#Chief Judicial Magistrate

[rightnewshindi]

डिप्टी कमिश्नर को चीफ जुडिशल मजिस्ट्रेट को धमकाना पड़ा भारी, हाई कोर्ट ने किया तलब

Jammu Kashmir News: जम्मू-कश्मीर हाई कोर्ट ने एक आईएएस अधिकारी को आपराधिक अवमानना मामले में हाजिर होने का आदेश दिया है। अधिकारी गांदरबल में डिप्टी कमिश्नर पर पर तैनात हैं। आईएएस अधिकारी श्यामबीर पर आरोप है कि उन्होंने चीफ जूडिशल मजिस्ट्रेट फयाज अहमद कुरैशी के आदेश के बाद उनसे बदला लेने की कोशिश की और निजी हमला किया गया। जज ने उनके खिलाफ मुआवजे के एक मामले में फैसला सुनाया था। कोर्ट ने उनकी सैलरी…

[silicacid]

oh my god they extended the detention of Dr Muhammad Abu Salmiya, director of Al Shifa hospital

Gaza City Shifa Hospital Director Muhammad Abu Salmiya recently had a hearing before an unidentified Israeli civilian Magistrate's Court via videoconference in which his detention was extended, sources have told the Jerusalem Post.

Abu Salmiya is being criminally probed by the Shin Bet (Israel Security Agency) under current war emergency regulations relating to Hamas and other terrorists connected to the war.

As part of those regulations, Abu Salmiya is also still unusually being prevented from meeting with a lawyer.

Though sources did not identify the civilian court, traditionally, the Beersheba courts have handled a variety of Gazan terror cases.

As of Monday, the Post had only been hinted informally by some sources that he remained in Shin Bet custody, with the IDF legal division, the Shin Bet, the Justice Ministry, and the police all declining to comment on the record.

The IDF and the Shin Bet announced his arrest on November 23, but since then have given no official update. Under standard rules in Israeli civilian courts, the state must generally file an indictment within a certain number of days or, in exceptional circumstances, within a few weeks, in order to justify keeping a suspect in detention. In the Israeli military courts that deal with West Bank Palestinians, the military prosecution sometimes has up to a period of months to file an indictment, during which the Shin Bet could keep someone in detention if it involves a security crime. There is also administrative detention, which is an entirely different track, but that is usually reserved for terrorists who are expected to perpetrate violence, something Salmiya has not been accused of.Israel also has a law for “unlawful combatants” which is being used to deal with at least 150 or more Hamas terrorists who were captured while fighting IDF forces. It appears that Israel is applying these rules to Abu Salmiya.

Expansion on detention? On November 28, the Palestinian-leading Middle East Monitor reported that “the Government Media Office in Gaza said yesterday evening that Israel had extended the detention of the director of Gaza’s Al-Shifa Hospital for an additional 45 days.” No Israeli office has confirmed the specific number of days his detention was extended, but when previously questioned about the handling of other unlawful combatants arrested during the war, the IDF said, “there are terrorists who were captured in connection with the slaughter perpetrated by a terror organization and who are detained by the State of Israel. This is according to the law, whether based on [judicial] detention orders or whether based on the authority of IDF officials who have jurisdiction to order their detention. Regarding the latter category, judicial review regarding any continued detention will take place before a judge 45 days from the date of the detention order.” Back on November 23, questioned repeatedly earlier in the morning about why he had been arrested and why no official announcement had gone out at that point, Israeli and IDF officials' responses alternated from surprise at the event to a promise that an announcement would go out soon.

However, even the 2:30 p.m. announcement on November 23 did not make any direct charges against the Shifa chief. Rather, the announcement said that he had been arrested and brought to the Shin Bet for interrogation after significant testimony and video evidence from others that Shifa had been used as a command center for Hamas during the director's tenure. The statement stated, "The terror group Hamas utilized many resources, including electricity in order to strengthen its tunnels which it built under the hospital. In addition, Hamas kept military items stored in the hospital and in its immediate surroundings." In addition, the statement read that after the October 7 Hamas mass terror attack on Israel's South, the terror group "used the hospital as a refuge for its terror forces and even brought Israeli hostages to there who were kidnapped during the day of slaughter. A pathology report confirmed that soldier Noa Marciano was murdered on the grounds of Shifa Hospital." Next, the statement said vaguely that, "a decision regarding his detention would be made in conjunction with the findings of the investigation regarding his involvement with the hospital's connection to terror." Salmiya faces allegations of “aiding the enemy during wartime and providing service to terror organizations,” the al-Quds news network reported. If true, Salmiya would still eventually need to be prosecuted in a special unlawful combatants proceeding or in Israeli civil or military courts. The US generally held unlawful combatants of al Qaeda after the September 11, 2001 attacks on the Twin Towers and the Pentagon only if they were battlefield arrests, not mere conspirators or those who had aided the terror group in logistics, as Salmiya may eventually be accused of. However, Israel’s law on unlawful combatants could be used more broadly. There was heavy global criticism of Abu Salmiya’s arrest when it was announced.

[lboogie1906]

Jurist Joseph Woodrow Hatchett (September 17, 1932 – April 30, 2021) was a lawyer and judge. He worked in private practice, was a US Circuit Judge of the US Court of Appeals for the Fifth Circuit and Eleventh Circuit, and served on the Florida Supreme Court.

He was born in Clearwater, Florida. He graduated from FAMU with a BA. He served in the Army as a lieutenant. He graduated from Howard University School of Law with a JD. He was a cooperating attorney for the NAACP Legal Defense Fund. He served in the Marine Corps Reserve as a lieutenant colonel and judge advocate. He was a consultant for the Daytona Beach Urban Renewal Department. He was an Assistant US Attorney for the Middle District of Florida. He was the First Assistant US Attorney. He was a special hearing officer for conscientious objectors in the Department of Justice.

Governor Askew appointed him to an associate justice seat on the Florida Supreme Court. Retained in office in the general election. He was the first African American to serve as a Florida Supreme Court Justice and the first retained on the Florida Supreme Court in a statewide election. He served as a Magistrate of the United States District Court for the Middle District of Florida before being appointed to the Florida Supreme Court.

He was nominated by President Jimmy Carter to the Court of Appeals for the Fifth Circuit. His service was terminated due to reassignment to the Eleventh Circuit. He was the first African American to serve on a Federal Appeals Court in the Deep South. He served as Chief Judge. He was a Member of the Judicial Conference of the US.

He held an honorary Doctor of Laws (LL.D.) from four institutions, including Florida Memorial College, Stetson Law School, Florida A&M University, and Howard University. An effort to honor him by renaming the United States Courthouse in Tallahassee after him. President Joe Biden signed the measure into law through the Bipartisan Safer Communities Act on June 25, 2022.

He was preceded in death by his wife Betty but is survived by their children, grandchildren, and great-grandchildren. #africanhistory365 #africanexcellence

[beardedmrbean]

Pavel Durov, the founder and chief of Telegram, was to appear in a French court Wednesday to face possible charges of failing to curb extremist and illegal content on the popular messaging app after his arrest at the weekend.

Russian-born Durov, 39, was arrested at Le Bourget airport outside Paris late Saturday.

After almost four days of questioning in detention by French investigators he was handed over to judicial authorities who will decide further measures, a source close to the case told AFP.

A Paris investigating magistrate will decide whether to press charges against Durov, and the judiciary would then rule on whether he will be remanded in custody or allowed to go free, possibly under judicial control with restrictions on his movements.

As part of a probe that was confidentially opened on July 8, Durov is being investigated on suspicion of 12 offences related to failing to curb extremist and criminal content on Telegram, sources close to the investigation have said.

The tech mogul founded Telegram as he was in the process of quitting his native Russia a decade ago. Its growth has been exponential, with the app now reporting over 900 million users.

An enigmatic figure who rarely speaks in public, Durov is a citizen of Russia, France and the United Arab Emirates, where Telegram is based.

Forbes magazine estimates his current fortune at $15.5 billion, though he proudly promotes the virtues of an ascetic life that includes ice baths and not drinking alcohol or coffee.

Numerous questions have been raised about the timing and circumstances of Durov's detention, with supporters seeing him as a freedom of speech champion and detractors as a menace who wilfully allowed Telegram to get out of control.

Le Monde newspaper reported Wednesday that Durov had met French President Emmanuel Macron on several occasions prior to receiving French nationality in 2021, via a special procedure reserved for those deemed to have made a special contribution to France.

The Wall Street Journal added that at one lunch in 2018, Macron -- who along with his team was in the past an avid user of Telegram -- had suggested it should be headquartered in Paris, but Durov refused.

The Canard Enchaine weekly newspaper said that when he was arrested Durov had claimed he was in Paris to dine with Macron, which the Elysee denied.

'In no way political'

In a post on X to address what he called "false information" concerning the case, Macron said Durov's arrest was "in no way a political decision" and it was "up to the judges to rule".

In Moscow, Kremlin spokesman Dmitry Peskov said the charges were very serious and thus needed "no less serious evidence".

"Otherwise this would be a direct attempt to restrict freedom of communication, and, I might even say, directly intimidate the head of a large company," he said.

The UAE meanwhile said it was "closely following the case" and had requested consular access for him.

Among those voicing support for Durov is fellow tech tycoon and chief executive of X, Elon Musk, who has posted comments under the hashtag #FreePavel.

Durov left Russia a decade ago as he was setting up Telegram amid an ownership squabble concerning his first project, the Russian social network VKontakte.

But his departure from Russia was reportedly not an abrupt exile: according to the Vazhnye Istorii news site, citing leaked border data, he visited the country more than 50 times between 2015 and 2021.

'Nothing to hide'

Durov, who has been based in Dubai in recent years, arrived in Paris from the Azerbaijani capital Baku and was planning to have dinner in the French capital, a source close to the case said.

France's OFMIN, an office tasked with preventing violence against minors, issued an arrest warrant for Durov in a preliminary investigation into alleged offences including fraud, drug trafficking, cyberbullying, organised crime and promotion of terrorism.

Telegram said in response that "Durov has nothing to hide and travels frequently in Europe".

Telegram has positioned itself as a "neutral" alternative to US-owned platforms, which have been criticised for their commercial exploitation of users' personal data.

It has also played a key role since Russia's invasion of Ukraine, used actively by politicians and commentators on both sides of the war.

But critics accuse it of hosting often illegal content ranging from extreme sexual imagery to disinformation and narcotics services.

[if-you-fan-a-fire]

"Like other Khoisan ex-convicts in Van Diemen’s Land, Witnalder had no means by which he could return home. He was destitute after being discharged from the convict system and became an object of ridicule to certain elements within the local populace. On 10 September 1862, he was before the bench on yet another charge of disturbing the peace. The Police Superintendent told the bench that Witnalder was ‘constantly insulted by idle boys’. Another witness, Mr Jones, said that he had seen Witnalder ‘insulted by mischievous boys’. Despite such evidence of bullying, the Stipendary Magistrate found the prisoner guilty and fined him 1 shilling. Superintendent Propsting took pity on the man and immediately paid the fine, kindly preventing Witnalder being returned to prison (from which he had only recently been released) for defaulting. Following a similar incident in early December 1862, Witnalder appeared before the bench to answer another charge of disturbing the peace. The ‘eccentric little Kaffir, well-known for his military peculiarities’ told the court that some boys had annoyed him thus causing the fracas. Provocation was not considered sufficient mitigation of his alleged crime. Witnalder was fined 10 shillings and costs, and was required to serve fourteen days in prison if he failed to come up with the money. Several weeks later, on 23 December 1862, Witnalder appeared before the Stipendary Magistrate AB Jones Esq, and Captain Bateman at the Police Court along with a 14-year-old boy, William (or Henry as his name was also reported) Collard. Both were charged with committing an ‘unnatural offence’ and were committed to face trial. The prisoners spent Christmas 1862 in gaol waiting to learn their respective fates. Witnalder and Collard (now referred to as Cornwall Collins) stood trial on Wednesday 28 January in the Supreme Court before the Chief Justice, Sir Valentine Fleming. In keeping with the sensibilities of the time, the newspapers reporting the case found the details to be ‘quite unfit for publication’. Nevertheless, the boy had legal representation and much was made in evidence over whether the boy’s mouth had been covered by Witnalder as the ‘unnatural offence’ (sodomy) was being committed. It was found that the boy had allegedly been silenced by the other prisoner, Witnalder, and was therefore a victim rather than a co-conspirator. The police constable was reprimanded for withholding this crucial evidence from the court. Collard was found not guilty, but retained in custody to bear witness against the older man. He was then sworn in, and tearfully gave evidence that he had been assaulted by Witnalder and had not consented to the man’s attentions. The boy’s ordeal in the stand lasted an hour, following which other witnesses were called. The jury retired for only ten minutes before returning a ‘guilty’ verdict. Witnalder once again faced the extreme penalty of the law.

On Thursday 5 February 1863, the Executive Council met and considered Witnalder’s case. It resolved that the death penalty would be carried into effect. Some members of the public expressed outrage (albeit muted because of the nature of the prisoner’s alleged offence). The local Hobart newspaper implored ‘the Councillors of the Governor with whom rests the prerogative of mercy, to weigh well all the circumstances’. A submission from an unnamed advocate was reprinted in the Mercury’s columns, comparing Witnalder’s predicament with Summers who after being convicted of sodomy in July 1862 had his death sentence commuted to transportation for life. Summers, the writer contended, had been in ‘full possession of his senses’. The injustice in upholding the death sentence upon Witnalder, a man ‘little better than a savage’ was made apparent: ‘Summers is surely more responsible than this half tamed brute. And as Summers was not hung, will not the sacrifice of Whitnalder’s [sic] life be a Judicial or rather an Executive Murder?’ The appeal failed, and several days later the Mercury reported that Summer’s case had ‘special circumstances’ which did not apply to Witnalder’s. The reading public was assured that despite the public deploring the application of the death penalty, the Executive had considered all facets of Witnalder’s case in minute detail before deciding to uphold his sentence. The under-sheriff visited Witnalder at the Hobart Town Gaol to read the warrant for his execution. While there, he found the Protestant prisoner mistakenly had been attended by the Roman Catholic clergy since being condemned. On Friday 20 February 1863, Witnalder was roused from his cell at three thirty to prepare for death. He was joined by the Reverend Mr Hunter, who guided him in prayer. By eight that morning, a small crowd comprising the under-sheriff, keeper and under-keeper of the gaol, eight police constables and their sub-inspector, and reporters from the daily newspapers had assembled at the gaol. The only other witness was a Mr Lowe from Victoria. Witnalder emerged from his cell in Hunter’s company, the prisoner’s arms pinioned at his sides. The prayerful men were followed by the executioner. Because of Witnalder’s diminutive size, heavy weights were attached to his feet so he would not suffer more than was necessary. Witnalder ‘saluted’ the onlookers with ‘an abrupt bow’, before the cap was drawn over his head, the noose adjusted, and the flooring removed from under his feet. He was said to have died easily, and had asked Hunter to tell those gathered that he was innocent of the crime for which he had suffered." - Kristyn Harman, Aboriginal Convicts: Australian, Khoisan and Māori Exiles. Sydney: University of New South Wales Press, 2012. p. 188-192.

[apothekosm]

Militaristic Might & Cultural Conversations

Small break from Apotheosis writing so I can break down details on what life is like in the Empire! (or what it SHOULD be like, once my people get their heads out of their asses and fucking listen to me!)

Under a big cut, cause its long as fuck.

GOVERNMENT!

Ruling the Skrull empire is an absolute monarch, called an emperor or empress. A leader that has absolute command over the Military Arm of Skrull Existence (arm is doing it a disservice, the military makes up about 80% of all Skrull existence).

Supreme command being what it is, there is still a dedicated amount of bureaucracy, delineation and 'buck-passing' that goes on beneath the One In Charge. These roles are highly regimented, and are uniformly followed across all worlds that exist within the Empire. They include, but aren't limited to:

Chancellor: Chiefs of Staff, given 'dominion' over clusters, acting as 'figureheads' and 'decision makers' whenever the Empress isn't around to cast the official decree herself.

Imperial Council: A 'council' comprised of each world's Chancellor, their chosen Prelates, & varied Priests, reporting directly to The Empress if & whenever she deems that a council must be convened.

War Council: A 'council' comprised of the High Generals & Military Leaders. Those who have proven themselves capable of waging war, and have shed hallowed blood in the name of the Skrull Empire. Simply being 'of high rank' does not qualify one for a seat on the War Council, it is a question of one's service and their ability that allows them access.

High Court: Collections of Judges, Magistrates, Barristers & Select Priests, that gather on the Throneworld in order to deal with judicial issues that affect the Empire as a whole. Each individual world has its own attempt at the Skrull court system, all of which are offshoots or variations of the High Court.

Governors: Individuals thats have dominion over individual worlds in the Empire. Tasked to Govern that world according to the will of their Empress.

Priests of the Mind: Telepathic Skrulls that serve the High Court. Present in every trial that takes place within the empire, in order to maintain the veracity of all sworn statements. While not POWERFUL telepaths (looking at some of you X-Men), they're plenty strong enough to scour the minds of the average Skrull.

Priests of the Sciences: Tech-Minded skrulls that serve the High Court. Intelligent beings that have long studied the technological advancements of 'lesser races', stripping them of their value and adding that value to the Empire as a whole.

Priests of the Magic: Similar to the Priests of the Sciences, Priests of the Magic are students of the arcane and act as Arcane Advisors to the high ranking members of the empire. Working in tandem with the Priests of the Sciences, and the Priests of the Mind, the Priests of the Magic are dedicated to both mystically enhancing the empire as a whole, as well as preventing any sort of magical assault on the Empire from foreign entities.

MILITARY!

The Skrull empire, even at its most disjointed, is a vast war machine. It consists of an imperial star fleet with thousands of warships and the requisite ground forces to staff & fill those warships.

The smallest Skrull warship is still fucking massive, the IWV Anelle (the smallest warship in the Skrull fleet, a personal battleship for Emperor Dorrek) is the size of Pluto in the Local Cluster of the Milky Way.

Despite their variation in size, ranging from miniscule to massive, each warship carries within it enough firepower to shatter entire worlds, and to eviscerate stars. Hidden DEEP in the annals of High Holy armories are weapons that have been forbidden from ever being used again. Weapons capable of wiping out entire species, as a whole, and overnight. These weapons are admonished across the empire, forbidden by verbal & written decree, and stricken from most official mandates. But they do exist. And the 'keys' to launch them are constantly being cut... Just in case.

Skrull forces are organized into various types of units including fleets, legions, and squadrons. Within the subdivisions of service, they have branches that are specialized, including the "Sci-Ops Division" (an equivalent would be AIM), the "Engineering Corps" (Stark Industries), and the "Observation Corps" (SHIELD). They also have super-soldiers, the Super-Skrulls which is a force that numbers in the thousands, and has unique and well hidden training facilities stationed around the universe at large.

Ana'Hira herself was raised & trained at one such training facility! She might've been a grand super-skrull if... ah. Never mind.

All Skrulls join the military when they are of age. (The age of enlistment on Skrull worlds is eight. Eight cycles around the sun, and you must serve.) Mandatory service lasts for four years, after which all children of the Empire are free to leave military service and resume their lives as civilians. Most who do serve only do so for the mandatory period and then peacefully transition out.

Training for the warriors is brutal in the Skrullian armed forces. A 'contemporary' example would be the Spartans of Ancient Greece. The weak perish at the hands of their betters, and only the strong graduate and earn their place in Skrull Societ.

Nobody is allowed to go AWOL (Absent without leave~), and those that do are pursued relentlessly across the Universe. When those who do go AWOL are caught, they are returned to the Throneworld to face the High Council and soon after, assuming their leave is considered unlawful, The Executioner.

The Skrullian way of war is one in which mercy is never shown and every shot must be for the kill. Honor is measured by a warrior's victories and not diminished by actions human society would consider 'unjust', like killing civilians & non-combatants all the same.

That being said, Skrull warriors are ruthless but they are not unnecessarily cruel. To them obliterating a population for obliteration's sake is both distasteful and pointless.

Skrull warriors carry within them a warrior's code, although not all Skrull soldiers adhere to that code of honor. It is not something that's drilled into each and every soldier, but something that the more venerated & respected instructors offer to their charges.

The Skrulls respect & have been known to honor enemies who have shown great feats of courage and valiant skills in battle, such as the great Kree warrior Mar-Vell. (R.I.P. Big Dog)

The more refined of the warriors are also acutely aware of the debts & draws they've accumulated over their lives. Honoring any debts & shows of respect they may receive, even if it means allowing a hated enemy to go free while surrounded by certain death.

SOCIETY!

At the top of Skrull society is the imperial sovereign ruler. It is a society in which the elite have titles of nobility, including Baron (or Baroness) and Count (or Countess). Skrullian society is divided into castes, including; the Scientist caste, the Warrior caste, and Worker caste.

Despite being a caste-based system, Slavery is NOT practiced in the Skrull empire! The ONLY time slavery was even mentioned in the same breath as the Chosen people was... (i'm sighing in real life right now, i swear to god) The Skrulls that exist on Kral IV. Absolutely OBSESSED with Terran Culture, they... they sort of... started kidnapping people from across the galaxy to force them to fight in gladitorial arenas for the amusement and entertainment of the gamblers & high rollers that came to the planet.

Kral IV got blown up in a Guardians comic a few years ago, so...

Now! Although the Skrulls are a war-bound race that practices rapid expansion across the universe, most Skrulls tend to live peaceful lives! Like humanity, and other sentient races in the universe, the Skrulls have ambition! They're a people that have the capacity to feel love and to feel hatred.

They are not just zealots frothing at the mouth for the opportunity to wage bloody war across the stars, they are a species with ups, downs and all. A complex species with a complex and multi-faceted history, no two Skrull worlds raise their children in the same fashion, even if they do try to raise their children to the same ideals.

[mariacallous]

Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has ruled, in a rejection of an attempt to overturn their acquittal.

Lord Justice Popplewell and Justice Fordham said no fault in law was made by a senior district judge last November in finding Ruth Wood, 52, and Radical Haslam, 30, not guilty of using threatening, abusive or insulting words or behaviour with intent.

In response to a request for a judicial review from the director of public prosecutions, the high court found that Judge Goldspring, who is also described as a chief magistrate, had made the important finding that “the use of Tory scum was to highlight the policies” of Duncan Smith, and that this was relevant to the “reasonableness of the conduct” in relation to the rights of freedom of expression and assembly.

There was nothing to undermine Goldspring’s conclusion that criminalising the words “Tory scum” would be a disproportionate interference in the two protesters’ rights, the high court ruled.

Tom Wainwright, a barrister at Garden Court Chambers representing Wood and Haslam, said the judgment represented an important defence of the right to freedom of expression.

He said: “Just the idea that someone can be convicted for saying this is bizarre in the first place. The director of public prosecutions was trying to put the burden on the defendants to show that they hadn’t crossed the line – the crucial question of when free speech crosses the line into something that is criminal.

“What this judgment confirms is that it is not for the defence to show that, but it is for the state to show that there is a good reason to restrict free speech and that a conviction is the only way that could be done.”

Wood and Haslam were outside the Midland hotel in Manchester, where the Conservative party annual conference was taking place in October 2021, when Duncan Smith, a former welfare secretary, emerged to walk to the Mercure hotel for a conference about Brexit. He was accompanied by his wife, Betsy Duncan Smith, and her friend Primrose Yorke.

As Duncan Smith crossed the road, an individual ran up behind him and placed a traffic cone on his head. The former Tory leader removed the traffic cone, called the protesters “pathetic” and continued on his way.

Haslam and Wood had followed Duncan Smith from a short distance. They separately called him “Tory scum”. Wood added:“Fuck off out of Manchester.”

Wood defended her comments on the grounds that her job working with homeless people in her local community meant she felt very strongly about the impact that Conservative party policies were having on people’s lives.

Haslam’s comments were made in a speech in which he cited child poverty homelessness, and a lack of action over the climate emergency as reasons “why people hate you, why people call you scum”. He added: “It doesn’t come out of nowhere. It comes from what you have done to ordinary people’s lives … shame on you, Tory scum.”

Neither of the protesters had been aware of or encouraged the act of putting a traffic cone on Duncan Smith’s head.

Their comments came after Labour’s deputy leader, Angela Rayner, had been recorded at her party’s conference describing the Conservatives as “homophobic, racist, misogynistic … scum”.

The high court ruled that the defence needed to set out the facts for a “reasonable conduct defence” in relation to the freedom of expression and assembly rights in the European convention on human rights, but that it had been up to the prosecution to demonstrate the proportionality of an interference with those rights, which it had not done.

[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

[thatstormygeek]

Hey, remember when the cops raided that newspaper editor's house and then his mom died the next day?

The number of legal guardrails authorities blew through Aug. 11 in their quest to seize computers and terrorize, intentionally or not, the publishers and staff of the Record should be of concern to anyone who cares about democracy. New reporting by KSHB-TV makes it clear that it wasn’t just local authorities who kicked federal and state protections in considering the execution of a search warrant on a newspaper, but that the state’s highest investigative agency, the Kansas Bureau of Investigation, knew about the impending raid — and did nothing to stop it.

Cody had left his role as a captain with the Kansas City, Missouri, police department under a cloud of scrutiny in April and took the job at Marion, a town of fewer than 2,000 in east central Kansas. In early October, after being suspended by the city council, Cody resigned as Marion police chief. Viar, the magistrate judge, was the target of a disciplinary complaint from a Topeka resident who was outraged Viar would sign off on the warrant. On Dec. 6, the Kansas Commission on Judicial Conduct said in a letter it had dismissed the complaint, saying there wasn’t evidence of “incompetence.”

[brookstonalmanac]

Events 2.1 (after 1960)

1960 – Four black students stage the first of the Greensboro sit-ins at a lunch counter in Greensboro, North Carolina. 1964 – The Beatles have their first number one hit in the United States with "I Want to Hold Your Hand". 1968 – Vietnam War: The execution of Viet Cong officer Nguyễn Văn Lém by South Vietnamese National Police Chief Nguyễn Ngọc Loan is recorded on motion picture film, as well as in an iconic still photograph taken by Eddie Adams. 1968 – Canada's three military services, the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force, are unified into the Canadian Forces. 1968 – The New York Central Railroad and the Pennsylvania Railroad are merged to form Penn Central Transportation. 1972 – Kuala Lumpur becomes a city by a royal charter granted by the Yang di-Pertuan Agong of Malaysia. 1974 – A fire in the 25-story Joelma Building in São Paulo, Brazil kills 189 and injures 293. 1979 – Iranian Ayatollah Ruhollah Khomeini returns to Tehran after nearly 15 years of exile. 1981 – The Underarm bowling incident of 1981 occurred when Trevor Chappell bowls underarm on the final delivery of a game between Australia and New Zealand at the Melbourne Cricket Ground (MCG). 1991 – A runway collision between USAir Flight 1493 and SkyWest Flight 5569 at Los Angeles International Airport results in the deaths of 34 people, and injuries to 30 others. 1991 – A magnitude 6.8 earthquake strikes the Hindu Kush region, killing at least 848 people in Afghanistan, Pakistan and present-day Tajikistan. 1992 – The Chief Judicial Magistrate of Bhopal court declares Warren Anderson, ex-CEO of Union Carbide, a fugitive under Indian law for failing to appear in the Bhopal disaster case. 1996 – The Communications Decency Act is passed by the U.S. Congress. 1998 – Rear Admiral Lillian E. Fishburne becomes the first female African American to be promoted to rear admiral. 2002 – Daniel Pearl, American journalist and South Asia Bureau Chief of The Wall Street Journal, kidnapped on January 23, is beheaded and mutilated by his captors. 2003 – Space Shuttle Columbia disintegrated during the reentry of mission STS-107 into the Earth's atmosphere, killing all seven astronauts aboard. 2004 – Hajj pilgrimage stampede: In a stampede at the Hajj pilgrimage in Saudi Arabia, 251 people are trampled to death and 244 injured. 2004 – Double suicide attack in Erbil on the offices of Iraqi Kurdish political parties by members of Jama'at al-Tawhid wal-Jihad. 2005 – King Gyanendra of Nepal carries out a coup d'état to capture the democracy, becoming Chairman of the Councils of ministers. 2007 – The National Weather Service in the United States switches from the Fujita scale to the new Enhanced Fujita scale to measure the intensity and strength of tornadoes. 2009 – The first cabinet of Jóhanna Sigurðardóttir was formed in Iceland, making her the country's first female prime minister and the world's first openly gay head of government. 2012 – Seventy-four people are killed and over 500 injured as a result of clashes between fans of Egyptian football teams Al Masry and Al Ahly in the city of Port Said. 2013 – The Shard, the sixth-tallest building in Europe, opens its viewing gallery to the public. 2021 – A coup d'état in Myanmar removes Aung San Suu Kyi from power and restores military rule. 2022 – Five-year-old Moroccan boy Rayan Aourram falls into a 32-meter (105 feet) deep well in Ighran village in Tamorot commune, Chefchaouen Province, Morocco, but dies four days later, before rescue workers reached him.

[lboogie1906]

Judge Clarence Cuthpert, Jr. was appointed as the State Court Judge of Rockdale County by Governor Brian Kemp on February 1, 2021. Before serving as Chief State Court Judge, he was elected as Probate Judge in 2016 and re-elected in 2020. As a practicing attorney for 20 years, he practiced law throughout the State of Georgia before serving in the judiciary.

He received his BS from Savannah State University, MPA from Georgia Southern University, and JD from Nova Southeastern University. He is admitted to the US Court of Appeals, 11th Circuit; U.S. District Court for the Northern, Middle, and Southern Districts, Georgia; Supreme Court of Georgia, Georgia Court of Appeals; Superior and State Courts of Georgia; and is a registered Mediator and Arbitrator through the Georgia Office of Dispute Resolution.

In April 2020, he was appointed by the Supreme Court of Georgia to the Commission on Dispute Resolution as the first-ever probate judge to serve on the Commission. In March 2018, he was appointed as the representative for the Probate Courts on the Judicial Council’s Standing Committee on Access to Justice. The Committee is Chaired by Georgia Supreme Court Justice Charles J. Bethel. Committee members include representatives from the Court of Appeals of the State of Georgia, Superior, State, Magistrate, and Probate Courts, and several legal organizations. The Committee’s mission is to improve the public’s trust in the judicial branch by promoting meaningful and effective access to courts and fairness for all. He is a member of the Council of State Court Judges of Georgia, American Bar Association, Rockdale Bar Association, Gate City Bar Association, and NewRock Legal Society. #africanhistory365 #africanexcellence

[odnewsin]

Chhattisgarh journalist Mukesh Chandrakar murder: Accused sent in 14-day judicial custody

Bijapur: A court in Chhattisgarh’s Bijapur district Wednesday remanded four accused arrested in the murder case of journalist Mukesh Chandrakar in 14-day judicial custody. Construction contractor Suresh Chandrakar, his brothers Ritesh and Dinesh Chandrakar, and Mahendra Ramteke were produced before the Chief Judicial Magistrate. Mukesh Chandrakar (33), a free lance journalist and YouTuber, went…

[news365timesindia]

[ad_1] GG News Bureau Sambhal, Uttar Pradesh, 1st December. A three-member judicial inquiry commission, headed by retired Allahabad High Court judge Justice Devendra Kumar Arora, arrived in Sambhal to investigate the violent clashes that erupted over a court-ordered survey of the Shahi Jama Masjid, a Mughal-era mosque. The violence, which occurred on November 24, claimed five lives and raised serious questions about the circumstances surrounding the incident. The commission, which includes retired IAS officer Amit Mohan Prasad and retired IPS officer Arvind Kumar Jain, inspected the site alongside Sambhal’s District Magistrate and Superintendent of Police. The panel is tasked with determining whether the violence was premeditated or a spontaneous outburst and will probe the roles of individuals and groups involved. The judicial panel will evaluate the preparations made by the district administration and police to maintain law and order during the contentious survey. It will also examine the events leading up to the clashes, including the police’s use of force on protesters who opposed the mosque survey. The commission will submit its findings within two months and provide recommendations to prevent such incidents in the future. Tensions in Sambhal had been escalating since November 19, when a court-ordered survey of the Shahi Jama Masjid was initiated following claims that the mosque was built in 1526 by Mughal emperor Babar after demolishing a Harihar temple at the site. Violence erupted on November 24 as protesters clashed with security forces, leading to stone pelting, arson, and casualties. The Supreme Court intervened on Friday, directing the trial court in Sambhal to halt the mosque survey proceedings until the Shahi Idgah Committee of the Jama Masjid approaches the High Court. The court also ordered that the survey report be sealed and kept confidential for the time being. The incident has sparked a political controversy, with the Sambhal administration prohibiting outsiders from entering the district until December 10 to maintain order. This restriction drew criticism from the Samajwadi Party, whose 15-member delegation, including senior leaders, was detained while en route to Sambhal. Party chief Akhilesh Yadav condemned the move, accusing the administration of suppressing dissent. The Supreme Court has listed the Shahi Idgah Committee’s petition before the High Court for expedited hearing within three working days and scheduled its own review of the case in January 2025. The Sambhal clashes have reignited debates on historical religious sites and their contested claims, underscoring the need for judicial prudence and effective administrative measures to prevent communal unrest. As the inquiry commission conducts its investigation, all eyes are on its findings and recommendations, which may shape the future handling of such sensitive issues in the country.   The post Judicial Inquiry Commission Begins Investigation into Sambhal Mosque Clashes appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link

[news365times]

[ad_1] GG News Bureau Sambhal, Uttar Pradesh, 1st December. A three-member judicial inquiry commission, headed by retired Allahabad High Court judge Justice Devendra Kumar Arora, arrived in Sambhal to investigate the violent clashes that erupted over a court-ordered survey of the Shahi Jama Masjid, a Mughal-era mosque. The violence, which occurred on November 24, claimed five lives and raised serious questions about the circumstances surrounding the incident. The commission, which includes retired IAS officer Amit Mohan Prasad and retired IPS officer Arvind Kumar Jain, inspected the site alongside Sambhal’s District Magistrate and Superintendent of Police. The panel is tasked with determining whether the violence was premeditated or a spontaneous outburst and will probe the roles of individuals and groups involved. The judicial panel will evaluate the preparations made by the district administration and police to maintain law and order during the contentious survey. It will also examine the events leading up to the clashes, including the police’s use of force on protesters who opposed the mosque survey. The commission will submit its findings within two months and provide recommendations to prevent such incidents in the future. Tensions in Sambhal had been escalating since November 19, when a court-ordered survey of the Shahi Jama Masjid was initiated following claims that the mosque was built in 1526 by Mughal emperor Babar after demolishing a Harihar temple at the site. Violence erupted on November 24 as protesters clashed with security forces, leading to stone pelting, arson, and casualties. The Supreme Court intervened on Friday, directing the trial court in Sambhal to halt the mosque survey proceedings until the Shahi Idgah Committee of the Jama Masjid approaches the High Court. The court also ordered that the survey report be sealed and kept confidential for the time being. The incident has sparked a political controversy, with the Sambhal administration prohibiting outsiders from entering the district until December 10 to maintain order. This restriction drew criticism from the Samajwadi Party, whose 15-member delegation, including senior leaders, was detained while en route to Sambhal. Party chief Akhilesh Yadav condemned the move, accusing the administration of suppressing dissent. The Supreme Court has listed the Shahi Idgah Committee’s petition before the High Court for expedited hearing within three working days and scheduled its own review of the case in January 2025. The Sambhal clashes have reignited debates on historical religious sites and their contested claims, underscoring the need for judicial prudence and effective administrative measures to prevent communal unrest. As the inquiry commission conducts its investigation, all eyes are on its findings and recommendations, which may shape the future handling of such sensitive issues in the country.   The post Judicial Inquiry Commission Begins Investigation into Sambhal Mosque Clashes appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link