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Hindustan Times
01-08-2025
- Politics
- Hindustan Times
Mere pendency of criminal case can't override personal liberty: Rajasthan HC
Mere pendency of a criminal case cannot override the fundamental right to personal liberty under the Constitution's Article 21, the Rajasthan high court has said, overruling the regional passport office (RPO)'s refusal to re-issue a Kota man's passport to perform the Hajj. The high court expressed disapproval of the casual disposal of applications related to international travel. (Getty Images/iStockphoto) 'Pendency of criminal case under Sections 498-A [cruelty against a woman by her husband or his relatives] and 406 [criminal breach of trust] IPC [Indian Penal Code] cannot be a ground to deny permission to the petitioner to travel abroad for the religious purpose...,' said Justice Anoop Kumar Dhand. Kota resident Mohammad Muslim Khan, 61, moved the court for re-issuance of his passport to travel to Mecca and Medina. A local court earlier granted him liberty to approach the passport authority. But the Kota RPO rejected Khan's passport reissue application in May. The high court expressed disapproval of the casual disposal of applications related to international travel for religious purposes. It referred to the Supreme Court's decision in the Maneka Gandhi versus Union of India case (1978), which expanded the scope of natural justice. The Supreme Court ruled that any action violating fairness, reasonableness, and due process would be arbitrary and unconstitutional. It said that natural justice is 'not a creation of the Constitution but inherent in human values.' The high court emphasised that each citizen has a right to go abroad,' and arbitrary restrictions would violate constitutional protections. It said that the passport authority is not in a position to take appropriate decisions due to a lack of clear and specific orders. The court asked all subordinate courts to pass clear and specific orders in such matters. It directed the circulation of the court's instructions to all judicial officers for compliance in similar matters involving travel during the pendency of criminal cases.
Time of India
12-07-2025
- Politics
- Time of India
HC directs govt to modernise revenue courts
Jaipur: The Rajasthan High Court has issued directives to the state govt regarding modernisation of revenue courts and the appointment process of officers, expressing concern over prolonged pendency of cases. The bench of Justice Anoop Kumar Dhand, while hearing petitions from elderly citizens including Shakti Singh and others involved in lengthy revenue disputes, emphasised the urgent need for systemic reforms in revenue and appellate revenue courts. "Due to not giving priority to old cases, beyond the lifetime of the original plaintiff, the decisions are getting delayed, often these cases go on for several generations," the court observed, highlighting how disputes initiated by grandparents remain unresolved until their grandchildren's generation. The order issued on July 8 was uploaded Saturday. The court has directed that revenue courts should be transformed into fully digital institutions. "Revenue courts of Rajasthan are required to be developed as fully digital institutions with litigants as centrality of the entire legal system. Judgments passed by revenue courts and appellate revenue courts are required to be uploaded online," the bench said. In a significant move, the bench has ordered implementation of a comprehensive examination system for appointing officers to revenue and appellate revenue courts. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Providers are furious: Internet access without a subscription! Techno Mag Learn More Undo This examination would test candidates' legal proficiency in revenue and procedural laws, including CPC and the Indian Evidence Act. The court has instructed that a copy of the order be forwarded to the chief secretary, principal secretary of revenue department and principal secretary of law to advise the govt on amending relevant rules. Additionally, the court has called for preparation and implementation of standard operating procedures (SOPs) to address pending cases. "Decide old pending cases on a priority basis," the court directed, emphasising the need for immediate action to resolve the backlog of cases.
Time of India
01-07-2025
- Health
- Time of India
Submit report on food security by July 30: HC to Centre, Raj
1 2 Jaipur: Taking suo motu cognisance of the poor implementation of National Food Security Act and the Food Safety and Standards Act , a single judge bench of the Rajasthan High Court issued notices to several ministries and state govt officials. The court asked the officers of the central and state govt to submit a report by July 30 and explain what action was taken by them in the matter. Justice Anoop Kumar Dhand said, "The implementation of the National Food Security Act and the Food Safety and Standards Act is very poor. These acts were aimed at providing nutritious and quality food to children and women, among others. The officials also failed to discharge their duties properly." Dhand said, "This unhealthy food is the cause of malnutrition and obesity, which is seriously affecting the mental health and development of children. When the health and welfare of the future generation is at stake, the court cannot close its eyes." The court also underlined the quote of Mahatma Gandhi that says it is difficult to remember even God on an empty stomach. "Junk food and carbonated drinks are affecting the mental and physical development of children. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trending in in 2025: Local network access control [Click Here] Esseps Learn More Undo Efforts should be made to ensure good health by encouraging children and youth to eat traditional and seasonal food. They should be made aware of the benefits of grandmother's kitchen and home-made food," Dhand said. "It is the responsibility of the govt and FSSAI to meet food standards and stop the sale of junk food in schools and educational institutions," the court said. The court issued notices to the ministry of home affairs, ministry of food, ministry of child development, FSSAI, ministry of education, as well as the chief secretary of the state, additional chief secretary, woman and child development, additional chief secretary food and civil supplies, additional chief secretary, education, and sought a reply. Get the latest lifestyle updates on Times of India, along with Doctor's Day 2025 , messages and quotes!
News18
01-07-2025
- Politics
- News18
'Judgments Are Not Sand Dunes': Rajasthan HC Upholds Finality Of Court Verdicts
Last Updated: The Single Bench of Justice Anoop Kumar Dhand, emphatically observed that judicial verdicts must possess permanence and should not be reopened at will. Reaffirming the principle that judicial verdicts must possess stability and finality, the Rajasthan High Court has dismissed a petition challenging the cancellation of a Physical Training Instructor appointment, holding that re-evaluation results do not retroactively confer eligibility for public posts. The Single Bench of Justice Anoop Kumar Dhand, emphatically observed that judicial verdicts must possess permanence and should not be reopened at will. 'Judicial verdicts are not like sand dunes which are subject to the vagaries of wind and weather," the Court stated, reinforcing the principle that concluded court rulings must be treated with finality. Background of the Case The case arose after the petitioner, who had appeared for a qualifying examination on September 19, 2022, failed one paper but later passed it after re-evaluation. The re-evaluated result was declared on November 23, 2022. Meanwhile, the recruitment exam for the Physical Training Instructor post was held on September 25, 2022. Though the petitioner was initially selected, her appointment was later cancelled on the grounds that she did not possess the required qualification on the date of the recruitment examination. The petitioner argued that the re-evaluation result should relate back to the original date of the qualifying exam, thereby rendering her eligible for the post as of September 25, 2022. In support of her claim, she cited several High Court decisions where courts had held that re-evaluation results declaring a candidate as 'pass" would relate back to the original examination date. The Single Judge pointed out that in the judgments cited by the petitioner, the Jenany JR precedent was not brought to the attention of the coordinate benches, and therefore, those rulings could not be relied upon. 'Only view that holds the field is that the re-evaluation result would not relate back to the date of original declaration of result. Hence, one cannot claim himself/ herself as eligible for the advertised post, as he or she had been declared as 'pass' after the last date for submission of their application form," the Court held. Emphasizing the importance of stability in legal pronouncements, the Court stated that in a country governed by the Rule of Law, judgments, especially those of the Supreme Court, cannot be unsettled lightly. 'It is not permissible for the parties to re-open the concluded judgments as the same would not only tantamount to an abuse of the process of law and Court, but would also have a far-reaching adverse effect on the administration of justice," the Court cautioned. Concluding that there was no justification to depart from the binding precedent laid down by the Apex Court under Article 141 of the Constitution, the High Court dismissed the petition, thereby reinforcing the legal position that revised results cannot be treated as having retrospective effect in public recruitment matters. About the Author First Published: July 01, 2025, 12:58 IST
Time of India
26-05-2025
- Politics
- Time of India
No demolition can take place without fair hearing: HC
1 2 Jaipur: In a key ruling on a batch of writ petitions, Rajasthan High Court, Monday directed the Municipal Council of Kotputli to strictly follow legal procedures before demolishing properties under its road widening drive. The court emphasised that no demolition can take place without a fair hearing and a reasoned order for each affected party. The petitions, filed by nearly 80 property occupants, alleged that demolitions were carried out based on backdated notices, with the same two individuals repeatedly named as witnesses to supposed refusals of notice acceptance. A bench of Justice Anoop Kumar Dhand directed the formation of a committee within 15 days to review individual objections and decide each matter fairly. The Court also ruled that at least 15 days must pass after such decisions before any demolition or construction begins. The bench also instructed that before removing trees for road development, the Council must document them and then plant ten new trees for every one removed, in nearby public areas. The petitioners claimed they were lawful occupants of the affected properties, holding registered sale deeds, pattas from the erstwhile Riyasat of Khetri, or leases issued by the Council itself. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 境界のないゲームを発見する BuzzDaily Winners ゲームをプレイ Undo They alleged that without any proper notice or hearing, the Municipal Council initiated the demolition process under the pretext of implementing the city's Master Plan. They alleged their properties were demolished in violation of natural justice and despite court orders for status quo. Municipal Council's counsel claimed the Master Plan 2011–2031 was implemented after considering public objections and maintained that land acquired for road widening could not be spared. However, the court ruled that if petitioners hold legitimate titles, they must either be compensated. TNN
