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Odisha HC bins plea against OSMCL tender for NAT Testing units in 45 blood centres
Odisha HC bins plea against OSMCL tender for NAT Testing units in 45 blood centres

New Indian Express

time2 days ago

  • Health
  • New Indian Express

Odisha HC bins plea against OSMCL tender for NAT Testing units in 45 blood centres

However, the petitioner again raised objections, stating that no BIS certification currently exists for the product in question, thereby causing further prejudice to domestic bidders. Following additional representations, the tendering authority clarified that any one of the certifications - USFDA, European CE, or BIS - would be considered valid, and the bid would not be rejected solely for the lack of a specific certification. The deadline for bid submission was also extended to accommodate these changes. However, on August 11, the division bench of Chief Justice and Justice M S Raman declined to interfere, emphasising that the matter involves technical and public health considerations. The tender pertains to equipment used for detecting life-threatening diseases like HIV, HBV, and HCV in blood plasma, and ensuring precision and accuracy is of paramount importance, the bench noted in the order uploaded on Wednesday. Stressing judicial restraint in matters involving technical expertise, especially in the healthcare sector, the bench stated that its role is limited to examining whether the actions of the authorities align with constitutional and statutory provisions, and do not result in discrimination. Since no decision had yet been taken on bid acceptance or rejection, and the deadline for submission was still open, the court observed that the petition was based merely on presumption and apprehension.

Orissa HC takes serious note of National Emblem misuse
Orissa HC takes serious note of National Emblem misuse

New Indian Express

time3 days ago

  • Politics
  • New Indian Express

Orissa HC takes serious note of National Emblem misuse

CUTTACK: The Orissa High Court has taken strong cognisance of the rampant misuse and improper representation of the National Emblem of India, following a PIL filed by Ganjam-based NGO, Alone Trust. The PIL, filed on December 27, 2024, was heard by a division bench comprising Chief Justice Harish Tandon and Justice MS Raman. In a detailed order issued on Tuesday, the bench noted that the petition highlighted several instances of violation of the State Emblem of India (Prohibition of Improper Use) Act, 2005. The petition contended that misuse of the emblem, including omission of vital elements such as the four animals and the national motto Satyameva Jayate, is becoming widespread, stemming largely from public ignorance. While acknowledging its authority to initiate proceedings against violators, the court emphasised the need for a broader, systemic response. 'The larger issue is required to be addressed so that the misuse of such Act can be prevented and there should be a spreading of awareness into a common citizenry of the state, including the officials while using the State Emblem of India,' the order stated. To aid the court in this effort, two senior advocates Manoj Kumar Mishra, president of the Orissa High Court Bar Association, and Subir Palit were appointed as Amicus Curiae. They have been tasked with assisting the court in addressing both prevention and awareness, ensuring respect for the National Emblem's legal and cultural significance. The bench directed all parties to provide relevant documents and pleadings to the Amicus Curiae within the week. The next hearing has been scheduled for September 2. Represented by advocate Pabitra Kumar Dutta, Alone Trust has also urged the inclusion of the National Emblem in school curriculum and educational campaigns. The PIL argues that widespread ignorance about the emblem's symbolism and legal protections is a key reason for its continued misuse. Adopted on January 26, 1950, the National Emblem is adapted from the Lion Capital of Ashoka at Sarnath, with the words Satyameva Jayate (Truth Alone Triumphs) inscribed below in Devanagari. The petition insists that omissions or alterations undermine its symbolic integrity and the values it represents.

Orissa HC pulls up government over cow slaughter
Orissa HC pulls up government over cow slaughter

New Indian Express

time09-08-2025

  • Politics
  • New Indian Express

Orissa HC pulls up government over cow slaughter

CUTTACK: The Orissa High Court has taken serious note of the alleged failure of the state government to implement the Odisha Prevention of Cow Slaughter Act, 1960, in its true spirit. A division bench comprising Chief Justice Harish Tandon and Justice MS Raman, while hearing a PIL on Thursday, issued firm directions to the state to appoint a competent authority under the Act within three weeks. The bench observed that despite a complete prohibition on cow slaughter under section 3 of the Act, illegal practices were continuing unchecked across Odisha. While bull or bullock slaughter may be allowed under certain circumstances, such cases require a written certificate issued by a competent authority, a post that, according to the Bench, has not been filled by the state government since the Act's enactment. The court held that the lack of appointment of a competent authority had effectively rendered the law unworkable, reducing the 1960 Act to a 'dead letter'. 'We direct the state government to appoint the competent authority within three weeks from the date of communication of this order and submit a report on the next date,' the court ordered. The case will now be taken up on September 1.

HC fines man Rs 25k for misusing habeas corpus remedy
HC fines man Rs 25k for misusing habeas corpus remedy

Time of India

time31-07-2025

  • Time of India

HC fines man Rs 25k for misusing habeas corpus remedy

Cuttack: Orissa high court on Tuesday came down heavily on a petitioner for misusing the habeas corpus remedy by falsely claiming that his wife was missing, while she was living with him at her matrimonial home under Khandapada police station limits in Nayagarh district. Tired of too many ads? go ad free now A division bench comprising Chief Justice Harish Tandon and Justice M S Raman dismissed the writ petition, terming it a "classic example of the misuse and abuse of the machinery of the Court". The court imposed an exemplary cost of Rs 25,000 on Prakash Kumar Nahak for filing a "false and frivolous" plea. According to the petition, the petitioner alleged that his wife had been missing since April 21, 2025, and that despite filing a missing diary at Khandapada police station, police failed to take proper action. Claiming inaction by the authorities, he approached the high court seeking a writ of habeas corpus. However, during the hearing, additional government advocate (AGA) Debasish Tripathy informed the court that the petitioner's wife had gone to her parental home just a month after their marriage, and that the petitioner had lodged a false missing report. Following the complaint, police traced the woman and were "astonished" to find her residing with the petitioner. When confronted with these facts, the petitioner sought to withdraw the plea. But the court refused to allow a simple withdrawal, stating that the petitioner had not approached the court with clean hands. "Courts are not places of amusement or entertainment. A litigant cannot misuse constitutional remedies as a form of adventurous litigation," the bench observed. The judges further said judicial hours were wasted on baseless allegations that had no merit. Tired of too many ads? go ad free now "It is not a pleasure litigation and such recalcitrant litigant should be dealt with a stern hands in order to percolate a sense of responsibility that the Courts are not the place of amusement or entertainment," the order stated. The court directed the petitioner to deposit Rs 25,000 with the State Legal Services Authority within three weeks. In case of default, the AGA has been granted liberty to mention the matter for further orders. This is the second case in less than a month that the high court imposed a fine of Rs 25,000 on a litigant for misusing the writ of habeas corpus regarding his wife.

Free Government land of encroachments in three months: Odisha HC
Free Government land of encroachments in three months: Odisha HC

New Indian Express

time23-05-2025

  • Politics
  • New Indian Express

Free Government land of encroachments in three months: Odisha HC

CUTTACK: In a significant order, the Orissa High Court has directed the state government to 'make extensive enquiry' on encroachments over government land by competent authorities and on confirmation, remove the infringements within three months. The court issued the direction by way of a guideline while disposing of a PIL recently. The division bench of Chief Justice Harish Tandon and Justice MS Raman said, 'The state shall make an extensive enquiry and/or investigation in relation to an encroachment over the government land by engaging the competent authorities including the amin for relay and survey of the plots.' If the land is found to have been encroached upon, the government should take steps to remove them invoking the provisions of Odisha Prevention of Land Encroachment Act, 1972. 'The removal of encroachments should not exceed beyond three months from the date of the report of the surveyor/amin or the other competent authority,' the bench said. Kamala Singh, a social activist, filed the PIL alleging that the government is showing apathetic attitude in not taking any steps for removal of encroachments over one acre of government land (forest category) near Belpal under Badasahi tehsil in Mayurbhanj district. The alleged encroachments were in the form of a furniture manufacturing unit, an oil mill and parking of transport vehicles and tractors.

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