#A Writ of Mandamus in India

[seemabhatnagar]

“Passport Issuance Amid Pending Criminal Cases: A High Court’s Perspective”

Kashif Ahmed v. Union of India

Criminal Writ Petition 2067/2024

Subject Issuance of passport when a criminal case is pending

Before Lucknow High Court

Heard by Hon’ble Mr. Justice Shameem Ahmad

Order Writ Petition was allowed on 22.03.2024 with the observation that no hard and fast straight jacket formula can be laid down regarding issuance of permission or giving no objection by the court concerned for issuance of passport.

Facts

The Additional Chief Judicial Magistrate Vth Lucknow denied permission for renewal of the passport to the Petitioner Kashif Ahmad on the ground that the Court has no jurisdiction.

The Passport of the petitioner expired on 30.11.2019 and the marriage of his brother-in-law is scheduled in Saudi Arabia on 30.04.2024 and he wanted to attend the ceremony.

In December 2019, five cases were registered against him given his protest against the Citizen Amendment Act & National Register for Citizens. In all these pending criminal cases, the charge has not yet been framed by the Court.

Aggrieved by the denial of permission by the ACJM-Lucknow, the Petitioner approached Lucknow High Court seeking a Writ of Mandamus.

Submission of Petitioner's Counsel

The Petitioner’s Counsel contended that the Magistrate didn’t apply his mind while rejecting the application of the Petitioner.

Submission of the Respondent's Counsel

The Counsel for the Respondent-Union of India too affirmed the submission of the Petitioner’s Counsel quoting the Office Memorandum dt.10.10.2019 which provided an exemption to citizens of India against whom criminal proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, subject to the following conditions, namely: -

1.      For the period as specified in the order of the court.

For renewal after the expiry of the stipulated period, a fresh court order is required specifying a further period of validity of the passport for travel abroad

2.      If no time is specified, a passport shall be issued for one year.

The passport can be further renewed for one year at a time, provided the applicant has not traveled abroad for the period sanctioned by the court; and in the meantime, the order of the court is not canceled or modified.

3.      If the time specified for travel abroad is less than one year but the validity of the passport is not specified then it shall be issued for one year.

And passport can be further renewed for one year at a time, provided the applicant has not traveled abroad for the period sanctioned by the court; and in the meantime, the order of the court is not canceled or modified.

4.      If the time specified for travel abroad is more than one year but the validity of the passport is not specified then the passport shall be issued for the period of travel as specified in the order.

In this situation renewal of the passport requires a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad.

5.      Apart from this, the citizen has to give an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, would appear before it at any time during the continuance in force of the passport so issued.

6.      For issuance of a passport, a declaration has to be made by the applicant that the applicant has not been convicted by any Court of Law in India for any criminal offence and has not been sentenced to imprisonment for two years or more than two years with other relevant information.

Seema Bhatnagar

[judgementstoday]

Which Supreme Court Case Is Most Important?

As a law student in India, you have to be well-versed in India's most important Supreme Court cases. Each case sets a precedent for future topics and is therefore critical to know.

While there are many important Supreme Court judgments, some are more significant than others. In this article, we will discuss India's five most important Supreme Court cases and why they are so important.

Introduction to the Indian Supreme Court

In India, the Supreme Court is the highest in the land. It's headed by the Chief Justice of India, who the President of India appoints. The Court consists of 25 judges, who the President sets on the recommendation of the Chief Justice of India.

The Supreme Court was established in 1950 and had original jurisdiction in all matters of law and equity. It also has appellate jurisdiction over all lower courts in India. The Supreme Court can also review any decision of a High Court and strike down any law that it finds unconstitutional.

Landmark Judgements of the Indian Supreme Court

There have been several landmark judgements of the Indian Supreme Court over the years. Some of these cases have had a far-reaching impact on Indian society, while others have shaped the course of the Indian legal system.

But which Supreme Court cases is the most important? This is a difficult question, as each case has a unique significance. However, if we had to choose one case as the most important in the history of the Indian Supreme Court, it would have to be the case known as Kesavananda Bharati vs. The State of Kerala.

The Indian Supreme Court heard this case in 1973 and dealt with some of the most critical questions about the nature of India's Constitution. In a landmark judgment, the Court held that the constitution was a "living document," meaning that it could be amended to reflect the changing needs of Indian society. This Supreme Court decisions has been cited countless times by courts around India, and it remains one of the most important rulings in the history of Indian jurisprudence.

Contempt Cases Decided by Indian Supreme Court

The Indian Supreme Court is responsible for delivering justice in the Indian subcontinent. The Court has delivered many historic judgments over the years, some of which have profoundly impacted the country's social and political landscape.

Of all the cases decided by the Indian Supreme Court, contempt cases are perhaps the most important. These are Latest Supreme Court case where the Court intervenes to protect the rule of law and ensure justice is delivered.

In recent years, the Court has delivered several landmark judgments in contempt cases. For example, in 2016, it held that Sahara Group chief Subrata Roy was in contempt of Court for not complying with a court order to repay investors. The same year, it also had Union Minister Nitin Gadkari contemptuously for derogatory remarks about a high-ranking court official. And in 2017, it held Karnataka Minister DK Shivakumar in contempt for obstructing officials from conducting a raid on his properties.

Reviewing Major Rule Changes by the Supreme Court of India

The Supreme Court of India is the final Court of appeal under the Constitution of India, the highest constitutional Court, with the power of judicial review.

Under the constitution, the Supreme Court has original jurisdiction over matters involving interpreting the Constitution or federation laws. It also has appellate jurisdiction over civil and criminal cases from lower courts and tribunals.

The Court has a mandamus jurisdiction, which allows it to issue writs to enforce its judgments or orders or those of lower courts.

In recent years, the Supreme Court has been increasingly active in reviewing significant rule changes by the executive and legislature. For example, it struck down a ruling by the government that would have made it harder for people to challenge land acquisitions and overturned a decision to make it harder for people to file for bankruptcy.

The Supreme Court has also played an essential role in protecting minority rights. In 2006, it ruled that Dalits, a group that has long been discriminated against in India, should be given special protection under the constitution.

The Court has also ruled that reservations, or quotas, should be provided for Scheduled Tribes and Other Backward Classes in government jobs and educational institutions.

So, these were some of India's most important Latest supreme court judgments that have been decided in the recent past. Every case has left an impact on society and the legal framework of the country. It will be interesting to see which case the apex court takes up next and what kind of ruling it delivers.

[advabhisheksinha]

WRITS AT THE HON’BLE SUPREME COURT OF INDIA

UNDER ARTICLE 32 OF CONSTITUTION OF INDIA

REMEDIES FOR ENFORCEMENT OF RIGHTS CONFERRED BY THIS PART

1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed.

2) The Supreme Court shall have power to issue directions or orders or writs including within the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari whichever may be appropriate, for the enforcement of any of the rights conferred by this part.

3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) & (2), Parliament may by Law empower any other Court to exercise within local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under Clause (2).

4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Transfer Petition, Special Leave Petition, Supreme Court Lawyer, Advocate, Delhi, AOR, Delhi High Court, Bombay High Court, Advocate for Supreme Court Case, SLP, Bail, Supreme Court Lawyer Bombay, WRIT, Constitutional Law

[blogynews]

"Startling: SC Rejects PIL on Curbing Religious Conversions, Unveiling Untold Insights!"

The Supreme Court declined to hear a petition that requested the government to take action against fraudulent religious conversions in India. The bench, consisting of Chief Justice D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra, questioned the court’s authority to issue a writ of mandamus and stated that it should not involve itself in this matter. The petitioner, Jerome Anto,…

[blogynewz]

"Startling: SC Rejects PIL on Curbing Religious Conversions, Unveiling Untold Insights!"

The Supreme Court declined to hear a petition that requested the government to take action against fraudulent religious conversions in India. The bench, consisting of Chief Justice D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra, questioned the court’s authority to issue a writ of mandamus and stated that it should not involve itself in this matter. The petitioner, Jerome Anto,…

[blogynewsz]

"Startling: SC Rejects PIL on Curbing Religious Conversions, Unveiling Untold Insights!"

The Supreme Court declined to hear a petition that requested the government to take action against fraudulent religious conversions in India. The bench, consisting of Chief Justice D.Y. Chandrachud and justices J.B. Pardiwala and Manoj Misra, questioned the court’s authority to issue a writ of mandamus and stated that it should not involve itself in this matter. The petitioner, Jerome Anto,…

[legalfirmindia]

WRIT OF MANDAMUS

WRIT OF MANDAMUS: Best Lawyers for Writ of Mandamus filing in Chennai Tamil Nadu India. Choose Top Advocates for Legal Consultation and Guidance to understand and process the case. Advocate Saravvanan Rajendran Law Chamber [askadvocates.com]

Best Lawyers for Writ of Mandamus

Find and identify the Best Lawyers for Writ of Mandamus filing in Chennai Tamil Nadu India. Choose Top Advocates for Legal Consultation and Guidance to understand and process the case. Advocate Saravvanan Rajendran Law Chamber [askadvocates.com] is one of the Best Law Firm for Writ of Mandamus.

Right writs in the custom-based law

Introduction: A writ of…

[naag-mysuru-blog]

Legalising Land Mafia ?

DALIT ONLINE – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.15..Issue.12..........24 / 03 / 2019

AKRAMA SAKRAMA

- Are BDA , MUDA , Karnataka HC Judges favoring Land Mafia & Murdering Innocents ?

Recently Karnataka high court gave clearance to Karnataka government’s regularization of illegal buildings ( AKRAMA SAKRAMA ) scheme.

1. Law is one & same for all.

2. Government authorities , police razes down , demolishes small temporary hutments built by tribals , dalits without mercy , takes suo motto action. No court comes to their rescue.

3. Till date bagar hukum lands are not given to dalits , tribals are not given land rights over their huts in forests. Is Cout blind , deaf ?

4. However when rich crooks build bungalows , commercial complexes illegally , no suo motto action taken by government authorizes , police , why ? Courts go a step further it gives stay orders against demolition of rich crook’s illegal buildings , asks government to modify plan , law itself to save illegal buildings of rich crooks.

5. Does Karnataka HC has details of exact number of building violations , buildings built on forest lands , lake beds , raja kaluves with respective after affects on neighbouring buildings , road traffic , ecology , etc and contingency plan by authorities to overcome those after affects casewise backed by technical studies. Make it public.

6. What criminal action initiated against revenue , police & other officials who failed in their duties at the first instance to stop the illegal building construction.

7. Small houses of poor people who have smaller building violations but who failed to bribe officials were dealt mercilessly. Their houses were razed down . Now , will the HC order the government to compensate them , to rebuild houses for them as the court is now saying they are legal now.

8. Government & HC has given a cut off date for consideration of regularization of illegal buildings. When a crime before that cut off date becomes legal , why cann’t it be legal after that date ?

9. What guarantee HC gives no illegal buildings has come up after cut off date and will never come in future ?

10. If comes what criminal action against the concerned officials ?

11. The land encroachments & illegal buildings and it’s continued existence since years is not possible without tacit , covert support of jurisdictional revenue officials. What disciplinary action has been taken against concerned officials with respect to each case of land encroachment & illegal buildings , case wise ?

12. If not , why ?

13. Is not “land AKRAMA SAKRAMA SCHEME” itself illegal ?

14. Is not the move of government of Karnataka to legalise land encroachments & illegal buildings , in itself illegal ?

15. Till date in some cases of land encroachers are evicted & some buildings violating building byelaws demolished , you could have spared them to enjoy the benefit of land akrama sakrama scheme. Why you didn’t spare them ?

16. Is this scheme applicable for only chosen few ?

17. Does this scheme also benefit rich people above BPL ?

18. Does this scheme also benefit big land developers , land developing companies ?

19. To my previous RTI appeals to MUDA , BDA only partial information was given , conveniently hiding the truth. Is it not violation of RTI act ?

20. Does not hiding information about land crimes , in itself also a crime ?

21. I have shown in detail some land crimes in Karnataka. What action by government of Karnataka , casewise ?

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,

https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,

22. Does not hiding a land crime , embolden land grabber to commit more land crimes ?

23. What action taken against BDA , MUDA & Revenue department officials who are covering crores worth land scams inspite of my repeated appeals & RTI Requests ?

Bottomline : Judges open your eyes , listen , think & then act.

PIL – Jail Killer Judges

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor , Indian’s Diary & Dalit’s Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

.

....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Judges Murder Innocents

In the recent past , in bangalore city & other parts of karnataka incessant rains played havoc on civilians. Due land grabbings , lake grabbings , lake tributaries grabbings by land mafia rain water entered many houses killing civilians , livestock and caused crores of rupees losses.

There are many statutory reports by A T Ramaswamy , Subramanyam , Koliwad , etc regarding lake encroachments , raaja kaluve / tributaries encroachment , revenue land / forest land encroachment , etc. What is the action taken by government ?

Authorities enacted lake encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of ministers , crores of worth apartment clusters , it stopped all of a sudden.

In the same way , Authorities enacted Raaja Kaluve / tributaries encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of rich , commercial complexes , crores of worth apartment clusters , it stopped all of a sudden.

A Karnataka High Court Judge was shame less in his act to favor the rich. That judge was not moved , sympathetic when small hutments , small houses of poor were demolished. He became wise when authorities wanted to demolish big bungalows , commercial complexes of rich. He asked BDA , BBMNP why cann’t authorities divert Raaja Kaluve itself ?

Wise Judge Sir , one has to buy pant , shirt according to his height , waist , etc but you cann’t change your body size , height , waist according to size of shirt or pant ? One has to build house , complex based on plan given by the authorities leaving aside civic / revenue lands. It is a grave crime by both seller & buyer of that illegal encroached land , irrespective of rich or poor , commoner or minister, those lake encroachments , Raaja Kaluve encroachments must be removed & guilty severely punished.

Authorities & few judges are hand in glove with land mafia and are not acting against rich , powerful violators. Since years we are requesting for information under RTI about land grabbings from MUDA , MCC , BBMNP . BDA , KIADB no answer ? Appealed to courts , no use. Years back , when we questioned a Judge / District Magistrate about hebbal lake encroachment , he threatened me personally over phone. The recent move of Government of Karnataka to legalize illegal land encroachments ( AKRAMA SAKRAMA ) iself is illegal. If timely action was taken by SCI Judges & Karnataka HC Judges these losses could have been averted. Due to this unholy nexus , negligence of duties even by judges resulted in loss of lives , properties in karnataka during recent rains. The guilty judges must also be punished.

Who will bell the cat.

Specifically in Karnataka Rich & Influential people have illegally encroached Lakes , Public grazing fields , Temple Lands , Raaja Kaluve / feeder canals , etc. Concerned public servants are not doing their duties and encroachment continues since years. Even appeals to Law Courts of Justice by way of PILs have not yielded any results. Even criminal nexus with help of government has gone a step further to legalize their crimes of land grabbing in the name of “AKRAMA SAKRAMA”. Courts are deaf , dumb & blind.

These crimes can continue since years only with connivance of judges , public servants. Throughout this petition term “Judge” includes even quasi judicial officers like Revenue Inspector , Assistant Commissioner , District Magistrate , etc apart from Law Court Judges. Due to these illegal land encroachments , road accidents are taking place , buildings are falling down , rain water is gushing into houses and killing people. For all the recent deaths due to rains in Bengaluru & other parts of Karnataka JUDGEs are solely responsible. For all these JUDGEs are responsible.

2. Question(s) of Law:

Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ?

3. Grounds:

Requests for equitable justice , Criminal Prosecution of Judges , master minds of land grabbing ,frauds.

4. Averment:

Covering up Land Frauds & Land Mafia . Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal---muda-bda-kiadb ,

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to punish guilty judges.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants & to criminally prosecute , punish guilty judges , to order Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.

b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal---muda-bda-kiadb ,

Dated : 24/10/2017 ………………… .FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

Editorial : Judges Murder Innocents

In the recent past , in bangalore city & other parts of karnataka incessant rains played havoc on civilians. Due land grabbings , lake grabbings , lake tributaries grabbings by land mafia rain water entered many houses killing civilians , livestock and caused crores of rupees losses.

There are many statutory reports by A T Ramaswamy , Subramanyam , Koliwad , etc regarding lake encroachments , raaja kaluve / tributaries encroachment , revenue land / forest land encroachment , etc. What is the action taken by government ?

Authorities enacted lake encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of ministers , crores of worth apartment clusters , it stopped all of a sudden.

In the same way , Authorities enacted Raaja Kaluve / tributaries encroachment clearance drama by clearing / demolishing commoner’s houses on the fringes , when it came to big bungalows of rich , commercial complexes , crores of worth apartment clusters , it stopped all of a sudden.

A Karnataka High Court Judge was shame less in his act to favor the rich. That judge was not moved , sympathetic when small hutments , small houses of poor were demolished. He became wise when authorities wanted to demolish big bungalows , commercial complexes of rich. He asked BDA , BBMNP why cann’t authorities divert Raaja Kaluve itself ?

Wise Judge Sir , one has to buy pant , shirt according to his height , waist , etc but you cann’t change your body size , height , waist according to size of shirt or pant ? One has to build house , complex based on plan given by the authorities leaving aside civic / revenue lands. It is a grave crime by both seller & buyer of that illegal encroached land , irrespective of rich or poor , commoner or minister, those lake encroachments , Raaja Kaluve encroachments must be removed & guilty severely punished.

Authorities & few judges are hand in glove with land mafia and are not acting against rich , powerful violators. Since years we are requesting for information under RTI about land grabbings from MUDA , MCC , BBMNP . BDA , KIADB no answer ? Appealed to courts , no use. Years back , when we questioned a Judge / District Magistrate about hebbal lake encroachment , he threatened me personally over phone. The recent move of Government of Karnataka to legalize illegal land encroachments ( AKRAMA SAKRAMA ) iself is illegal. If timely action was taken by SCI Judges & Karnataka HC Judges these losses could have been averted. Due to this unholy nexus , negligence of duties even by judges resulted in loss of lives , properties in karnataka during recent rains. The guilty judges must also be punished.

Who will bell the cat.

Your’s ,

Nagaraja Mysuru Raghupathi.

CBI RTI Srinath Murder

https://sites.google.com/site/eclarionofdalit/cbi---rti-srinath-muder

HC Judges Favoring Mafia

https://sites.google.com/site/sosevoiceforjustice/hc-judges-favoring-mafia ,

Why NOT Demolish Illegal Bungalows of Ministers

https://sites.google.com/site/sosevoiceforjustice/why-not-demolish-illegal-bungalows-of-ministers ,

Judges Murder RTI

https://sites.google.com/site/sosevoiceforjustice/judges-murder-rti

BEML Housing Society - RTI Murders

https://sites.google.com/site/eclarionofdalit/beml-rti-murders

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761, HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017 KARNATAKA INDIA Cell : 91 8970318202

WhatsApp 91 8970318202

Home page :

http://eclarionofdalit.dalitonline.in/ ,

https://dalit-online.blogspot.com

Contact : editor@dalitonline.in , editor.dalitonline@gmail.com ,

[ledxlaw]

HOW TO FILE A WRIT PETITION IN INDIAN COURTS?

In Indian Constitution, fundamental rights are given to the citizens of the country. Fundamental rights are the most crucial for the development of the people of India. Part III of the Indian Constitution includes the fundamental rights of people like the right to speech, right to equality, right to freedom etc. Solely stating these rights in the constitution and giving these rights to the people is not enough. These rights should be protected also. For the protection of these fundamental rights, Article 32 and Article 226 of the Indian Constitution give remedies. Article 32 and Article 226 of the Indian Constitution give the right to approach the Supreme Court and High Court. This right can be practised by anyone whose rights are violated. There are many writs provided under the Indian Constitution which protect the fundamental rights of the citizens of the country. Many online law certification courses are available on the Writs provided under the Constitution of India which protects the rights of people. 

What is a Writ? 

Writ refers to an order which is issued by the authority. The writ is understood as a formal written order which is issued by the court having the authority to do so. 

A writ petition is an application which is to be filed before a court asking for the issue of the writ in a case where the fundamental rights of citizens are violated. 

Types of Writs - 

In Indian Constitution, Article 32 and Article 226 deal with the issue of writs. There are 5 types of writ provided under the Constitution which have different meanings and applications. These 5 types of the writ are: 

Habeas Corpus: This writ means ‘you may have the body of’. This writ is applied in those cases where the person is detained illegally. The court uses this writ and directs the person to court for checking the legality of his custody. This writ can be issued by the courts in the following circumstances: 

When a person is taken into custody but is not presented in court within 24 hours of his arrest. 

When a person is detained even when the person has not breached the law. 

When a person is arrested with a deceitful purpose. 

Mandamus: This refers to ‘we command’. It is a command which is given to a person who is working as a public servant and who has not fulfilled his duty. This command is given by the courts. This writ can be issued against a person, corporation, an inferior court or any government body for the same cause i.e. when they fail to perform their duties. 

Certiorari: The term certiorari refers to ‘certified to be informed.’ This writ is issued by the superior court to an inferior court for passing the pending case to a higher court or giving the judgment soon. In 1991, the apex court which is the supreme court ruled that this writ can be issued against authorities also if their judgment is violating the rights of the people. This writ can be issued in the following cases:

There should be a court that has the authority or right to act judicially. 

If the judgment of a lower court violates the law. 

If the judgement given by an inferior court contains some error. 

Prohibition: The Writ of prohibition means to hinder or to discontinue and it is popularly recognized as ‘Stay Order’. This writ is issued when a lower court or a body tries to disobey the limits or powers vested in it. The writ of prohibition is given by any High Court or Supreme Court to any lower court, or semi-legal body prohibiting the latter from continuing the procedures in a specific case, where it has no jurisdiction to try.  It cannot be imposed against administrative organisations, statutory authorities, or private people or enterprises. It is solely applicable to legal and semi-legal bodies. 

Quo Warranto: This term Quo warranto means ‘by what authority or by what warrant’. It is issued by the court for the purpose of knowing the legitimacy or under what power the person is holding an office. It helps to prevent the unlawful holding of office by any individual. This writ cannot be issued under the following situations: 

To remove any minister from his authority.

It cannot be issued against the chief minister for non-performance of his duties. 

In the case of a ministerial office or private office. 

How to File a Writ Petition?

For filing a writ petition in any of the courts, a proper procedure should be followed. Firstly, the party who needs to file this writ needs to approach an organisation with identity proof, residential proof and all the other necessary documents and proofs. Then the advocate will draft a petition which will include all the details and facts of the case about how the rights were violated. After this, the draft is sent to the court and the person gets a date for the hearing on which courts accept the petition and send the notice to the other party. Then a date is given on which both the parties should compulsorily be present in court. The judge hears both sides of the case and then passes a judgement. This procedure should be followed to file a writ petition. Various Online law certification courses are there by which experts give the knowledge about all these things and law aspirants could learn better. 

Conclusion -   Many rights are provided to the citizens under Indian Constitution but the most important rights are fundamental rights which are provided under Article 19 of the Indian Constitution like the right to equality, right to freedom, right to speech etc. These rights are so crucial for the people of India and as these rights are available so their violation is also possible. So to protect the fundamental rights of people writs are there in Article 32 and Article 226. There are 5 types of writs in our constitution which can be filed in the High Court or Supreme Court for the violation of the Fundamental Rights of the people. Various Online legal courses are being provided nowadays which help law students to understand the concept of writs and the process of how these writs are filed in the courts.

[vjmglobal]

Once the application has been processed and order passed, plain effect of same can’t be avoided

Held by Hon’ble Allahabad High court

In the matter of SAVISTA GLOBAL SOLUTIONS PRIVATE LIMITED VERSUS UNION OF INDIA AND 5 OTHERS (Writ petition No. 113 of 2021)

The petitioner filed a manual refund application on 27.09.2019. The respondent processed the refund application and issued a final order on 06.01.2020 approving the refund amount. However, since the refund was not disbursed, therefore, the applicant filed a petition before the Hon’ble High Court seeking mandamus to issue refund amount and interest thereon @ 6% from the date of expiry of 60 days from date of filing of refund application.

The respondent contended that as per Circular No. 125/44/2019-GST dated 18.11.2019, the refund module for online filing of refund application has been deployed on GST portal with effect from 26.09.2019. Therefore, refund applications and further processing should be done through online mode only. Therefore, no interest is payable and a refund will be provided only after a refund claim is filed online.

Hon’ble HC held that Rule 97A provides that any reference to electronic filing of application includes manual filing. Circular can’t override or neglect the effect of Rule 97A.  It is a settled principle in law that the delegated legislation would stand on a higher pedestal over pure administrative instruction. Further, a circular was issued after the date of filing of refund application. Also, the respondent has processed the refund application and passed the order. Once the application had been processed and or order passed, which has attained finality, the respondents cannot escape the plain effect of the same.

Therefore, the respondent is liable to pay a refund amount along with interest.

1. Brief facts of the case

M/s Savista Global Solutions Private Limited (“The Petitioner”) was having a refund pertaining to the month of July, 2019 of INR 1,28,50,535/-.

The petitioner filed an application seeking refund on 27.09.2019. In pursuance of Rule 97A of CGST Rules, 2017, application for seeking refund was filed manually.

The respondent passed an order of granting refund on 06.01.2020. The order was not passed within a period of 60 days from the date of filing of refund application in accordance with Section 54(7) of CGST Act, 2017.

Therefore, the petitioner also requested for interest @ 6%p.a. From the date of expiry of 60 days from the date of filing of refund application till the date of actual payment of refund in accordance with Section 56 of CGST Act, 2017.

Till the date of filing the petition, neither amount of refund awarded under the contract nor any interest has been paid to the petitioner. Therefore, the petitioner filed a petition before Hon’ble Allahabad High Court seeking mandamus*.

*Mandamus writ is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

2. Relevant Legal Extracts

Relevant extract of the statute is reproduced below for ready reference:

Section 56 of CGST Act 2017: Interest on delayed refunds.

“If any tax ordered to be refunded under sub-section (5) of section 54 to any applicant is not refunded within sixty days from the date of receipt of an application under sub-section (1) of that section, interest at such rate not exceeding six percent. as may be specified in the notification issued by the Government on the recommendations of the Council shall be payable in respect of such refund from the date immediately after the expiry of sixty days from the date of receipt of an application under the said sub-section till the date of refund of such tax:

…”

Rule 97A of the CGST rules 2017:Manual filing and processing

“97A-Notwithstanding anything contained in this Chapter, in respect of any process or procedure prescribed herein, any reference to electronic filing of an application, intimation, reply, declaration, statement or electronic issuance of a notice, order or certificate on the common portal shall, in respect of that process or procedure, include manual filing of the said application, intimation, reply, declaration, statement or issuance of the said notice, order or certificate in such Forms as appended to these rules.”

Circular No. CBEC-20/16/04/18-GST dated 18th November, 2019 issued a fully electronic refund process through FORM GST RFD-01 and single disbursement.. Relevant extract of Para 2 of circular is reproduced below:

“The necessary capabilities for making the refund procedure fully electronic, in which all steps of submission and processing shall be undertaken electronically, have been deployed on the common portal with effect from 26.09.2019. Accordingly, the Circulars issued earlier laying down the guidelines for manual submission and processing of refund claims need to be suitably modified and a fresh set of guidelines needs to be issued for electronic submission and processing of refund claims….”

3. Submission of the Petitioner

The petitioner filed a petition contenting following points:

Amount as approved under order passed on 06.01.2020 is refundable to the petitioner for the month of July, 2019.

As per plain language of the statute, the interest is also payable to the Petitioner @6% from 27.11.2019  (i.e., 60 days from date of filing of refund application) onwards.

4. Contention of the Respondent

In the exchange of pleadings the Respondent contended the following:

It has approved refund on 06.01.2020 and forward filed for actual payment on 15.01.2020. Therefore, no liability arises for payment for interest.

Further, another respondent contended that application for filing refund application and the above mentioned forwarding letter by another respondent was moved through physical mode after 26.09.2019.

As per circular No. CBEC-20/16/04/18-GST dated 18.11.2019, such refund application and forwarding letter could not be processed.

After activation of refund module on GST portal on 26.09.2019, the refund application and further processing should have been made through online mode only and such deficiency was intimated to another respondent earlier also.

Therefore, no interest is due to the petitioner and also the refund will be paid only after the petitioner and the respondent will lodge the particulars of the refund and the refund order on the GST portal, through online mode, only.

5. Analysis and findings of Hon’ble Allahabad High Court

In the given case, the application filed by petitioner on 17-9-2019 to the respondent for its refund due from July 2019.

According to Rule 54(7) of the CGST Rules 2017, the said application should have been processed and order passed within 60 days, but in the given case the 60 days have been passed and no order passed by respondent.

Since, the order has not been passed by the respondent within stipulated time, by virtue of section 56 of CGST Act 2017, interest at the rate of 6% is levied from the date of expiry of 60 days till the payment of refund is done.

Further, manual filing of refund applications do not bring any disentitlement either toward payment of refund amount or toward payment of interest thereon. Contention of respondent of online filing of refund application and refund order be uploaded on GST portal is an eye wash.

Click on this link to be continued: click here

[seemabhatnagar]

Madras High Court Orders Partial Defreezing of Account Amid Cryptocurrency Investigation

Freezing an account indefinitely without informing the account holder violates his fundamental rights. Freezing orders should be specific to the amount under investigation and not disrupt the entire financial life of individual.

Background

The petitioner, Mohammed Saifullah's, bank account, was frozen by HDFC Bank based on the instructions from the Cyber Crime Bureau of Telangana, received via the National Cyber Crime Reporting Portal.

The account was frozen due to an ongoing investigation into a cybercrime case related to cryptocurrency, in which an amount of Rs. 2,48,835 is suspected to be linked to the crime.

The total balance in the petitioner’s account was Rs. 9,69,580, and he had not been informed for over a year as to why the account was frozen or when it would be unfrozen.

The petitioner approached the Madras High Court seeking a Writ of Mandamus to defreeze his account and release of his balance.

Mohd. Saifullah v. Reserve Bank Of India and 5 others

WP 25631/2024

Before the High Court of Madras

Heard by Hon'ble Dr. Justice G Jayachandran J

Legal Issue

Whether the authorities can freeze a bank account indefinitely without informing the account holder or quantifying the suspected amount, thereby affecting the fundamental rights of the petitioner under Article 19(1)(g) (right to trade and business) and Article 21 (right to livelihood) of the Constitution of India.

Argument of the Parties

Petitioner's Argument

The freezing of his account was without proper communication or justification from the authorities, and without a defined time frame, violating his fundamental rights.

Freezing of his account has seriously impacted his business and financial well-being.

Respondent's Argument

Freezing of the account was based on the ongoing investigation into cybercrime, specifically involving suspected cryptocurrency transactions.

They were acting on instructions from the Cyber Crime Bureau of Telangana and the National Cyber Crime Reporting Portal.

Court's Observation

While the authorities have the statutory power to freeze bank accounts during investigations, it is essential to ensure that such powers are not exercised arbitrarily.

Freezing the entire account without specifying the amount under suspicion and failing to communicate the reasons to the account holder is not acceptable.

Courts order

HDFC Bank, was ordered to defreeze the petitioner's account, allowing him to operate it with the condition that a lien of ₹2,50,000 is kept on the account. The petitioner must ensure that a minimum balance of ₹2,50,000 is maintained in the account at all times, pending the investigation.

Seema Bhatnagar

[judgementstoday]

Explanation On The Types Of Jurisdiction Of Supreme Court

This article will explore the types of the jurisdiction of the Supreme Court of India. The Supreme Court of India is the highest in the country and can exercise original, appellate, and advisory jurisdiction. We will discuss the three types of jurisdiction in detail and highlight their importance. Additionally, we will take a look at the scope of their powers and the differences between them. By the end of this blog, you will better understand the various types of the Supreme Court of India jurisdiction and how each type is used. So, read on to find out more!

Introduction to the Supreme Court of India

The Supreme Court of India is the highest in the country, charged with upholding the rule of law. It is the apex court of India, taking on the most difficult Supreme Court cases and questions of law, often deciding matters of great public importance. The Supreme Court is the highest judicial authority of India, as it is the final court of appeal under the Constitution of India.

Overview of the types of the jurisdiction of the Supreme Court of India is the country’s highest court of law and the country's ultimate judicial authority. It is established under the Indian Constitution and is vested with both Original and Appellate Jurisdiction. The Supreme Court decisions scope can be divided into two broad categories – Original Jurisdiction and Appellate Jurisdiction.

Writ Jurisdiction: The Supreme Court of India has the power to issue writs for the enforcement of the Fundamental Rights of citizens and the enforcement of the other India legal news conferred by the Constitution of India. Under Article 32 of the Indian Constitution, the Supreme Court has the authority to issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto. 

Advisory jurisdiction: Advisory jurisdiction is the jurisdiction of the Supreme Court of India, which enables the President of India to consult the Court on any legal question. The President is not bound by the opinion or advice of the Supreme Court, but it is considered to be binding on the Court. This jurisdiction is exercised under Article 143 of the Indian Constitution. According to this article, the President can refer any matter of public importance or any question of law to the Supreme Court.

Appellate Jurisdiction: The Supreme Court of India has a special jurisdiction of hearing appeals against the decisions of the High Courts and the other courts. As per the provisions laid down in Articles 132, 133, and 134 of the Constitution of India, the Supreme Court has the power of appellate jurisdiction over all civil and criminal matters.

In conclusion, the Supreme Court of India is the highest court of appeal for matters of jurisdiction involving the Government of India, individual states and union territories, and other jurisdictions of the country. The court has varying degrees of power, from advisory to appellate, depending on the Latest Supreme Court rulings nature and the Constitution's provisions.

[omprakashchaudhary]

Are Politicians Running for Rights or Recognition?

When the Constitution of India was written, the principal aim was to establish political democracy in the new India. But the social and economic concepts were not aloof from the Constitution. The makers of our Constitution were very well aware of the fact that a democratic country won't survive without strong pillars. In order to establish a welfare state, providing socio-economic justice to the people is equally important. By keeping this in mind, the Constitution laid down some principles and guidelines in Part IV of the Constitution known as the Directive Principle of State Policy.

Directive Principles are based on Nehru-Gandhi principles. It is the amalgamation of Nehruvian imagination of socialistic patterns and the Gandhian model of decentralization along with the Uniform Civil Code. The purpose of assimilating Directive Principles in the Constitution is to balance the politically viable consensus. 

The Non-Justiciability of DPSP makes the government immune from any action against them, and sometimes they take advantage of this fact. Even the court is not authorized to issue the writ of mandamus to the state when they fail to comply with the Directive Principles. 

Mandamus is a writ issued by the Supreme Court or High Court to any person or authority who fails to perform their duty. Raising the issue of mandamus is essential because this writ compels the concerned authority to fulfill his responsibility. If the superior authorities lose this right, one can very well imagine how the people in power will misuse their powers. 

We can't deny the fact that media houses glorify the works of politicians when actually they should be presenting the work of politicians as their duty. It is a bitter truth that the media changes a common man's perspectives by presenting biased reports. Most often, they side with the ruling party and present the duties of the leading members as some kind of charitable work. Because of this influential media power, politicians today are concerned more about showcasing their work on a grand scale. You will never notice them working without a big rally of media houses and cameras following them. 

Politicians are running after recognition and not for rights. A major scuffle between the two leading political parties over the Atal tunnel is quintessential. While it was the idea proposed by the leading member of one of those political parties, the foundation stone was laid by a member of the other political party. The scuffle is all about getting fame for who is responsible for successfully completing the project. Above all, as expected, the media sided with the ruling party when actually they should have presented an unbiased view. The reality is one of them proposed, and one of them accomplished, not out of discretion but out of responsibility. The funding didn't go out of their pocket. It was the money of the common people, and so is the Atal tunnel. It was built for the comfort of common people. 

Another incident where politicians behaved like rowdy people was the inauguration day of Signature Bridge in North-East Delhi. Two different political parties engaged in a brawl, and one of the prominent members got slapped in the chaos. Now, this issue could have been subdued, but the media added fuel to the controversy by igniting the fire between the two political parties. How will the common man behave if the leaders of our society themselves are stooping so low? 

A developed country is the dream of every citizen. Technological advancement, blooming economy, and security for all are the base of a developed country. Since India is a developing country and we don't have the necessary amenities to create our own fighter planes, we borrow them from other developed countries. Recently India bought five Dassault Rafale fighter planes from France. It is the first batch of the deal that includes 36 fighter planes. Now it is a big deal for our country, and we all must take pride in it but was it really important to showcase this news to a large extent. Now, isn't the media supposed to conceal the confidential news that could risk the security of the country? Revealing the news of weapons and aircraft is quite risky. But politicians have to claim their superiority by highlighting the things they do. 

If you take the example of our neighboring countries, the way their media represents their political leaders does not look like a PR campaign. They put forth all the positive and negative views and let the people decide. Media is one of the essential pillars of democracy. But the way India media hypes the political candidates looks more like a clown-work. It clearly shows they are digressing from their actual responsibility. But we can't blame the media entirely. It is actually the politicians who are pulling their strings. No one is actually concerned about leading the country to the right path. While the media runs after the TRPs and marketing strategies, our leaders are running after the recognition and paid vote-bank. 

The most common place where you can see the scuffle between different political parties is the Lok Sabha house. Irrespective of whether any party is putting forward the right point, the opposite parties negate their views. Eventually, it leads to big chaos among all the members. Why do they forget that they are representing the biggest democracy in the world? Is this the example they will set in front of the world? This clearly shows that every political party is busy fulfilling their personal agendas without worrying about the development of the country and the citizens. 

Being a citizen of this country, it is our responsibility not to divert from our perspective and not let our views get influenced by the political presenters. We must trust our conscience and believe in what we see, not what we hear. As Mahatma Gandhi said, "be the change you want to see in the world," we must start the change within ourselves. No matter if the articles of DPSP are Justiciable or not, the politicians are not supposed to misuse their powers. As citizens, we must keep a clear watch on how the leaders of our society or country are fulfilling their responsibilities. Are they really keeping up with the oath they took or just glorifying their image?

Source: Are Politicians Running for Rights or Recognition?

[ledxlaw]

Types of Writs In the Indian Constitution

Writs a word no one can be unfamiliar with, especially a law student. This word holds a lot of importance and power. Legal professionals in the field of civil law, criminal law, or any other legal field must come across these writs and cases related to them at least once in their whole career. It is necessary for law aspirants to know what they are, how many types of writs are there in the Indian constitution and when they are used, all these are a little difficult to grasp at once that’s why many online legal courses make sure to teach or mention writs in lectures once in a while. So, What are writs? A writ is a legal order to do or not do something issued by the court of law or in simple terms, the writ means an order, given by the authority. 

In the Indian, Constitution writs mean, “ Writs are the written order from the Supreme court or High Courts that commands constitutional remedies for the Indian constitution against any kind of violation of their fundamental rights.” This order can be given to any individual, organization or state, that has violated the fundamental rights of a citizen. The power to issue Writs is considered the most important tool which is given to the Courts by the Indian constitution. This makes them, very essential part of the Indian judiciary system.  

Writs in Indian constitution:

Article 32 (i.e, according to Article 32, an individual can move to the supreme court of India when their fundamental rights are being violated or destitute and the Supreme court has the power to issue directions and orders or writs for the enforcement of the Fundamental Rights) and Article 226( This article confers power to High Court to issue writs to any person or authority within their jurisdiction for the enforcement of the fundamental rights or any legal rights) of the Indian constitution, gives power to the Supreme Court and High Court of India to issue writs. Article 32 is a fundamental right ( Right to Constitutional Remedies) which makes it unrefutable and absolute.

About Writs Petition:

A writ petition can be filed by any individual, whose Fundamental rights have been violated or are being deprived of their rights by the state or an individual. This petition can be filed either in High Court or Supreme Court. There is a  complete procedure for filing this petition with required documents and requires a legal professional for the process of petition filling. Thus every legal writ petition requires a legal professional with complete knowledge and experience in this aspect, that’s why many law aspirants opt for online legal certification courses to learn about this process from top legal industry experts.

Types of Writs In Indian Constitution: 

The constitution of India provides five types of writs which can be issued by the court, they are as follows;

Habeas Corpus

Mandamus

Prohibition

Certiorari

Quo-Warranto

Habeas Corpus:

Writ Habeas Corpus is the translation of Latin words “To find the Body of” or “You(shall) have the body”. This kind of writ is issued by the court, to order an individual, an authority or a police department to produce a body or present physically the person who is illegally detained in front of the court. The writ Habeas Corpus is used in the enforcement of the fundamental right of liberty of an individual against detention. The petition of this type of writ can be filed in the Supreme court or High court by the public, relatives or friends of the person who is alleged, to be in illegal detention. But this writ is not applicable if the detention is lawful, and is for contempt of Court.

Mandamus:

Indian Constitution provides another writ jurisdiction “Mandamus” which in Latin means “We Command”. This writ is issued by the court to an authority to perform the public duty which they are bound to perform but refused or failed to do so. This writ can be issued to a public individual, public authority, public body, lower courts or government tribunals. This writ can only be passed when a public authority denies performing its duty when asked by the petitioner. But this writ can not be issued when the duty was optional, not mandatory or against the Chief Justice of India, or any private individual or organization.

Certiorari:

The meaning of the writ Certiorari is “to be certified” or “to be informed”. This writ is issued by the Higher court to the lower court against the order passed by them in cases, and also to direct them to pass the pending case to the higher court. This writ is passed rarely and issued only when the Higher court feels that the tribunal court or lower court has passed a judgement or taken a case which is beyond their power or jurisdiction. Before this writ is issued only to judicial courts and quasi-judicial courts. After 1991, this writ can be issued to both the judicial and administrative systems. This writ can be issued only after the judgement is passed.

Prohibition:

As the word suggests itself, the meaning of the writ of Prohibition is “to forbid”. The Higher court(such as the Supreme court and High Court) issues the writ of prohibition to the lower courts or quasi or tribunal judicial bodies when this court tries to cross their power or jurisdiction limit. The prohibition writ cannot be issued against any public or private individual, authorities or bodies. 

Quo-Warranto:

The term of writ Quo-Warranto means “by what warrant. This writ issued is issued, to an individual holding a public office or issued by the court to the public official asking them by which authority did they hold the public offices. This writ also reviews the action of administrative authorities who make appointments to the public offices. This writ is applicable to only public offices and not to a private individual or organization.

Conclusion:

These are the 5 writs i.e, Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto of the Indian Constitution. The most widely issued writ is Mandamus, the other rest. These writs are said to be taken from British law in old times. For every citizen of India, it is necessary to know all these writs and situations and the requirements for filing them. Also, every law aspirant must be versed in these writs, as it will help them in their career. Many online legal learning platforms provide information about the writs of the Indian constitution through online law certification courses in India. The violation of Fundamental rights is a crime and these writs are protection given by the framers of the Indian Constitution to their country’s citizen's most basic rights.

[rrbntpcexam]

RRB|NTPC|GENERAL AWARENESS

GENERAL AWARENESS  

1. In   ____________,   the   short   run   equilibrium   results   in   quantity   produced   being   lesser and prices being higher compared to perfect competition.  

1)   Oligopoly

2)   Monopolistic Competition  

 3)  Monopsony

4)  Monopoly  

2. The average product curve are inverse ____ shaped.  

1)   W

2)   X

3)   U

4)   V    

3.“Bankruptcy   and   insolvency”   is   listed   in   the   __________   list   given   in   the   Seventh   Schedule in the Constitution of India.  

1)   State

2)   Concurrent  

3)   Global

4)   Union  

 4.A   writ   of   _________   means   that   the   court   orders   that   the   arrested   person   should   be presented before it.  

1)     Quo Warranto  

2)   Prohibition

3)   Habeas Corpus

4)   Mandamus  

 5.  In 1236 Sultan Iltutmish’s daughter, __________, became Sultan.      

1)  Rukhsana

2) Rehana

3) Raziyya  

 4) Rashida

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[seemabhatnagar]

"Still difficult for parents to accept interreligious marriage"

MD Nemat Ali & Another v. The State & others

WP(Crl) 3045/2023

#Disposedof by #DelhiHighCourt on 17.10.2023.

By the Bench of Hon’ble Mr. Justice Saurabh Banerjee J #allowing #Writ of #Mandamus as sought by the petitioners and #directions were issued to #SHO & #BeatConstable for providing #policeprotection.

Background

1.    This is a WP filed under Article 226 of the Constitution of India Read with Section 482 Cr P C for directing Respondent 2 & 3 to provide protection from thee Respondent 4 (#father) and Respondent 5 (#Uncle of the petitioner.)

2.    The pertioners got married on 06.10.2023 according to #Muslimrites and #ceremonies. The #Nikahnama was #registered by a Qazi in accordance with Muslim law. It is alleged that since the marriage was solemnized #against the #wishes of the #parents so they are #threatening of #direconsequences.

Observation of the Court

1.    The #right to #marry is an #incident of #humanliberty.

2.    The right to marry a person of one’s choice is not only #emphasized in the #UniversalDeclarationofHumanRights, but is also an #integralpart of #Article21 of The Constitution of India.

3.    The #petitioners in the present case are #bothmajor and are well within their rights to marry each other.

4.    When the parties here are #twoconsentingadults who have chosen to willingly agree to join hands by way of marriage, there can hardly be any impediment on the way, be it from the parents/ relatives or the Society at large or the State.

5.    There is nothing left for anybody to #interfere in the lives of the parties herein.

6.    The respondent nos.4 and 5, though family members of the petitioner no.2, cannot be allowed to threaten the life and liberty of the petitioners, who do not require any social approval for their personal decisions and choices

7.    Article 21 of The Constitution of India gives Protection of Life and Personal Liberty to all persons whereby it is the inherent right of every individual to exercise personal choices, especially in matters relating to marriage.

Order

1.    The petitioners are entitled for protection under Article 21 of The Constitution of India.

2.    The petition is allowed and the petitioners shall be free to call or get in touch with either the SHO or the Beat Constable of PS: Jahangirpuri, Delhi, as and when required.

Direction to SHO & Beat Constable

1.    The SHO and the Beat Constable of the concerned Police Station is directed to take all possible steps to provide adequate assistance and protection, as and when needed, to the petitioners, in accordance with law.

Seema Bhatnagar