Madras HC ordered for constitution of Press Council of Tamil Nadu
The writ petitions by an alleged journalist were dismissed when the credentials came into question. In view of the case, the Madras HC directed the Tamil Nadu government to create a Press Council of Tamil Nadu to act as a state level media regulatory body within 3 months. The experienced journalists, retired civil servants should be the members and the SC or the HC retired judge should be made the head of the council. This decision came with the observation that media houses are reporting views rather than news and increase in fake journalists has overpowered the genuine journalists and suggested having proper verification of the credentials. It is important to have independent media houses for safeguarding the interests of the democracy. The Court issued several directions to the state to be followed.
Do you think India is seeing an increase in fake journalists?
Orissa High Court on use of best practices in the world to avoid Overcrowding of Jails
The Deputy Inspector General had filed an affidavit with the measures to tackle the issue of overcrowding on substantial changes in the number of prisons. It however did not include the solutions as to how the number of prisons would be distributed over the state. A large number of prisons in Odisha have beyond 20 per cent overcrowding and substantial number have beyond 50 per cent overcrowding. The Court observed that the best practices of thw world can be used to prevent the overcrowding of the jails and stated that the OSLSA should file an affidavit with the steps taken and gave directions to the magistrate to visit the jails in their jurisdiction and submit a report of the same.
Do you think a foreign model would be beneficial for the overcrowding problem?
Madhya Pradesh HC: Damage to Victim’s dignity is not sufficient ground for not conducting Dept. enquiry
The petitioner was accused of raping a female constable and a complaint was made against him under several sections of the Indian Penal Code. He was suspended from his service and was later on dismissed under Article 311(2)(b) of the Indian Constitution with the reason that the victim’s dignity would be tarnished if she has to attend the enquiry and give her statement. He challenged the dismissal order and the Court held that when major penalties are to be imposed, strong and cogent reasons should be there and the competent authority has to give in writing as to why enquiry is not reasonable or practicable.
Do you think the dismissal order was prejudiced?
Allahabad HC: Power of Appellate Court should be used Sparingly
The appellant was convicted under Sections 419 and 420 of the IPC and during the pendency he had appealed under Section 391 of CrPC to summon witnesses and recording of additional evidence. The Allahabad High Court observed that the powers under Section 391 of CrPC and Order XLI Rule 27 of CPC are similar and the power to take additional evidence by the appellate court must be used very sparingly as it is a discretionary power. It must be considered if the evidence being advanced would aid in giving a just decision in the matter.
What do you think of the observation?
Medical Officers should strictly comply with provisions of CrPC during Medical Examination of Rape Victims
The bail application of an accused under IPC and POCSO Act was being considered and they observed that the medical officer had not mentioned anything relevant in the report and upon inquiry she stated that the primary opinion could be given only after supplementary report comes. The Allahabad High Court issued direction to the UP government to issue a circular for all the medical officers to comply with the provisions of CrPC especially Section 164 A (2) and (3) while submitting their primary opinions and a uniform format should be followed in all districts for submitting the medical reports.
What do you think of the medical examination that the victims have to go through?
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