Sign in

?Court can?t interfere with policy decision?

THE ALLAHABAD High Court has held that the court cannot interfere with the policy decision of the government. The court ruled that it was the ultimate analysis of the government, who took the decision to sanction grant to one particular institution. The court cannot sit like a first appellate court and re-assess the facts and reach its own decision or substitute the same for government decision, the court observed.

Published on: Aug 30, 2006, 24:41:00 IST
None | By , Allahabad
Share
Share via
  • facebook
  • twitter
  • linkedin
  • whatsapp
Copy link
  • copy link

THE ALLAHABAD High Court has held that the court cannot interfere with the policy decision of the government. The court ruled that it was the ultimate analysis of the government, who took the decision to sanction grant to one particular institution. The court cannot sit like a first appellate court and re-assess the facts and reach its own decision or substitute the same for government decision, the court observed.

HT Image
HT Image

The court dismissed a Special Appeal filed by the management committee of Narangi Devi Girls Intermediate College, Sultangarh, Badaun, through manager Bhagwan Singh and one more person.

This verdict was given by a division bench comprising Chief Justice AN Ray and Justice Ashok Bhushan after hearing the appellants’ counsel DK Dwivedi and Chief Standing Counsel (II) Vijendra Singh, who represented the State government.

The appellant had challenged the order dated July 21, passed by a Single Judge, whereby the claim of the appellant institution for receiving a grant of Rs 20 lakh for supporting and furthering a girls institution was rejected. The government had granted Rs 20 lakh to Hari Baba Kanya Intermediate College, Ghosli Raja, Badaun, through its manager Sri Ram Babu Yadav.

The appellants’ counsel argued that the fund was allotted in favour of another institution under political pressure.

Lawyer gets four-month jail term

THE Allahabad High Court has awarded four months’ simple imprisonment to Mainpuri district court lawyer Chandra Prakash Singh under the Contempt of Court Act.

The court also directed him to pay a fine of Rs 2000. If he fails to pay the fine, the lawyer shall suffer a month’s further imprisonment, the court directed.
A Division Bench, comprising Justice Imtiyaz Murtaza and Justice Ravindra Singh, convicted the lawyer on a reference made by the Mainpuri district judge for taking action against the guilty lawyer.

However, the court ordered that the punishment imposed shall be kept in abeyance for a period of 60 days to enable the convicted lawyer to approach the Supreme Court, if so advised.

The allegation against the guilty lawyer was that he pressured the chief judicial magistrate, Mainpuri, to pass an order in his favour under section 156 (3) of Criminal Procedure Code. When the CJM did not follow his dictates, he started abusing the court.

Bail plea rejected

The Allahabad High Court has rejected a bail application filed by former Allahabad University Students’ Union vice-president Manoj Kumar Singh.
Singh was accused of killing one Kamlesh Kumar Yadav, a candidate for the post of secretary of the Allahabad University Students’ Union.

During the election, Manoj was a candidate for the post of president.
Passing this order, Justice SS Kulshrestha observed, “The allegation made…and the materials elicited in the course of investigation make out the involvement of the accused applicant in the aforesaid incident.”

Manoj had allegedly shot dead Kamlesh Kumar Yadav on November 24, 2005, just after the polling for the Allahabad University Students’ Union election in the Chota Baghara area, under Colonelganj police station here.

An election-related dispute was alleged be the motive for the murder.
This incident had rocked the city. Students went on the rampage and indulged in violence after the killing.

Check India news real-time updates, latest news on Hindustan Times and more across India.