Case BriefsHigh Courts

Madhya Pradesh High Court: Anand Pathak, J., while granting bail and directing to adhere bail conditions added a condition with regard to  “digital detoxification” wherein the applicant needs to stay away from Facebook and Whatsapp for 2 months.

Applicant filed the first application under Section 439 CrPC for grant of bail for the offence punishable under Sections 323, 294, 506/34, 327 and 329 of Penal Code, 1860.

Applicant’s Counsel submitted that a false case had been registered against him due to which he has been suffering confinement.

Further, he added that in these times of pandemic, his case is sympathetically considered. Even otherwise he learned the lesson hard way and would mend his way and would become a better citizen.

Confinement amounts to pretrial detention and further he undertakes to abide by all the terms and conditions of guidelines, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 pandemic. He also adds that the applicant intends to perform community service.

Court in view of the present times and on considering the peculiar fact situation stated that the applicant deserves to be released on bail.

Hence on furnishing a personal bond of Rs 50,000 along with one solvent surety of like amount, the applicant will be released and adding to the same he will have to install Arogya Setu App.

Jail authorities are directed to conduct his preliminary cronoa virus test.

After release, Court further directed the applicant to strictly follow all the instructions which may be issued by the Central Govt./State Govt. or Local Administration for combating the Covid-19.

Compliance of the following conditions by applicant is required:

  • Applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer.
  • applicant shall not commit an offence similar to the offence of which he is accused
  • applicant will not be a source of embarrassment or harassment to the complainant party in any manner and applicant will not seek unnecessary adjournments during the trial
  • applicant will not leave India without previous permission of the trial Court/Investigating Officer
  • Applicant shall not move in the proximity of the complainant and would always cooperate in the trial. He would not tamper the evidence and witnesses of the case.
  • Applicant shall remove himself from the WhatsApp and Facebook group and other Social Media groups for next two months and would not be present on any social media platform at all for two months for digital detoxification for personal reasons or for other reasons.
  • Every month applicant shall have to submit report about his digital detoxification at the police station concerned.

In view of the above, the application was disposed of. [Harendra Tyagi v. State of M.P., 2020 SCC OnLine MP 1684, decided on 04-08-2020]

COVID 19Hot Off The PressNews

Guidelines for domestic travel (air/train/inter-state bus travel)

1) Dos and Don’ts shall be provided along with tickets to the travellers by the agencies concerned.

2) All passengers shall be advised to download Arogya Setu app on their mobile devices.

3) Suitable announcement about COVID-19 including precautionary measures to be followed shall be made at airports/railway station/bus terminals and in flights/trains/bus.

4) The States/UTs shall ensure that all passengers shall undergo thermal screening at the point of departure and only asymptomatic passengers are allowed to board the flight/train/bus.

5) During boarding and travel, all passengers shall use face covers/mask. They will also follow hand hygiene, respiratory hygiene and maintain environmental hygiene.

6) At airports/railway stations/ bus terminals required measures to ensure social distancing shall be taken.

7) Airports/railway stations/bus terminals should be regularly sanitized/disinfected and availability of soaps and sanitizers shall be ensured.

8) Thermal screening at exit point shall be arranged.

9) Asymptomatic passengers will be permitted to go with the advice that they shall self-monitor their health for 14 days. In case, they develop any symptoms, they shall inform the district surveillance officer or the state/national call center (1075).

10) Those found symptomatic will be isolated and taken to the nearest health facility. They will be assessed for clinical severity at the health facility.

11) Those having moderate or severe symptoms will be admitted to dedicated COVID Health facilities and managed accordingly.

12) Those having mild symptoms will be given the option of home isolation or isolated in the Covid Care Centre (both public & private facilities) as appropriate and tested as per ICMR protocol available at https://www.mohfw.gov.in/pdf/Revisedtestingguidelines.pdf.

If positive, they will continue in COVID Care Centre and will be managed as per clinical protocol.

If negative, the passenger may be allowed to go home, isolate himself/herself and self monitor his/her health for further 7 days. In case, any symptoms develop they shall inform the district surveillance officer or the state/national call center (1075).

NOTE: States can also develop their own protocol with regards to quarantine and isolation as per their assessment.


Ministry of Health and Family Welfare

[Press Release dt. 24-05-2020]

COVID 19Hot Off The PressNews

For Courts in State of Maharashtra, State of Goa and UT of Dadra and nagar Haveli & Daman and Diu 

In continuation with earlier circulars issued from time to time by the High Court, the Chief Justice and Judges of Administrative Committee have issued the following directions that –

A. The Courts shall function as they are functioning presently i.e. taking up remand work and extremely urgent matters as per guidelines issued in circular dated 16.04.2020 until further orders.

B. The Annual General Transfer of this year is kept in abeyance till April, 2021.

The COVID-19 pandemic requires precautions to be taken by everyone during lockdown and accordingly, it shall be necessary while entering the Court Complex, to take the following precautions in the interest and safety of everyone: –

1. It is advisable for all Advocates, Litigants and members of staff to install the Arogya Setu app on their mobile phones.

2. Identity proofs of Advocates and litigants shall be asked for at the entry point of the Court Complex.

3. A register be maintained at the entry point of the court complex and names of the entrants be recorded in the said register, after verifying due identification.

4. No person shall be permitted to enter the premises of Courts without wearing a mask.

5. Anyone showing signs or symptoms of COVID-19, after his apparent screening, shall not be allowed to enter or remain in the Court rooms. To meet any exigencies, pursuant to anyone found with COVID-19 symptoms, an isolation room shall be earmarked to isolate the said person and undertake the further course of action vis a vis further treatment at Hospital.

6. At the entry point / gates of the Court Complex keep liquid soap and water for hand wash. At the entrance of each Court hall, as far as possible make provision of hand sanitizer.

7. Necessary social distancing shall be maintained during the transaction of the Court business. Wherever there is a provision of lift, it should be ensured that not more than fifty percent of the capacity allowed at a time. As far as possible, the members of the Staff, Advocates and Litigants who are young and not differently abled should be encouraged to make use of stairs for their own safety.

8. The Advocates and Litigants shall be advised to follow strict social distancing while accessing any department of Courts.

9. The Departments shall endeavor to allot a time slot to address any query on the part of Advocates and Litigants and adhere the time slot in consonance with the social distancing mechanism.

10. The Judges and the members of the staff, in the unlikely event of having any symptoms of COVID-19, are requested to immediately report the same to the Medical Center and also the Principal District Judge / Principal Judge and District Registry. Same request is also made to the High Court employees who shall report to the concerned Registrar of their Department.

To access the official Circular, please click on the below link:

CIRCULAR


Bombay High Court

[Circular dt. 04-05-2020]

COVID 19Hot Off The PressNews

Aarogya Setu, a mobile application, has been developed by the Government of India to connect the people of India with essential health services to collectively fight against pandemic (Covid-19) outbreak.

The mobile application is aimed at augmenting the initiatives of the Government of India, particularly the Department of Health, in proactively reaching out to and informing the users of the application regarding risks, best practices and relevant advisories pertaining to the containment of COVID-19. It also helps significantly in contact-tracing and curbing the spread of Covid-19.

Considering the benefits and advantage of Aarogya Setu mobile application, all the officers/officials of this Court are requested to download, install and use the same.


Delhi High Court

[Office Order dt. 13-04-2020]