at the stage of appeal and said it may be viewed as an attempt to influence the judicial proceedings.

  • Rajasthan HC issues notice to Russian embassy over Indian citizen’s body stuck in Russia

    By PTI

    JODHPUR: The Rajasthan High Court Wednesday issued a notice to the Russian embassy in Delhi seeking its reply on the issue of the mortal remains of an Indian citizen stuck in that country since July.

    The court has also issued parallel notices to the Center as well as the Indian embassy in Russia.

    “This court is not oblivious to its limitations in issuing a writ to the Embassy of Russia in India or the Government of Russian Federation. However, with a view to deal with a rather unprecedented situation and to coordinate the steps to be taken, this Court deems it expedient to issue notice to the Russian Embassy,” the court observed.

    It has asked them to file their responses by December 20.

    “The court feels that the Government of Russian Federation must be requested to expedite the process in this regard,” the court stated.

    Justice Dinesh Mehta gave these directions while hearing a petition by Asha Devi who has been waiting to receive the mortal remains of her husband Hitendra Garasia from Russia.

    Social activist Charmesh Sharma who has taken up the matter to help the bereaved family said that Hitendra Garasia of Godwa village in Kherwara tehsil in Udaipur had gone to Russia in April 2021 on one-year work visa but was reportedly found dead in a park in Moscow.

    The Moscow Police closed the case as an accidental death and the information was received by the family through local police on August 28, 2021.

    Since then, the family has been running from pillar to post to get the mortal remains of Hitendra so that the last rite could be carried out.

    The petitioner’s counsel, Suniel Purohit, said that during the hearing on Wednesday, Additional Solicitor General RD Rastogi informed the court that all endeavors are being made to ensure that the mortal remains of late Hitendra Kumar Garasiya are brought to India.

    “But on being informed the court that the authorities in Russian Federation are not handing over the body pending a FSL report, the court came up with the decision to issue a notice to the Russian Federation’s embassy in India,” said Purohit.

  • Foreign national victim of domestic violence can file complaint in India, rules Rajasthan HC

    By PTI

    JODHPUR: The Rajasthan High Court has ruled that a foreign national who is a victim of domestic violence can file a complaint against her abusive husband if the violence is perpetrated during her stay in India.

    Justice Vinit Kumar Mathur dismissed the plea of Robarto Nieddu, the husband of Catherine Nieddu, seeking rejection of her complaint against him questioning its maintainability on the ground of their being foreign nationals.

    Catherine Nieddu had filed a complaint of domestic violence against Robarto Nieddu during their stay in Jodhpur in 2019.

    Robarto had first challenged the complaint in the court of Metropolitan Magistrate and then in the court of the Additional District and Sessions Court Judge (Women Atrocities Cases).

    With both the courts rejecting the plea, Roberto then moved the high court challenging both the decisions on the ground of maintainability of the complaint citing her not being an Indian citizen.

    While arguing the case, the petitioner’s counsel submitted that the petitioner and the respondent are not Indian citizens and thus are not amenable to the jurisdiction.

    Contradicting this argument, the respondent’s counsel submitted that as per Section 2(a) of the Domestic Violence Act of 2005, the definition of ‘aggrieved person’ is given, and as per the definition itself, any woman including a foreign citizen who is subjected to domestic violence can maintain an application before a trial court.

    While hearing the arguments, justice Mathur observed that the respondent is living in Jodhpur for the last about 25 years and after having solemnised marriage with the petitioner, the incident which is reported in the complaint also took place at Jodhpur and, therefore, in view of definitions enumerated under sections 2 (a) and 12 of the Domestic Violence Act of 2005, it is held that the complaint of respondent Catherine is maintainable and dismissed Robarto’s petition.

    The court also stated that “even Article 21 of the Constitution of India extends the benefit of protection not only to every citizen of this country but also to a person who may not be a citizen of the Country”.

    It added that the respondent is very much entitled to get protection of Section 12 of the Domestic Violence Act.

  • SC cancels bail granted to woman in attempt to murder case, says Rajasthan HC order erroneous

    By PTI

    NEW DELHI: The Supreme Court Friday cancelled the bail granted to a woman in an attempt to murder case on the ground that there has been an evident error on the part of the High Court in surmising that no specific or overt act is attributed to her.

    A bench comprising Justices D Y Chandrachud and B V Nagarathna said the Rajasthan High Court has failed to consider the seriousness and gravity of the crime and the specific role which is attributed to the accused while deciding her bail plea.

    The apex court said that the considerations which must weigh in the exercise of the power of the appellate court to determine whether bail has been granted for valid reasons stand on a distinct footing from an application for cancellation of bail.

    “There is a specific allegation that the second respondent has actively aided the commission of the crime by furnishing information about the movements of the deceased to the killers.

    There has been an evident error on the part of the High Court in surmising that no specific or overt act is attributed to the second respondent,” the bench said.

    Namit Saxena, a criminal lawyer, who appeared on behalf of the son of the deceased, submitted that the High Court is in error in proceeding on the basis that no overt act is attributed to the woman since the charge-sheet, which has been filed after investigation, indicates that she was the custodian of the weapons used in the crime.

    The apex court was hearing an appeal filed by the son of Daan Singh, against an order of the high court that granted bail to the accused woman in the case.

    The deceased was the Sarpanch of the village.

    It has been alleged that there was a prior enmity between the accused and the deceased, as a consequence of which the husband of the second respondent (woman) together with certain other members of his family and sharpshooters shot at Daan Singh in September 2015.

    However, Singh survived the incident.

    The FIR under Section 307 (attempt to murder) of the IPC was registered at Police Station Kumher in Bharatpur district.

    The second respondent (woman) was arrested and charge-sheeted.

    The evidence of Singh was to be recorded at the criminal trial.

    A fortnight before the recording of his evidence, he was murdered on September 11, 2017.

    The apex court in its judgement said that the deceased was due to testify in the trial in the prior case under Section 307 of the IPC and the murder was committed barely a fortnight before the date on which he was to depose.

    It directed the woman to surrender on or before November 7, 2021.

    “The High Court had rejected four previous bail applications. There was no change in circumstances. In this backdrop, the High Court having failed to notice material circumstances bearing upon the grant of bail to the second respondent and, as noted above, having proceeded on a palpable erroneous basis, a case for the setting aside of the order of the High Court has been duly established,” the top court said.

  • Rajasthan HC quashes FIR against 12, including ex MP and minister, over family property sale

    By PTI

    JODHPUR: The Rajasthan High Court has quashed an FIR lodged by former Nagaur MP Jyoti Mirdha against her uncle and 12 others, including former state tourism minister Usha Poonia, accusing them of keeping her in the dark about selling a part of the family property.

    Justice Arun Bhansali, while allowing the petition by the petitioners praying for quashing of the FIR, on Wednesday said the allegations in the case, even if taken on their face value, neither prima-facie constitute any offence nor does it disclose the commission of any offence and makes out a case against the accused.

    The case made by the complainant was that the property was sold by her uncle former MP Bhanu Prakash Mirdha without the notice of the complainant’s father.

    But the court concluded that the complainant was in knowledge of the sale of the property executed in 1988.

    It further stated that challenge to the sale deed executed back in 1988 and which was in notice of the complainant when the partition suit was filed in 1999, is clearly an abuse of the process of law.

    With this observation, the court said the complaint is clearly a misadventure on the part of the complainant to claim half share in the property sold by her uncle and which was in her notice prior to filing of the suit for partition.

    The court further stated, “The present complaint has been lodged after an inordinate delay and the explanation given in the FIR for the delay is that the fact of committing forgery and selling of the disputed property came to the notice of the complainant only in the year 2018 during the proceedings in the partition suit.

    ” “This assertion in the FIR at the face of it is untrue, as in the partition suit itself, it is mentioned that the disputed property has been sold and the purchasers are in possession and for that reason, the prayer for partition of Khasra Nos.

    103 and 106 is not being made,” it said.

    PTI COR HDA 10070950 NNNN