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Gujarat High Court Telegram Channel for High Court Advocates, Litigants & other stake holders

High Court of Gujarat, starts its own Telegram Channel

To make it more convenient for high court advocates, litigants & other stake holders, High Court of Gujarat has started its official Telegram Channel.

Gujarat High Court Telegram Channel for High Court Advocates, Litigants & other stake holders

Gujarat High Court Telegram Channel for High Court Advocates, Litigants & other stake holders

In its official press release, they mention that “Updates like Daily Notices, Circulars, Press Releases, Youtube Live Streaming Links, Complete Causelists, Miscellaneous, Notifications and other important updates being uploaded on the website of the High Court will also be simultaneously shared on this Telegram Channel, starting from 1st March, 2021”

 

You can join the Gujarat High Court telegram channel here : High Court of Gujarat Telegram Channel

Also Read: Gujarat High Court had recently started live streaming of proceedings on its youtube channel

 

Prime Minister Narendra Modi will virtually release a commemorative postage stamp on Gujarat High Court

PM Modi to unveil Postage Stamp On Gujarat High Court on its Diamond Jubilee celebrations

The Gujarat High Court will mark its Diamond Jubilee celebrations. The High Court has completed sixty years of its establishment in May 2020.

Prime Minister Narendra Modi will virtually release a commemorative postage stamp on Gujarat High Court on Saturday as part of the institution’s Diamond Jubilee celebrations. An official release issued by the high court’s Registrar said on Friday. The Gujarat High Court has completed sixty years of its establishment on May 1, 2020.
Though the Prime Minister was supposed to personally attend one of the events and release the stamp as part of the Diamond Jubilee, the celebrations were postponed due to the coronavirus outbreak in Gujarat, the press release said. Now, the stamp will be released virtually by PM Modi on Saturday, it said.

“The Prime Minister has kindly consented to grace the function and do the honours of releasing the commemorative postage stamp of Diamond Jubilee of the High Court of Gujarat at 10.30 am on February 6, 2021,” it said. The Prime Minister will also address the gathering via video link.

PM Modi To Unveil Postage Stamp On Gujarat High Court
Prime Minister Narendra Modi will virtually release a commemorative postage stamp on Gujarat High Court

Ahmedabad: Prime Minister Narendra Modi will virtually release a commemorative postage stamp on Gujarat High Court on Saturday as part of the institution’s Diamond Jubilee celebrations. An official release issued by the high court’s Registrar said on Friday. The Gujarat High Court has completed sixty years of its establishment on May 1, 2020.
Though the Prime Minister was supposed to personally attend one of the events and release the stamp as part of the Diamond Jubilee, the celebrations were postponed due to the coronavirus outbreak in Gujarat, the press release said. Now, the stamp will be released virtually by PM Modi on Saturday, it said.

“The Prime Minister has kindly consented to grace the function and do the honours of releasing the commemorative postage stamp of Diamond Jubilee of the High Court of Gujarat at 10.30 am on February 6, 2021,” it said. The Prime Minister will also address the gathering via video link.

Gujarat Chief Minister Vijay Rupani and Chief Justice of the Gujarat High Court, Justice Vikram Nath will also address the gathering via video conference.

 

Prime Minister Narendra Modi will virtually release a commemorative postage stamp on Gujarat High Court

Prime Minister Narendra Modi will virtually release a commemorative postage stamp on Gujarat High Court

Originally Posted here
Bhatt & Joshi Associates, High Court Lawyers, High Court Advocates - Quashing Lawyers

Legal provisions for Quashing of FIR, High Court

Background of legal provisions for Quashing of FIR, by High Court Advocate

The legal term quash has been derived from the Anglo- French word casser meaning “to annul” and ultimately from Latin cassus, meaning void. The court has the power to quash unreasonable or irregular or oppressive subpoenas, injections, indictments and orders. When a judge is unable to deliver a judgement in a criminal matter case, in vague of a defective indictment, the courts typically quash the indictment. 

Under section 482 of the Code of criminal Procedure the power of quashing is defined. The section reads as:

482. Saving the inherent powers of the High Court. 

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

This section closely resembles section 151 of the Code of Civil procedure. In a case of CBI v. Maninder Singh, it was held that the power under section 482 of CrPC must be used very sparingly  and especially in economic offences, merely because the party had reached a settlement with the bank cannot be a ground for quashing criminal proceedings. But this section doesn’t enhance the power of the High Court. Rather protects the inherent powers of the court. It does not give any new powers. The jurisdiction of the High court has a vast scope, but it is the practice that this section should be used only in exceptional cases. 

The Supreme Court has laid down some principles which would help to govern the inherent jurisdiction of the court given under the section are as follows: 

  1. the power is not to be resorted to if there is a specific provision in the code for the redress of the grievance of the aggrieved party; 
  2. it should be exercised very sparingly to prevent abuse of the process of any court or otherwise to secure the ends of justice; 
  3. it should not be exercised as against the express bar of the law engrafted in any other provision of the code. Whenever the court has inherent power, the court does not function as a court of appeal or revision. 

Inherent powers cannot be exercised to review judgement. 

In a case N Naveen Kumar v. State of AP, the accused was convicted in this case for bribery. Some of his property was directed to be sold by auction. That was in addition to the sentence of imprisonment and fine. An appeal against this was dismissed. An application was made by the legal heirs of the accused for permission to deposit certain sums in lieu of auction sale of property. This was held to be not tenable before the Appellate Court. The bar under section 397(2) of the code is applicable to the revisional powers only not to inherent powers. Even under section 341 of the code, the inherent power overrides the express bar against revision.

Under what circumstances the powers of Quashing are exercised by the High Court 

Inherent power under Section 482 in a matter of quashing of FIR has to be exercised sparingly and with caution and when and only when such exercise is justified by the test specifically laid down in the provision itself. The power under section 482 is very wide and conferment of wide power requires the court to be more cautious. It casts an onerous and more diligent duty on the court and the said power is not to be used to choke or smother a legitimate prosecution. 

The high court can quash an FIR or a complaint in exercise of its powers under article 26 of the Constitution of India or under section 482 CrPC:

  1. Where the allegations made in the FIR or the complaint, even if they are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused.
  2. Where the allegations in the FIR and other materials accompanying FIR do not disclose a cognizable offence justifying an investigation under section 156(1) of CrPC except an order of a magistrate under section 155(2) CrPC.
  3. Where uncontroverted allegations in the FIR or the complaint and the evidence collected in support do not disclose the commission of any offence and make out a case against the accused.
  4. Where the allegations made in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence.
  5. Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.
  6. Where there is an express legal bar engrafted in the CrPC or the concerned act to the institution of criminal proceeding or where there is a specific provision in the CrPC or concerned act providing efficacious redress.
  7. Where a criminal proceeding is manifestly attended with mala fide or where proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

The Supreme Court also has settled that the High Court should not entertain writ petitions under Article 226 and 227 and petitions unde section 482 for granting or rejecting request for bail which is the function of lower court. The High Court’s power under section 482 is not affected by the provision in section 497(3). The Supreme Court said:

Even if it is an interlocutory order, the High court’s inherent jurisdiction under section 482 is not affected by the provisions of section 497(3) CrPC. That The High Court may refuse to exercise its jurisdiction under section 482 on the basis of self-imposed restriction is a different aspect. It cannot be denied that for securing the ends of justice, the High court can interfere with the order which causes miscarriage of justice or is palpably illegal or is unjustified.

Need help with Quashing and FIR?  Reach out to us now

Bhatt & Joshi Associates, High Court Lawyers, High Court Advocates, NCLT Lawyers - Gujarat High Court

Gujarat High Court directs Govt to send people who don’t wear masks to work in Covid-19 centers

The Gujarat High Court held that imposition of fine on not wearing masks is not acting as a sufficient deterrent among the people and the State Government may consider making violators work at Covid-19 centres.

The division bench of Chief Justice Vikram Nath and Judge JB Pardiwala said this while hearing a PIL filed by Advocate Vishal Awtani.

The Gujarat High Court in its order directed the State Government said, people violating social distancing would do at least 4-5 hours non-medical duty at a Covid Care Centre for 5-15 days, as decided by authority, such as cleaning, housekeeping, cooking, helping, serving, preparation of the record, data-keeping, etc.

Bhatt & Joshi Associates, High Court Lawyers, High Court Advocates, NCLT Lawyers - Gujarat High Court begins live-streaming

Gujarat High Court starts live streaming of proceedings

The Gujarat high court on 26 Oct 2020 became the first in the country to start live streaming proceedings on a YouTube channel, with the court of Chief Justice Vikram Nath accessible to the public through a link on the court’s official website.
Chief Justice of India (CJI) S.A. Bobde said on Monday that in practice though, live streaming could be misused as already he was facing several complaints over the virtual hearings taking place over the videoconferencing app Vidyo.

According to an administrative order issued by Justice Nath, the live telecast from Court No. 1 was purely on an experimental basis, and the “aspect of continuing with or adapting the modality of live court proceedings will be decided based on the outcome of this trial”.

The first hearing that was live streamed on 26 Oct 2020, was a plea seeking relief for admission to medical colleges through NEET for students who had not taken the Class 12 exam from Gujarat. The court issued a notice to the state government and reserved its order in the case.

Proceedings of a  Gjarat High Court cases were live on the YouTube link — provided on the HighCourt of Gujarat— for over five hours and about half-a-dozen cases were heard. Around 68,324 viewers watched the channel on the same day.

All high court benches have been functioning through video conferencing since March 24 amid the Covid-19 pandemic, in which advocates, parties, victims and witnesses are made to participate in a video hearing.

In a statement, the high court referred to a Supreme Court judgment which ruled that the public should be allowed to view hearings conducted through video conferencing. The communication referenced a public interest litigation (PIL) filed by Nirma University School of Law student Pruthviraj Sinh Zala that sought the court to issue directions for live streaming to keep with the principles of access to justice. Hearing the PIL, the Supreme Court, on April 6, 2020, issued seven guidelines for web-based hearings and live streaming of court proceedings, saying that the “successful implementation will ensure that the judiciary rises to face the unique challenge presented by the outbreak of Covid-19”.

“In the Model Video Conferencing Rules as prescribed by the e-Committee of the Supreme Court of India, it has been provided that the public will be allowed to view the court hearing conducted through video conferencing,” the Gujarat HC’s chief justice said in his order.

Welcoming the order, Advocate Aaditya Bhatt, a high court lawyer in Ahmedabad, said: “It will usher in a new era of transparency in the judicial system. It will also make the lawyers accountable to their clients.” Advocate Aseem Pandya, former president of Gujarat High Court Advocates Association, said, “This is one of the remarkable and great moments for judiciary in our country.”

“Sunlight is the best disinfectant,” the SC had observed in September 2018 in a judgment that paved the way for live streaming of court proceedings. Two years down the line, CJI Bobde said on Monday that in practice, live streaming could be misused. Sharing his thoughts on live streaming as part of suo motu proceedings on court functioning during the pandemic, CJI Bobde, heading a three-judge bench, said, “In principle, I agree that there should be live streaming but in practice, you must hear me. As CJI, I have to deal with so many complaints over the virtual court proceedings.”

The observation followed a suggestion by Attorney General KK Venugopal who suggested that since the Gujarat high court had taken the lead in live streaming the proceedings, the Supreme Court could follow suit.

The bench, also comprising Justices DY Chandrachud and LN Rao, said, “There can be some negative use or abuse of live streaming.” Justice Chandrachud, who heads the e-committee of the SC responsible for enhancing virtual court proceedings, told Venugopal that a delay of 20 seconds occurs between the live streaming and actual proceedings in the Gujarat high court. This ensures a check on anything untoward going live.

Justice Chandrachud said at present the SC was focusing on enhancing the video conferencing facility. “The idea is to have one video conferencing facility for all high courts and district courts and a separate facility for the Supreme Court. Bids have been invited to manage the entire videoconferencing facility,” Justice Chandrachud said.

For better connectivity, the CJI sought the Centre’s help to enhance the optical fibre network. “In states which do not have fibre optics coverage, we have to rely on satellites,” CJI Bobde said.

Originally Published in Hindustan Times

Writ petition before the Gujarat High Court

What is writ petition before the Gujarat High Court

As per the Indian Constitution, under Article 226, High Courts can adjudicate on the aspects of Legal as well as Fundamental Rights, whereas Supreme Court can adjudicate on Fundamental Rights, under Article 32. In the context of State of Gujarat, a writ is an order by a Gujarat High Court to a Government authorities, Lower court or courts, directing them to do something or stop them from doing something. However, it shall be the same conceptual framework for all the High Courts. Writ is a form of written command in the name of the court. It directs you to act in a specific way. In this article we may explore the same in the context of Gujarat High Court or in the context of Article 226 of the Constitution of India.

Gujarat High Court

Gujarat High Court

Introduction

Fundamental Rights are contained in Part III of the Indian Constitution including the right to equality, right to life and liberty etc. Whereas, legal rights are rights enshrined under some statute, or they may simply be claimed by way of equity. However, mere provision for Fundamental Rights or Legal Rights may not be sufficient. The remedy to resolve, if your rights are violated is important. To protect Fundamental Rights as well as Legal Rights the Indian Constitution, under Article 226 provides the right to approach the High Court, Gujarat High Court more specifically, to any person/ citizens whose Right has been violated.

What is a writ?

Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorized to do so. In modern times, this body is generally judicial. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order. Orders, warrants, directions, summons etc. are all essentially writs. 

A writ petition is an application filed before the competent Court, i.e. in this context Gujarat High Court, requesting it to issue a specific writ. As per the Indian Constitution, Gujarat High Court holds powers under Article 226,  against the decision of any court/individual lower according to their jurisdiction. A Writ petition for a civil or criminal nature depending on the situation can be filed by an Individual/aggrieved party to a higher level of court against the order/decision of the lower court.

Under What Circumstances you may need to writ petition before High Court of Gujarat?

Writ petition is generally filed in contravention of rights or injustice is served to any individual/aggrieved. In the Context of State of Gujarat, it is a remedial measure provided by the constitution against the authority regulating the law and order in the country for the following reasons:

  1. To help citizens defend their rights against court orders.
  2. To provide an alternative to the aggrieved when impugned order is not objected by the appeals made to the authorized higher authorities in the legal system.
  3. To make sure justice served but not justice denied.

You can file the writ petition in Gujarat High Court under Article 226 of the Indian constitution. You can also file Writ Petitions in India for a civil or a criminal act.

  • You can file a criminal writ petition when the cause of action in relation to the criminal law such as the right of accused, bail, etc.
  • You can file a civil writ petition when someone commits a civil wrong such as IPR, taxes, etc.

Types of Writs before Gujarat High Court

There are about five types of Writs, which one can file before the Gujarat High Court 

  1. Writ of Habeas Corpus:
    • A petition for personal liberty or release from detention can be filed by an Individual through a petition of Habeas Corpus which means ‘to have control of body’. On receipt of the petition against the order of the lower court or the individual under which the person is or being detained, the court can issue a direction of release.
    • It is in the nature of an order calling upon the person who has detained another to produce the latter before the court
      • To know on what ground he has been detained
      • To set him free if there is no legal justification for the
        imprisonment
    • For instance, a writ petition of Habeas Corpus for release of any person can be made if he is to be placed before the magistrate within 24 hours or if he is arrested for no reason or the reason for his arrest is unjustifiable.
    • Increasing Scope of Habeas corpus
      • Kanu Sanyal v. District Magistrate: the court may examine the legality of the detention without requiring the person detained to be produced before it
      • Sheela Barse v. State of Maharashtra: if the detained person is unable to pray for the writ of habeas corpus, someone else may pray for such writ on his behalf.
      • Nilabati Behera v. State of Orissa: The petitioner was awarded compensation of Rs. 1, 50, 000.
  2. Writ of Mandamus:
    • A petition to issue a command is a Writ of Mandamus. To issue a direction to a lower authority or to any Individual to restrain him from doing any activity, which can result in injustice to the general public or any specific group or individual. Such a petition can command any public authority or tribunal to perform an act which it is bound to perform.
    • The Writ can granted against a public authority if
      • Acted against the law
      • Exceeded his limits of power
      • Acted with mala fides
      • Did not apply his mind
      • Abused his discretionary powers
      • Did not take into account relevant consideration
      • Has taken into account irrelevant consideration
    • For instance, It is the duty of the Judge of a Court to make a decision only on the basis of relevant facts presented, if he fails to do so, with the filling of a petition to a Superior Court, he can be made to do an action in a prescribed way.
    • Case Laws
      • Hemendra v Gauhati University : Mandamus was issued to direct a University to announce that the petitioner has passed where, University had refused so to declare though the petitioner had
        obtained the pass marks required by the statutory rules of the University.
      • Barada Kanta v State of West Bengal : Writ of Mandamus cannot be issued against an individual person or any private organization because they are not entrusted with a public duty.
  3. Writ of Prohibition:
    • A petition to issue a direction or command to any local authority or court to restrict it from acting beyond its jurisdictional powers. A writ of prohibition popularly known as ‘stay order’ is usually issued with the consequences for doing any act or taking action against its reserved powers.
    • It means “To be Certified”. Both preventive and curative. Issued by SC and HC’s for quashing the order of any inferior court, tribunal or Quasi Judicial body.
    • Propositions laid in issuing this writ by the High Court in Hari Vishnu Kamath Vs. Ahmad Ishaque 1955-I S 1104 : ((s) AIR 1955 SC 233)
      •  It is issued to correct the errors of Jurisdiction.
      • When court or tribunal acts illegal in its jurisdiction.
      • Order against principles of natural justice.
      • Court acts in exercise of its supervisory and not appellate Jurisdiction.
      • An error in the decision or determination itself may also be amenable to a writ of Certiorari.
    •  For instance, a Writ of Prohibition can be filed with the Supreme Court to restrict any High Court from taking any decision which is not in the authority of the High Court (‘HC’). 
    • Case Laws:
      • Nagendra Nath Bora & Anr. Vs. Commissioner of Hills Division and Appeals, Assam & Ors., (1958) SCR 1240, the parameters for the exercise of jurisdiction.
        • Check whether inferior court has exceeded its jurisdiction.
        • Mere formal and technical errors doesn’t attract this.
  4. Writ of Certiorari:
    • A petition to issue an order or command against the decision or order of the lower authority where it was found that the authority has disregarded the laws and principles of natural justice in taking the decision is a Writ of Certiorari. In short, the petition calls for the records or the facts from the lower authority on the basis of which any summon or order was issued. On the satisfaction of facts /records placed by the lower authority, the decision shall be accepted or restricted.
    • For instance, A Writ of Certiorari can be filed by any aggrieved person against the decision of any District Court (DC) to any High Court through which the is sought to be nulled/ quashed.
    • Propositions laid in issuing this writ by the High Court in Hari Vishnu Kamath Vs. Ahmad Ishaque 1955-I S 1104 : ((s) AIR 1955 SC 233)
      • It is issued to correct the errors of Jurisdiction.
      • When court or tribunal acts illegal in its jurisdiction.
      • Order against principles of natural justice.
      • Court acts in exercise of its supervisory and not appellate Jurisdiction.
      • An error in the decision or determination itself may also be amenable to a writ of Certiorari
  5. Writ of Quo Warranto:
    • A petition to restrict – a person to hold a position in any government office or involvement in any decision relating to the victim is a Writ of Quo Warranto. It is required to prevent the official to exercise any powers of the position as such which he is not entitled to hold and/or to nullify the decision taken by him if any. The writ shall be applicable to all public offices and not on private organizations.
    • Issued to restrain a person from holding a public office subject to following Conditions:
      1. Public office created by a statue
      2. Person to be appointed by a statue or statutory instrument.
    • For instance, to restrict a person incompetent to hold the position of a sub-inspector due to his incapability or low qualification, a Writ of Quo Warranto can be filed with the appropriate court of justice.
    • It means “what is your authority”.
      • Subramanian Swamy petition against Jayalalitha in 2001. Two PIL’s against her
        appointment.
      • Manohar Reddy vs Union of India: two advocates filed a petition quashing the appointment of a Judge of a HC of AP and a writ is in the nature of Mandamus commanding the Bar Council of AP to cancel the enrollment as an advocate N V Ramana.

Judicial Review

  • Over and above forms of writ, Judicial review is the idea, fundamental to the system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. Judicial review was established in the classic case of Marbury v. Madison, 5 US 137 (1803). Dealt under Article 13, Article 32 and Article 226 of the Constitution of India, Judicial review is one of the checks and balances in the separation of powers. It is the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority.
  • Judicial review should be understood in the context of both the development of two distinct legal systems (civil law and common law) and two theories of democracy (legislative supremacy and separation of powers) is that some countries with common-law systems do not have judicial review of primary legislation.

To Conclude:

The concept of Writ petition was brought in the Constitution of India to help a victim if he/she is deprived of any right or injustice made to him or to help him fight against any decision taken by the last legal authority. To file a Writ petition before Gujarat High Court the person has to either take the help of a legal adviser or hire a lawyer to file a petition on his behalf.

Please Note:

  • Concept of Writ petition is universal across all the High Courts in the Context of Legal as well as Fundamental rights, within the scope of Article 226 of Indian Constitution and also before the Supreme Court in the context of Fundamental Rights under Article 32. But the present article is written in the context of Gujarat High Court, therefore there is largely reference to Gujarat High Court. 

To know the difference between Write and Appeal, Click here.