On Monday, July 16th, 2018 the Yogi Adityanath-led Uttar Pradesh government informed the Supreme Court that a Bill to restore the legal provision for anticipatory bail, taken away in 1975 during the Emergency, would soon be placed before the assembly.
Aishwarya Bhati, UP’s Additional Advocate General, told the bench of
Justice SA Bobde and Justice LN Rao that the state has decided to re-introduce the anticipatory bail provision in a modified manner. Uttar Pradesh and Uttarakhand are the only two states in the country that do not have the provision of anticipatory bail. Thus, in most of the criminal cases, accused are first arrested and then they have to move either for regular bail or for quashing of charges before the high court.
The UP government had withdrawn the provision of anticipatory bail in 1976 after the imposition of Emergency in 1975. The Court noting that there was a Bill prepared in 2010 but was never pursued subsequently, had asked the counsel for the two states to get clear instructions on reviving the provision. The matter came up before the apex court in a public interest litigation filed by
advocate Sanjeev Bhatnagar seeking restoration of
Section 438 of the Code of Criminal Procedure which provides for the grant of anticipatory bail to a person apprehending arrest. The petition stated that the concerned provision was omitted in the state by inserting a section in the
Uttar Pradesh Amendment Act, 1976, which came into effect from November 28, 1975. Mr. Bhatnagar has sought quashing of this provision on the grounds of it being violative of the Constitutional provisions. The petitioner claimed that the present situation deprived people of their constitutional right of equality before law. A larger public interest will be served if the court issued directions to the state government. Earlier, the Supreme Court had noted that "it is imperative to re-establish the provision for anticipatory bail to enable sessions courts as well as the Allahabad High Court to grant anticipatory bail."
Justice Sanjay Yadav to take charge as Acting Chief Justice of the Allahabad High Court from April 14
Legal Insiders
Apr 12, 2021
Nargis Bano
(
Editor: Ekta Joshi
)
4 Shares
Justice Sanjay Yadav, who is the senior-most judge of the Allahabad High Court is appointed by the Central Government as the Acting Chief Justice of the Allahabad High Court with effect from April 14, 2021.This decision was made, as on April 13, 2021, the term of the present Chief Justice of the Allahabad High Court, Justice Govind Mathur is set to expire.The Law Ministry issued a notification which read as under:" upon the retirement of the Present Chief Justice of the Allahabad High Court...
Parents being Harrased via SMS to pay the fees for the duration of lockdown: Plea alleges Before Allahabad High Court
Judiciary
Apr 02, 2021
Nargis
(
Editor: Ekta Joshi
)
10 Shares
Another PIL has been filedwhich challenge the unreasonabily high and arbitary levy of fees by private schools in the state as the Government of Uttar Pradesh Government is still not able to reply to a query put forward by Allahabad High Court regarding the regulation of fees during the lockdown. The members of the Parents Association has filed the PIL after the parents as well as children are being harrased by the private schools especially through SMS and Whatsapp messages to pay the fees...
571 Views
![Publication of the names/photographs of alleged criminals on notice boards of police stations is violative of Article 21 of the Constitution: Allahabad HC [READ ORDER]](https://lawstreet.co/secure/uploads/2021/02/lj_8415_high_court_allahabad.jpg)
![Education in the State Has Been Taken as a Business or an Industry to Sell the Degrees: Allahabad High Court [READ ORDER]](https://lawstreet.co/secure/uploads/2021/01/lj_9885_allahabad_high_court.jpg)
Facebook Comments