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News18
01-07-2025
- News18
Struggle Of The Marginalised To Lodge FIR A Harsh Reality, Says Allahabad High Court
Last Updated: In the case, a Scheduled Caste woman was raped and her husband had to struggle for 13 days to get the FIR registered. In a significant judgment, the Allahabad High Court has acknowledged that social and economic disadvantage often dictates a victim's ability to access justice – especially in cases involving sexual violence. While upholding the conviction of a 70-year-old man for rape and house trespass in a criminal appeal against trial court's decision, the high court observed that the 13-day delay in lodging the FIR stemmed not from hesitation or fabrication but from repeated police inaction and the victim's marginalised status. The prosecution case was that in October 1996, accused Bhagwandeen allegedly entered the house of a Scheduled Caste woman during the night and raped her while she was alone with her two minor children. Her husband, a daily-wage labourer who loaded sand onto trucks, returned in the morning to learn of the incident. Bhagwandeen was on bail during trial, and upon his conviction, in the instant appeal, he was enlarged on bail by an order in 2011. He may have remained confined for about six months (in all) despite being sentenced for life for offence under Section 3(2)(v) of the SC/ST Act and rigorous imprisonment of ten years for offence under Section 376 of the IPC. The high court noted that despite the couple's immediate approach to the local police station on October 27, 1996, no FIR was registered until November 9. The husband, referred to in the judgment as 'R', had to seek help from a lawyer and ultimately submit a written report to the Circle Officer. The FIR was finally lodged based on that report. 'It is a hard reality of life that at times social and economic status govern the fate of citizens in such matters," the division bench comprising Justices Saumitra Dayal Singh and Sandeep Jain said. 'Disadvantaged persons such as 'R' and 'S' may be made to wait and may thus have been forced to make many efforts to get their FIR lodged". While the counsel for the accused questioned the delay, lack of medical evidence, and absence of independent witnesses, the court held the victim's testimony consistent, credible, and unshaken through cross-examination. It also observed that washing clothes and not preserving medical evidence was understandable given the victim's financial condition. 'Clothing though a basic necessity of life, is very precious and it comes at a heavy price to the poor. Therefore, it is wholly natural and in that regard natural to expect that 'S' would have washed her clothes that she may have worn, at the time of the occurrence," the court remarked. On the issue of absence of independent witnesses, court said that in cases involving rape or other offences as well, independent witnesses fail to testify before courts for varied reasons. 'Suffice it to note, at present, civilization values may not have refined enough and may not be strong enough for courts to necessarily expect that independent witnesses would not fall prey to societal pressures and practices when approached by offenders," court noted, adding, 'Generally, people tend to walk away from the victim if not for any threat, only for the sake of personal convenience and comfort, or not finding time for courts, as a witness". The high court partially allowed the appeal, acquitting the appellant under the SC/ST Act as there was no evidence to prove that the crime was committed due to caste identity. However, it upheld the convictions under Sections 376 and 452 of the IPC. Taking note of the appellant's advanced age, the court reduced his sentence from ten years' rigorous imprisonment to seven years' simple imprisonment.
Indian Express
10-06-2025
- Politics
- Indian Express
Power bill demand of Rs 1.91 crore ‘wholly unnatural and arbitrary', Allahabad High Court gives relief to Sambhal MP, directs that electricity supply be restored
The Allahabad High Court has directed the Uttar Pradesh Power Corporation Ltd (UPPCL) to restore power supply at the house of Sambhal Member of Parliament, Zia Ur Rehman Barq. In a significant relief to the Samajwadi Party MP, the Allahabad High Court also stayed the operation of an electricity bill demand of Rs 1.91 crore raised by the UPPCL, terming it 'wholly unnatural and arbitrary', in its June 4 order. The matter was heard by a division bench comprising Justices Saumitra Dayal Singh and Sandeep Jain. The court was hearing a writ petition filed by the Sambhal MP challenging the assessment order dated May 15, 2025. The court also directed the restoration of the electricity connection, subject to a deposit of Rs 6 lakh and timely payment of future bills. 'Subject to the petitioner depositing Rs.6 lakhs within a period of two weeks from Wednesday, the effect and operation of order dated 15.05.2025, shall remain stayed and the electricity connection of the petitioner, that may have been temporarily disconnected, may be restored forthwith and be maintained subject to timely payment of future bills,' read the court order. Barq was represented by advocates Bidhan Chandra Rai and Stuti Rai, who argued that the UPPCL lacked jurisdiction to assess electricity usage for 'a period of 12 years', asserting that the maximum permissible assessment period under the law is one year. 'Submission is that even if the inspection report and adverse facts allegedly found therein are accepted, no jurisdiction arose with the respondent authorities to make assessment for a period of 12 years,' the court order read. The order further said that the maximum period for which assessment may have been made could not exceed one year. 'By breaching the statutory period of assessment, wholly unnatural and arbitrary demand of Rs.1 crore 91 lacs has been raised. The petitioner cannot be made to deposit 50% of such illegal demand to maintain an appeal,' said the order passed on June 4. The court granted three weeks to the UPPCL to respond and fixed the date of next hearing as July 2, 2025. The fine was imposed on the MP after allegations of power theft at his residence, on December 19. On the same day, he was charged with large scale electricity theft and the power supply to his residence was disconnected.
New Indian Express
09-06-2025
- Politics
- New Indian Express
Mahakumbh stampede: Allahabad HC slams UP government over delayed compensation; seeks full report
LUCKNOW: The Allahabad High Court has strongly criticised the Uttar Pradesh government for not extending compensation to the families of those who died in the Mahakumbh stampede on January 29, 2025. While hearing a petition on Saturday, the vacation bench of Justice Saumitra Dayal Singh and Justice Sandeep Jain said the government's attitude was 'unstable' and 'indifferent to the suffering of citizens.' The judges were responding to a petition filed by Uday Pratap Singh. The court asked the state government to submit full details of the deaths, injured patients, and medical staff involved in the treatment of stampede victims. It also ordered the government to explain what steps were taken to compensate the victim families. The court reminded the state government that it worked as a trustee of the people and must show sensitivity in such cases. It said the government should be more responsible and transparent in helping the victims and their families. It may be recalled that the stampede had taken place just around midnight on January 29, ahead of the Amrit Snan of Mauni Amavasya. The state government admitted that 30 people died and had announced a compensation of Rs 25 lakh each to the dependents of the deceased. However, the compensation has still not been given to the affected families.
Time of India
09-06-2025
- Time of India
Maha Kumbh stampede: HC asks UP govt to consider compensation claim of victim's family
1 2 Prayagraj: The Allahabad high court has asked the state govt to consider a compensation claim made by a petitioner who claimed that his wife died during the Maha Kumbh stampede on Mauni Amavasya, early Jan 29 morning. Hearing a writ petition filed by one Uday Prtap Singh, a division bench comprising Justice Saumitra Dayal Singh and Justice Sandeep Jain said on Friday: "Prima facie, we find the stand taken (by the state govt) to be untenable and smacking of apathy to the plight of the citizen, inasmuch as the occurrence may have been caused for reasons beyond the control of the state, at the same time having realised the consequence of that occurrence and having announced a scheme for payment of ex gratia compensation, it was the bounden duty of the state to pay up the compensation to the aggrieved families with utmost grace and dignity. " The court was 'alarmed at the fact' that the body was handed over in February but no compensation had been paid to the family of the bench directed the case to be put up as fresh on July 18, 2025. The petitioner had sought compensation, saying that he was the husband of the deceased, who had succumbed to the injuries during the stampede. The court directed the state authorities to consider the claim of the petitioner on its own merit on the strength of the petition and a copy of the petition be treated as a copy of representation. The court expressed concerns over a dead body of a stampede victim in Kumbh Mela being handed over to the family without any autopsy or post mortem by the state run Motilal Nehru Medical College, Prayagraj. "If a person was admitted to any hospital, documentation offered by the government agencies should reflect the same and should have been communicated to the petitioner. If any patient was brought dead to a hospital, that statement should have also been recorded and made known to the concerned," the court said. "In any case, it should have been made known to the petitioner, from which hospital and in what circumstance, the dead body of his wife came to be deposited in the mortuary from where it was handed over to the petitioner's son. If that body had been found lying unclaimed at any place, appropriate police action ought to have been taken or followed that discovery of the dead body. No fact disclosure in that regard, exists," it added. Observing that the citizens were not at fault, the court said that the state was duty bound to offer remedies and care, where such unintended loss was suffered by the citizens. The court also sought detailed affidavits disclosing all deaths and medical handling of victims between January 28, 2025, and the end of the mela (Feb 26). The court also ordered disclosure of the number of claims received, settled, and pending, highlighting the state's responsibility as trustee of its citizens. The court directed impleadment of multiple medical institutions and authorities in Prayagraj as parties to the petition and directed them to file affidavits disclosing all deaths and medical handling of victims between January 28, 2025 and the end of the Mela. The affidavits must disclose full facts (date-wise) of all patients and dead bodies that may have been brought to those facilities and establishments under their control and of dead bodies dispatched by them, beginning January 28, 2025 to the end of the Kumbh Mela, the court directed. The court has further directed them to furnish details regarding any person who would have been declared dead or brought dead to any medical facility including the details of the doctors who would have treated them. Lastly, the court directed the state government to furnish details regarding compensation claims received and disbursed along with the details of pending claims.
India Today
07-06-2025
- Politics
- India Today
4 months on, still no aid given to Kumbh stampede victim's family: Court raps UP
A two-judge vacation bench of the Allahabad High Court has come down on the Uttar Pradesh government over a delay in disbursing ex-gratia compensation to the families of those who died in a stampede at the Maha Kumbh in Prayagraj on January a petition filed by one Uday Pratap Singh, a bench of Justices Saumitra Dayal Singh and Sandeep Jain said once the government had announced compensation, it was its "bounden duty" to ensure timely and dignified court also expressed concerns over the body of a stampede victim being handed over to her family without any autopsy or postmortem conducted in a state-run medical college. "It is alarming that the state authorities appear to have handed over the body of the wife of the petitioner to his son on February 5, 2025. Four months have passed and no part of the ex-gratia compensation announced by the state has been offered to the petitioner," the court chief standing counsel submitted that since the petitioner has not raised that claim, the stage has not arrived for it to be court said, "Prima facie, we find the stand taken to be untenable and smacking of apathy to the plight of the citizen. It was the bounden duty of the State to pay compensation to the aggrieved families with the utmost grace and dignity."advertisement"Once the identity of the family of the deceased was known to the state, it appears to be a pretence and an excuse on part of the state to ask the aggrieved family who had come from far-off places to beg for money from the state for the irreversible loss suffered by the petitioner, certainly not on account of any fault committed by the deceased," the court added."The state remains the trustee of its citizens. It is not only obligated to protect their lives and keep them safe from avoidable losses, it remains obligated and duty-bound to offer remedies and care where such unintended loss may be suffered. It is undisputed that the management of the Kumbh Mela was in the hands of the state and no other authority," the bench its order passed on Friday, the court directed the state authorities to file an affidavit disclosing full details of the total number of claims received for the payment of ex-gratia compensation; the number of claims decided and pending, together with the dates of receipt of such claims with minimal details of the claimants as also the date of their court directed for the impleadment of multiple medical institutions and authorities in Prayagraj as parties to the petition and asked them to file affidavits disclosing all deaths and the details of the medical handling of victims between January 28 and the conclusion of the Maha to the facts of the case, the petitioner's wife was injured in the stampede and was initially believed to be missing. Later, her body was handed over to her son from the mortuary of the Motilal Nehru Medical College in Prayagraj on February inquest report and the post-mortem or autopsy report were not prepared at that stage. Since the petitioner is a resident of Karaunda in Bihar's Kaimur (Bhabhua) district, he took his wife's body to his home district, where the inquest and autopsy reports were court fixed July 18 as the next date of hearing in the InMust Watch IN THIS STORY#Uttar Pradesh#Maha Kumbh
