The judgment authored by Justice Pushpa Sathyanarayana added : “…we have no hesitation to hold that the prayer for interim bail cannot be normally entertained by this Court in Habeas Corpus Petition, unless and until, it has been made out that intervention of this Court is indispensable at that stage”. “…it is amply clear that this Court while dealing with habeas corpus petitions under Article 226 of the Constitution, wherein, the validity of the detention orders are sought to be questioned, has jurisdiction to grant interim bail, but the exercise of the said jurisdiction is inevitably circumscribed by the considerations which are special to such proceedings”, the Court added. Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC

Interim Bail In Habeas …
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Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]

LIVELAW NEWS NETWORK5 Oct 2020 12:22 PM
Interim Bail In Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC [Read Judgment]
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The Madras High Court has observed that interim bail in habeas corpus petitions challenging preventive detention can be granted only in exceptional circumstances, when it is made out that the intervention of the cour is indispensable.

Holding thus, a division bench comprising Justices T S Sivagnanam and Pushpa Sathyanarayana recalled an order passed on June 15 to grant interim bail to a detenu, after considering the objections raised by the Tamil Nadu government against his release(The Government of Tamil Nadu and another v. S Indira Moorthy).

Also Read – Hathras: Concerned At Continuing Cases Of Sexual Violence Against Women In India, Says UN

While acknowledging that the Court has power to grant interim bail in habeas matters challenging detention, the Court added that such power has intrinsic restrictions.

“…we are of the view that though this Court has got jurisdiction to grant interim bail in deserving cases, the exercise of such jurisdiction and power has intrinsic restrictions, as has been laid down in a catena of decisions of the Hon’ble Supreme Court”, the HC observed.

Also Read – Bombay HC Deprecates Practise Of Eleventh Hour Action In IPR Matters; Declines Injunction Against ‘Zee-Plex’

The judgment authored by Justice Pushpa Sathyanarayana added :

“…we have no hesitation to hold that the prayer for interim bail cannot be normally entertained by this Court in Habeas Corpus Petition, unless and until, it has been made out that intervention of this Court is indispensable at that stage”.

“…it is amply clear that this Court while dealing with habeas corpus petitions under Article 226 of the Constitution, wherein, the validity of the detention orders are sought to be questioned, has jurisdiction to grant interim bail, but the exercise of the said jurisdiction is inevitably circumscribed by the considerations which are special to such proceedings”, the Court added.

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The Court was dealing with the detention of a person who was branded a “sand offender” under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug-Offenders, Forest-Offenders, Goondas, Immoral Traffic Offenders, Sand-Offenders, Sexual Offenders, Slum-Grabbers and Video Pirates Act, 1982.

After the detenu was granted interim bail on June 15, the Government moved an application seeking recall of that order, contending that the detenu cannot be released on interim bail on the ground that he was not produced before the Advisory Board, as there is no provision in the Act 14 of 1982, that mandates the production of the detenue before the Advisory Board.

Also Read – Allahabad HC Orders Status Quo In Google’s Plea Against Ex-Parte Injunction Order Restraining Publication Of ED Proceedings Against UPSIDC Engineer…

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Read Order

TAGSMADARS HC #HABEAS CORPUS JUSTICE TS SIVAGNANAM #JUSTICE PUSHPA SATHYANARAYANA

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Hathras: Concerned At Continuing Cases Of Sexual Violence Against Women In India, Says UN

LIVELAW NEWS NETWORK5 Oct 2020 10:57 PM
Hathras: Concerned At Continuing Cases Of Sexual Violence Against Women In India, Says UN
Police cremating the body of the girl killed after gangrape

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The United Nations in India has expressed concern at the continuing cases of sexual violence against women and girls in India.

In a statement issued in the wake of Hathras and Balrampur incidents, the UN said that these cases are reminders that women and girls from disadvantaged social groups are at greater risk of gender-based violence.

“The recent cases of alleged rape and murder in Hathras and Balarampur are another reminder that despite the impressive progress made on a number of social indicators, women and girls from disadvantaged social groups face additional vulnerabilities and are at greater risk of gender-based violence”, the Resident Coordinator of UN in India said.

It urged that the authorities should ensure that the perpetrators are brought to justice speedily, and that families be empowerd to seek timely justice, social support, counselling, healthcare and rehabilitation.

“Entrenched social norms and behaviour of men and boys that lead to gender-based violence must be addressed”, it stressed.

“The steps being taken by the Government of India to strengthen safety measures for women and girls are welcome and urgent. We support the Prime Minister’s call for strict action against the culprits”, it added.

The UN said that it stands committed to providing continued support to the Government and civil society to address violence against women.

“As we fight the challenge of COVID-19 with the determination to build back better India, building respectful relationships devoid of prejudices and gender biases is a top priority”. it said in conclusion.

The Ministry of External Affairs did not appreciate the comments by the UN Resident Coordinator in India and termed them “unwarranted”.

“Some unwarranted comments have been made by the UN Resident Coordinator regarding some cases of violence against women. UN Resident Coordinator in India should be aware that these cases have been taken extremely seriously by the government. Since the investigation process is underway, any unnecessary comments by an external agency are best avoided. The Constitution guarantees equality to all citizens of India. As a democracy, we have a time-tested record of providing justice to all sections of society”, Anurag Srivastava, Official Spokesperson of the MEA, said.

As per news reports, on September 14, a 19-year-old Dalit woman was abducted and then gangraped by four upper-caste men who then subjected her to brutal torture by breaking her bones and cutting off her tongue. She passed away on Tuesday, the 29th of September. Her family complained that she was cremated by police officials in the middle of the night without their consent.

As public outrage was mounting over the police action, widely perceived as an act to erase evidence, the UP police issued public statements denying rape, contradicting the dying declaration given by the girl. Upper-caste groups have started a counter-movement claiming innocence of the accused persons.

On Monday, the UP Police registered an FIR against unknown persons for charges of sedition, promoting social disharmony etc., alleging that the protests were part of an “international conspiracy” to malign the state.

In Uttar Pradesh’s Balrampur district, a 22-year-old Dalit woman died after allegedly being raped by two men. The victim’s mother has alleged that that the rapists broke the legs and back of her daughter, a charge denied by the police.

TAGS#HATHRAS CASE HATHRAS GANG RAPE CASE #UTTAR PRADESH #UNITED NATIONS

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