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Tag: Allahabad High Court

  • Maharashtra government set to introduce new hoarding policy for Mumbai metropolitan region

    Maharashtra government set to introduce new hoarding policy for Mumbai metropolitan region

    Mumbai: On 1 July, state minister Uday Samant announced in the legislative assembly that the Maharashtra government is soon to introduce a new policy regarding hoardings in the Mumbai Metropolitan Region (MMR). This development comes just two months after the collapse of an illegal hoarding in Ghatkopar, Mumbai, which resulted in 17 fatalities and left over 75 people injured on May 13.

    Samant stated, “A policy will be unveiled once the code of conduct for the legislative council polls ends, following the declaration of results for the graduates and teachers constituencies.”

    A committee led by former Allahabad high court chief justice Dilip Bhosle is currently investigating the 13 May hoarding collapse in the Ghatkopar area. Additionally, it was revealed that out of the 1,025 hoardings in Mumbai, 306 are situated on railway land.

    During the assembly session, BJP legislator Ram Kadam alleged that Bhavesh Bhinde, whose firm was responsible for erecting the collapsed hoarding, had been photographed with Shiv Sena (UBT) chief Uddhav Thackeray. Kadam insisted that Bhinde’s involvement should also be investigated.

  • SC orders stay on criminal proceedings against Yes Bank

    SC orders stay on criminal proceedings against Yes Bank

    Mumbai: The Supreme Court on Tuesday ordered a stay on the criminal proceedings against Yes Bank initiated by Essel group founder Subhash Chandra. The court has granted three weeks to file the counter affidavit.

    Furthermore, Dish TV India has informed its shareholders on the postponement of its 33rd annual general meeting that was scheduled for 30 November. The company has received approval for an extension for time for holding the AGM by the Registrar of Companies. While Dish TV India has not announced the next date for the AGM, the period cannot exceed more than one month from the current scheduled date of the AGM.

    On 6 November, Dish TV India had disclosed that it received a notice from the crime branch in Gautam Buddh Nagar restricting Yes Bank from dealing in/and or exercising any rights over equity shares of Dish TV India held by Yes Bank until completion of an investigation being conducted by them. There were no details of the nature of the investigation disclosed. Yes Bank moved to the Allahabad high court to quash the case which later escalated to the Supreme Court.

    Earlier, Yes Bank, which has a 25.63 per cent shareholding in Dish TV India, had sought the removal of directors of the company including managing director Jawaher Lal Goel and independent directors Dr. Rashmi Aggarwal, Bhagwan Das Narang, Shankar Agarwal, and Ashok Mathai Kurien by calling for an extraordinary general meeting (EGM) of shareholders.

    The bank proposed the appointment of a new board including Akash Suri, Sanjay Nambiar, Vijay Bhatt, Haripriya Padmanabhan, Girish Paranjape, Narayan Vasudeo Prabhutendulkar, and Arvind Nachaya Mapangada.

    Dish TV India board rejected the EGM notice by Yes Bank stating that a resolution to reconstitute the board can only be placed post receipt of approval from the ministry of information and broadcasting and other requisite approvals for appointment of new directors, within statutory guidelines.

    Yes Bank had moved to National Company Law Tribunal, Mumbai with a petition to call for an EGM of shareholders of Dish TV India and pass its resolution.

  • Court directs ministry to investigate Baba’s shows for ‘spreading superstition’

    MUMBAI: The Allahabad High Court has directed the information and broadcasting ministry to probe allegations that the television shows of godman Nirmal Baba were spreading superstition.  

    A bench of Justice Sanjai Harkauli and Justice AP Sahi passed the fiat on a public interest litigation (PIL) moved in 2012 by K.Saran, a Lucknow-based lawyer, PTI reported.

    If the allegations against Nirmal Baba’s show were found to be true, the high court directive stated, the ministry must take action.

    The petitioner had sought action against the television channels broadcasting the programmes of Nirmal Baba under the Rule 6 of the Cable Television Network Rules 1994. The petitioner had alleged that the baba’s shows were encouraging blind faith and superstition.

    The petitioner had pleaded that the provisions of relevant law and Rules 1994 specifically provide that if such channels do not stop showing contents with superstition and blind faith, the government could revoke the permission granted for running the channel.

    In a separate case earlier, an FIR was registered against the chief managing director (CMD) and editor-in-chief of Sudarshan news channel for allegedly instigating enmity between different groups on the grounds of religion. Sudarshan TV is among the list of channels which has applied to  the ministry of information and broadcasting for approval of two more channels.

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  • Advisory on PMs speech should not to be used against news channels: Allahabad HC

    Advisory on PMs speech should not to be used against news channels: Allahabad HC

    NEW DELHI: The Lucknow bench of the Allahabad High Court has directed the Information and Broadcasting Ministry not to use against news channels the advisory issued by it last month about comparisons drawn between the Prime Minister’s Independence Day speech with other leaders.

     

    Social activist Nutan Thakur had sought quashing of the Advisory of 21 October passed by the Ministry.

     

    The Bench of Chief Justice Dhananjay Yashwant Chandrachud and Justice Rituraj Awasthi said the Advisory whereby the electronic news channels have been notified that their licence will be cancelled in case they compare the Prime Minister with any other political leaders should be used only for compliance of rules and regulations and not beyond.

     

    The petition said that the Ministry issued this Advisory threatening penal provision in Section 20 of the Cable Television Networks (Regulation) Act 1995 because many news channels compared PM Manmohan Singh and Narendra Modi for their Independence Day speech which the Ministry found “indecent” and “bad in taste”.

     

    Calling the Advisory ‘a dictatorial step to curb the independence of media’, Thakur had prayed for its immediate quashing in larger public interest.

  • Allahabad HC asks government to form statutory forum for complaints against electronic media

    Allahabad HC asks government to form statutory forum for complaints against electronic media

    NEW DELHI: The Allahabad High Court has said that the government needs to provide a statutory forum for electronic-media where people can both approach and ventilate their grievances.

     

    In the petition filed by social activist Dr Nutan Thakur, Justice Devi Prasad Singh and Justice Ashok Pal Singh of the Lucknow bench said for any misconduct committed by the print media statutory forum is available in the form of Press Council of India but no such forum is available for the electronic media.

     

    The court felt that no such statutory forum is available and this does not seem to be proper in a country which is run by the rule of law and governed by the democratic polity and hence the union needs to provide statutory forum for electronic-media.

    The order said electronic media immediately affects peoples’ mind and it is well established that paid news items are often used by the media, which is an instance of abuse of power. Hence, prima facie electronic media should also be regulated and supervised by a statutory autonomous forum like the Press Council and the government should have provided some statutory forum to redress the grievance of the news items or other items of the electronic media.

    The order said electronic media immediately affects peoples’ mind and it is well established that paid news items are often used by the media, which is an instance of abuse of power. Hence, prima facie electronic media should also be regulated and supervised by a statutory autonomous forum like the Press Council and the government should have provided some statutory forum to redress the grievance of the news items or other items of the electronic media.

     

    The court directed the government to file an affidavit bringing on record its stand on this issue, within four weeks.

     

    The petition had been filed against the Information and Broadcasting Ministry and the News Broadcasters Association.

    The court noted: ‘Though prima facie against the decision taken by the non-statutory body, the writ petition seems to be not maintainable but we are of the view that keeping in view the public importance of the question raised by the petitioner in person for creation of some statutory forum where the people may address their grievance, the writ petition is admitted.’ 

  • Notice to I&B Ministry, NBA on allegations of paid news

    Notice to I&B Ministry, NBA on allegations of paid news

    NEW DELHI: The Allahabad High Court today issued notice to the Information and Broadcasting Ministry, the News Broadcasters Association (NBA) and the News Broadcasting Standards Authority (NBSA) in a petition relating to paid news.

     

    Justice Devi Prasad Singh and Justice Ashok Pal Singh of the Lucknow bench said that in a democratic country while freedom of expression is a basic requirement, there are problems related to paid news and other vested news if there is no forum with the government for complaints to be presented by the public.

     

    The court has asked the ministry as well as the media organisations to present their reply about social activist Dr Nutan Thakur’s complaint and the present grievance redressal mechanism for viewers against news channels, within four weeks.

     

    Thakur had previously sent her complaint relating to news channels reports about the role of Raja Bhaiya in DSP Ziaul Haq murder being one-sided, but the NBSA had concluded that no impropriety was done in broadcasting of these news items. She then approached the High Court against this decision.

  • Delhi High Court dismisses plea seeking ban on movie ‘Ram-Leela’

    Delhi High Court dismisses plea seeking ban on movie ‘Ram-Leela’

    Even as the Delhi High Court has dismissed a public interest litigation seeking a ban on the release of the movie Ram-Leela on the ground that it would hurt the religious sentiments of people, a review petition is coming up on this issue in the Lucknow bench of the Allahabad High Court later this week.

     

    A division bench of Chief Justice N V Ramana and Justice Manmohan of Delhi High Court imposed a fine of Rs 50,000 on NGO Rashtravadi Shiv Sena which filed the plea wanting a change of title of the movie starring Ranveer Singh and Deepika Padukone should be changed as it hurts the religious sentiments of people.

     

    (The Allahabad High Court had earlier rejected a similar petition by social activist Nutan Thakur on the ground that the film had not been cleared by the Central Board of Film Certification. However, Thakur has filed a review on the plea that the trailer has been passed by the CBFC.)

     

    Ram-Leela, which is scheduled to be released on 15 November, has been directed by Sanjay Leela Bhansali.

     

    The plea in Delhi filed by the NGO’s president Jai Bhagwan Goyal said: “The title Ram-Leela which is understood by Hindus as enactment of the life and story of Lord Ram (Maryada Purshottam), is nowhere doing the same but on the contrary the film is portraying sex, violence and vulgarity, which is deeply hurting the religious sentiments and feelings of Hindus.”

     

    “The enactment, production and scheduled release of the film Ram-Leela is a gross insult to the religious feelings of Hindus,” the plea said, adding the objection is only in respect of naming such a film Ram-Leela.

  • Suspension of IOA will not hamper Indias participation in next Olympics: Govt.

    Suspension of IOA will not hamper Indias participation in next Olympics: Govt.

    NEW DELHI: The government has assured the Allahabad High Court that India will ensure the participation of the country in the next Olympics.

     

    Additional Solicitor General K C Kaushik told the Lucknow bench of the Court that sports persons will not suffer irrespective of whether the Indian Olympic Association (IOA) amends its Constitution.  

     

    In the public interest litigation filed by IPS officer Amitabh Thakur and his wife Nutan relating to suspension of IOA from the International Olympics Committee (IOC), Kaushik told Justice Imtiyaz Murtaza and Justice Devendra Kumar Upadhyaya that the participation will be ensured even if suspension is not revoked.

     

    The next date of hearing is 21 October. IOC suspended IOA in December 2012 for not complying with the directions to suitably amend its Constitution and again recently directed IOA to amend its constitution by 31 October.

     

    The petitioners had asked the Sports Ministry to be directed to use its authority to ensure that IOC directions are complied in the prescribed period and Indian sports person participate in Olympics.

  • Who can recommend sportspersons for National Awards, ask Lucknow-based petitioners

    Who can recommend sportspersons for National Awards, ask Lucknow-based petitioners

    NEW DELHI: Who has the authority to recommend names for sports awards – the National Sports Federation or any organisation dealing with sports?

     

    That is the question raised in a writ petition filed in Allahabad High Court, Lucknow Bench, challenging the recommendations of the Board for Control of Cricket in India (BCCI) for batsman Virat Kohli for Arjuna Awards for outstanding performance and ex Captain Sunil Gavaskar for Dhyan Chand award for life time achievement.

     

    The petitioners IPS officer Amitabh Thakur and social activist Dr Nutan Thakur say only the National Sports Federation (NSF) can make recommendations for the national sports awards.

     

    Furthermore, BCCI is not one of the 51 NSFs recognised by the Sports and Youth Affairs Ministry. BCCI is an unrecognised private body which does not want to become a NSF and yet wants to have all advantages of NSF, the petitioners say.

     

    Based on this, Amitabh and Nutan have prayed the High Court to direct the Sports Ministry not to entertain the recommendations of awards made by BCCI.

  • Contempt notice against Union Home Secretary, I&B Secretary

    Contempt notice against Union Home Secretary, I&B Secretary

    NEW DELHI: The Lucknow bench of the Allahabad High Court issued contempt notices to Union Home Secretary Anil Goswami and Information and Broadcasting Secretary, Bimal Julka for not following its orders.

     

    Justice Ajai Lamba issued this notice on the contempt petition filed by social activist Dr. Nutan Thakur against not following the orders issued by the bench of Justice Uma Nath Singh and Justice Mahendra Dayal who had directed them to decide Thakur’s representations within four weeks.

     

    The representations related to framing guideline to direct the newspaper publishers and news channel broadcasters to keep record of their newspapers for a definite period.

     

    The plea was also that these records be provided to those asking for them on a nominal fee and to take specific names of the newspapers and news channels being referred to in their news instead of using cryptic words like one newspaper or one news channel.