Latest news with #VinodDiwakar
Time of India
3 days ago
- Politics
- Time of India
HC calls for new law to regulate online betting
Prayagraj: While noting that existing Public Gambling Act 1867 is a colonial-era law that addresses only conventional forms of gambling like card games, the Allahabad High Court has directed the UP govt to constitute a high-powered committee to examine the need to have a law for the regulation and monitoring of on-line gaming and betting. Justice Vinod Diwakar said the panel shall be headed by Prof KV Raju, the economic advisor to the Uttar Pradesh govt and may include the principal secretary, state tax, as member secretary, besides other experts as members. The curt said a law must be enacted to meet the transformative changes in online betting and gaming and took suo motu cognizance of this issue. "Their (committee) collective input should be used to develop a comprehensive and well-structured legislative framework for regulating and monitoring online gaming and public betting," it ordered. The court passed the order while dealing with the petition moved by two persons – Imran Khan and another, who were accused in a case under the Public Gambling Act for quashing of the charges and trial proceedings against them. As per the police, the accused were running an online betting racket from their residence and earning crores of rupees, leading the locals in Agra to gamble away their earnings. While dealing with the case, the court noted that the Public Gambling Act 1867 is a colonial-era law meant to address conventional gambling like card games, betting on dice and similar forms held in physical gambling. "The Public Gambling Act is a pre-digital law. It makes no mention of digital platforms, servers, or cross-border transactions. Its enforcement is limited to physical gambling houses and has no jurisdiction over virtual gambling environments accessed via mobile phones, computers, or offshore servers," it added. Accordingly, the court in its decision dated May 12 quashed the proceedings against the accused. However, the police were granted the liberty to initiate a fresh investigation after complying with the law. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
Hindustan Times
21-05-2025
- Politics
- Hindustan Times
Allahabad HC asks U.P. govt to amend marriage registration rules within six months
The Allahabad high court has directed officials concerned to ensure Aadhaar-based authentication of the bride and the groom, specially run-away couples, for marriage registration in Uttar Pradesh. Also, there should be biometric data and photos of the couple and two witnesses, and strict age verification through official portals, the high court said. The court further directed the state government to amend the Uttar Pradesh Marriage Registration Rules, 2017, within six months so that a robust and verifiable marriage registration mechanism comes into existence, ensuring the validity and sanctity of marriages. Justice Vinod Diwakar passed this direction months after raising concerns regarding the emergence of an organised racket of touts who are involved in getting fake marriages registered through forged documents. The court observed, 'All Deputy Registrars entrusted with the task of marriage registration shall strictly adhere to the instructions issued under the notification dated 14.10.2024, in both letter and spirit.' In the October 2024 notification, instructions were issued to the officials to ensure that marriage registration in U.P. would require Aadhaar-based authentication of bride and groom, biometric data and photos of both parties and two witnesses, and strict age verification through official portals like DigiLocker, CBSE, UP Board, CRS, Passport, PAN, Driving Licence, and CISCE. Also, the priest, who solemnized the marriage, must be physically present at the registrar's office during registration. Furthermore, the court clarified that the interim directions would specifically apply to the registration of marriages involving runaway couples -- those who have entered into a matrimonial alliance without the consent of their respective family members. The court added, if any of the family members of the parties to the marriage are present at the time of registration, the marriage officer may, at his discretion, waive the aforesaid conditions, either wholly or in part, after being satisfied as to the genuineness of the marriage. In its 44-page order, the bench, dealing with 125 petitions filed by runaway couples seeking protection, observed that it has witnessed in many cases that the marriage certificates are issued by societies which do not exist, and such fake certificates are issued to obtain a protection order from the high court. The high court also noted that the individuals named as witnesses are also found to be fictitious, their details, including Aadhaar cards, are forged, and the institutions/organisations issuing such certificates lack any legal entitlement under their bylaws, and in fact, no actual marriage ceremony had taken place in numerous cases. The court also remarked that some petitions do involve genuine litigants who truly require judicial protection and intervention, however, such cases are relatively few compared to the large number of petitions based on fabricated documents and false claims. The Allahabad high court delivered the judgment on May 12.
Time of India
21-05-2025
- Politics
- Time of India
HC tells UP govt to plug loopholes in marriage registration rules
Prayagraj: The Allahabad high court , in its suo moto writ jurisdiction, has directed the state govt to amend Uttar Pradesh Marriage Registration Rules, 2017, within six months so that a robust and verifiable marriage registration mechanism comes into existence, ensuring the validity and sanctity of marriages. Justice Vinod Diwakar passed this direction on May 12 months after raising concerns over the organised syndicate of touts who get fake marriages registered on forged documents. The court directed all deputy registrars entrusted with the task of marriage registration to adhere to the instructions issued on Oct 14, 2024, in letter and spirit. The instructions issued in Oct 2024 laid down that marriage registration in UP would require Aadhaar-based authentication of bride and groom, biometric data and photos of both parties and two witnesses, and age verification through official portals like DigiLocker, CBSE, UP Board, CISCE CRS, Passport, PAN, driving licence. Also, priest who solemnizing the marriage must be physically present at the Registrar's office during registration. The court clarified that the aforesaid interim directions would specifically apply to the registration of marriages involving runaway couples , i.e., those who have entered into a matrimonial alliance without the consent of their families. Provided that, the Court added, if any of the family members of the parties to the marriage are present at the time of registration, the Marriage Officer may, at his discretion, waive the aforesaid conditions, either wholly or in part, after being satisfied as to the genuineness of the marriage. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Giao dịch vàng với sàn môi giới tin cậy IC Markets Đăng ký Undo In its 44-page order, the bench, dealing with 125 petitions filed by runaway couples seeking protection, observed that it has witnessed in many cases that the marriage certificates are issued by societies which do not exist, and such fake certificates are issued to obtain a protection order from the high court. The court noted that in many cases individuals named as witnesses are found to be fictitious, and their details, including Aadhar Cards, are forged, and the institutions/organisations issuing such certificates lack any legal entitlement under their bylaws, and in fact, no actual marriage ceremony had taken place in numerous cases. The bench added that some petitions involve genuine litigants who require judicial protection and intervention, however, such cases are relatively fewer compared to the large number of petitions based on fabricated documents and false claims.
Hindustan Times
21-05-2025
- Hindustan Times
Frame a robust marriage registration mechanism: Allahabad HC to UP govt
Prayagraj, The Allahabad High Court in a suo-moto proceeding has directed the state government to amend Uttar Pradesh Marriage Registration Rules, 2017, to establish a robust and verifiable mechanism to ensure the "validity and sanctity" of marriages. Justice Vinod Diwakar ordered the exercise be completed within six months. The direction was passed months after concerns about the emergence of an organised racket involved in getting fake marriages registered. "All Deputy Registrars entrusted with the task of marriage registration shall strictly adhere to the instructions issued under the notification dated October 14, 2024, in both letter and spirit," the court said. In an October 2024 notification, instructions were issued to the officials to ensure that marriage registration in UP must require Aadhaar-based authentication of the bride and groom, biometric data and photos of both parties, and two witnesses. Strict age verification through official portals like DigiLocker, CBSE, UP Board, CRS, Passport, PAN, Driving Licence, and CISCE were also made required. It also stipulated that the 'pandit' who solemnised the marriage must be physically present at the Registrar's office during registration. The court asserted that the interim directions would specifically apply to the registration of marriages involving runaway couples. The court added, if any of the family members of the parties to the marriage are present at the time of registration, the Marriage Officer may, at his discretion, waive these conditions, either wholly or in part, after being satisfied as to the genuineness of the marriage. In its 44-page order, the bench, dealing with 125 petitions filed by runaway couples seeking protection, said that in many cases it has witnessed that the marriage certificates are issued by societies which do not exist, and such fake certificates are issued to obtain a protection order from the high court. In its order dated May 12, 2025, the court also noted that the individuals named as witnesses are also found to be fictitious, their details, including Aadhaar, are forged, and the institutions or organisations issuing such certificates lack any legal entitlement under their bylaws. In numerous cases, no actual marriage ceremony had taken place, it said. The court also remarked that genuine litigants are relatively few compared to the large number of petitions, which rely on fabricated documents and false claims.
Time of India
18-05-2025
- Time of India
Constitution gives right to follow religion, but doesn't support illegal conversions: HC
1 2 Prayagraj: In an important judgment, the Allahabad high court has said that the Indian Constitution gives every citizen the right to freely follow and spread their religion, but it does not support forced or fraudulent conversions. A bench of Justice Vinod Diwakar held that "India's constitutional framework guarantees the right to religious freedom under Article 25 of the Constitution. This article confers upon every person the fundamental right to freely profess, practice and propagate religion, subject to public order, morality and health. The use of the word "freely" in Article 25 underscores the voluntary nature of religious belief and expression. " However, the bench held that the "Constitution does not endorse forced or fraudulent conversions, nor does it shield coercive or deceptive practices under the guise of religious propagation". It maintained that though Article 25(1) of the Constitution guarantees freedom of conscience and the right to freely profess, practice and propagate religion, this right is expressly subject to public order, morality, and health, which provides a constitutional foundation for regulating religious conversions that are procured through coercion, misrepresentation or undue influence. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ative sua licença do antivírus agora Clique aqui Undo It said that these limitations are essential in ensuring that the exercise of religious freedom does not disrupt the societal fabric or endanger individual and communal well-being. The court made these observations while rejecting a plea to cancel an FIR against four people accused under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021. According to the complaint, the accused tried to convert people to Christianity by offering money and free medical care. The court refused to cancel the case, stating that the charges were serious and valid enough for police investigation. In its judgment, the court held that "the presumption that one religion is inherently superior to other clearly presupposes the moral and spiritual superiority of one religion over another. Such notion is fundamentally antithetical to the idea of secularism. Indian secularism is rooted in the principle of equal respect for all religions. The state neither identify with nor favour any religion, but instead must maintain a principled equidistant from all religions and faith. " Commenting on the 2021 law brought by the Uttar Pradesh govt, the court stated that the law has been enacted, aimed at maintaining public order, moral integrity and health in alignment with Article 25 of the Constitution. "The primary object of the Act is to prohibit conversions from one religion to another that are carried out through misrepresentation, force, undue influence, coercion, allurement, fraudulent means or marriage for the sole purpose of unlawful conversion. By targeting such methods, the law seeks to prevent exploitation and manipulation that could have broader destabilising effects on social harmony, besides disruption of law and order," the court noted. The court, in its judgment dated May 7, also looked into a legal issue as to whether a police officer (SHO) can be considered an "aggrieved person" under Section 4 of the 2021 Act. This section generally allows only the victim or close relatives to file a complaint. The bench clarified that the SHO can file such FIRs because the law must be read with the BNSS (Bharatiya Nagarik Suraksha Sanhita) provisions that allow the police to act in cognizable offences.
