Habeas Corpus – Right to Autonomy – Petitioner parents sought custody of their adult daughter (Ms. X), claiming psychological issues and illegal detention by the 5^th respondent – High Court, after interaction, found Ms. X to be of sound mind, having made an informed choice to live with her partner – Petition dismissed, respecting the right to autonomy and personal liberty under Article 21 of the Constitution [Paras 1-13].

LGBTQ+ Rights – Familial Rejection – High Court emphasized the significance of recognizing chosen families for LGBTQ+ individuals, highlighting the potential violence and lack of safety from natal families – Court upheld Ms. X’s right to live with her chosen partner, rejecting assumptions based on erroneous psychological assessments [Paras 7-10].

Right to Privacy – Constitutional Protection – Reinforced that sexual orientation is integral to personal identity and privacy – Cited Navtej Singh Johar v. Union of India, affirming that decisional autonomy is a core part of the right to privacy under Articles 14, 15, and 21 [Paras 10-11].

Directive for Document Handover – Petitioners directed to submit Ms. X’s educational certificates and personal IDs to the police for safe transfer to her, ensuring her ability to seek employment and independence – Emphasized no threats or violence to be allowed against Ms. X [Paras 12-13].

Decision:

Writ Petition dismissed – Petitioners directed to hand over all personal documents of Ms. X to the police – High Court reiterated the importance of acceptance and support from families towards LGBTQ+ individuals.

Writ of Mandamus – Regularization of Employment – Petitioners sought declaration as regular employees of the Irrigation Department – Challenge against rejection of regularization claims – Held, petitioners employed by a private contractor (M/s. Gammon India Limited) and not directly by the government – Absorption into departmental rolls for wage payment during a strike does not constitute regularization – Petitioners’ claims unsupported by evidence of absorption or precedent – Petition dismissed [Paras 1-20].

Regularization – Employment by Private Contractor – Petitioners, originally hired by a private contractor for a government project, claimed absorption in the Irrigation Department – Government argued petitioners were only temporarily added to rolls to mitigate a strike threat – Supreme Court and High Court precedents cited against regularization of contractor employees as government employees [Paras 8-17].

Employment Law – Article 226 – Scope of Writ of Mandamus – Court emphasized writ jurisdiction to enforce lawful public duties – Petitioners failed to demonstrate entitlement to regularization under constitutional or statutory law – Past litigation and Supreme Court directions considered – Claims held without merit [Paras 13-20].

Decision – Writ Petition Dismissed – Held – Petitioners not entitled to regularization as employees of the Irrigation Department – No costs awarded – Miscellaneous applications, if any, also dismissed [Paras 20].

Entertainment Duty – Definition and Scope – Petitioner organized APSARA award function, argued it did not fall under “entertainment” as per Maharashtra Entertainments Duty Act – Court held the function included performances and thus fell within definition of “entertainment” [Paras 10-12].

Sponsorship as Payment for Admission – Reliance Communications sponsored the event, petitioner claimed it did not constitute “payment for admission” – Court held sponsorship amounted to payment for admission under Section 2(b)(viii), making duty applicable [Paras 15-16].

Legislative Intent – Definition of “Award Function” added in 2010 for concessional duty rate – Court concluded earlier functions also fell within “entertainment” definition, purpose of amendment was rate reduction not exclusion [Paras 12-14].

Penalty and Fine – Original and appellate orders imposing penalty lacked proper reference to specific statutory provisions – Court held imposition of penalty was unjustified and deleted it [Paras 21-22].

Decision – Petition partly allowed – Entertainment duty upheld, penalty deleted – Impugned order modified accordingly [Paras 23-24].

Constitutional Law – Reservation Policy – Affirmative Action – The High Court of Patna examined the constitutionality of the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023, which enhanced reservation in Bihar to 65% based on a Caste Survey. The High Court held that the amendments breached the 50% limit on reservations established by the Supreme Court in Indra Sawhney v. Union of India, (1992) Supp (3) SCC 217, and affirmed by subsequent judgments. The Court found no extenuating circumstances to justify the breach and deemed the amendments unconstitutional [Paras 1-84].

Reservations – Adequate vs. Proportionate Representation – The High Court emphasized that Articles 15(4) and 16(4) of the Constitution provide for adequate representation, not proportionate representation. The Court reiterated that the principle of adequate representation does not equate to proportional representation and that any breach of the 50% reservation ceiling must be justified by exceptional circumstances, such as those inherent in far-flung and remote areas, which were not demonstrated in the present case [Paras 42-43, 67-70, 84].

Evidence Evaluation – The Court scrutinized the Caste Survey conducted by the State of Bihar, finding that it lacked an in-depth analysis and was based merely on proportional population data. The Court concluded that the State's enhancement of reservation percentages was not supported by a rational and scientific analysis of the collected data and did not consider factors like economic and social advancement of certain communities within the backward classes [Paras 61-73].

Decision – The High Court set aside the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Caste, Scheduled Tribes and Other Backward Classes) Amendment Act, 2023, and the Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023, as ultra vires the Constitution and violative of the equality clause under Articles 14, 15, and 16. The writ petitions challenging the amendments were allowed [Para 84].

Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material – Section 37 of NDPS Act discussed, emphasizing that mere filing of charge-sheet is not sufficient ground for bail – Bail order set aside – Respondent directed to surrender [Paras 1-13].

Section 37 NDPS Act – Bail limitations – Requirement for Public Prosecutor to oppose bail and court to be satisfied of non-guilt and no likelihood of reoffending – Emphasized that bail under NDPS Act is an exception, not the rule – Court not to conclude guilt or innocence at bail stage but focus on reasonable grounds [Paras 8-10].

Decision – Application allowed – Bail order by Special Judge set aside – Respondent to surrender, failing which arrest to be ensured – Bail bond cancelled – Court mandates adherence to stringent criteria for bail under NDPS Act [Paras 11-13].

Environmental Law – Public Interest Litigation – Metro Rail Project – Petition filed by a citizen action group to halt the construction of a metro station near the Victoria Memorial and the Maidan area, citing environmental concerns – The petitioners contended the project would result in the uprooting of approximately 700 trees, with severe ecological impacts – The petitioners also requested a review of the project by independent experts and proposed alternate solutions [Paras 1-5].

Right to Information – Petitioners’ Inquiry – Petitioners filed multiple RTI applications seeking details of tree uprooting, transplantation spots, and permissions taken for the project – Alleged lack of response from Metro Rail – Petitioners argued that the term “transplant” was misleading and actual tree felling was likely to occur, contravening environmental regulations [Paras 2-4, 11].

Metro Rail’s Position – Opposition Filed – Metro Rail opposed the petition, arguing the petitioner had suppressed material facts and provided misleading information – Affirmed that construction had not begun and proper permissions were being sought – Stressed that the project was altered to minimize environmental impact, shifting from elevated to underground construction [Paras 6-12].

Judicial Precedents – Referenced Cases – The court referenced several cases emphasizing the need for balance between environmental protection and developmental needs – Referred to Supreme Court rulings on similar conflicts involving public infrastructure projects and environmental concerns [Paras 24-29].

Decision – Writ Petition Dismissed – Court found that requisite permissions for tree transplantation/felling had been obtained and the project complied with environmental regulations – Emphasized the importance of balancing public infrastructure needs with ecological preservation – Rejected petitioner’s plea to alter project alignment or method of construction [Paras 30-42].

Tenancy Law – Decree of Eviction – Original lease deed not marked as exhibit – Certified copy challenged – Appellant argued for applicability of West Bengal Premises Tenancy Act, 1997 – Appellate court upheld the trial court’s judgment dismissing appeal – No notice of renewal issued by appellant – Acceptance of rent post-lease expiry did not imply assent to continued tenancy [Paras 1-19].

Admissibility of Evidence – Certified Copy of Lease Deed – Appellant custodian of original lease deed – Certified copy authenticated by appellant’s officer admitted in evidence – No objection during trial – No prejudice caused to appellant – Admission of facts by appellant negates challenge [Paras 10-12].

Renewal of Lease – Clause 14 of Lease Deed – Requirement of notice for renewal – No notice given by appellant – Lease expired – Appellant’s failure to follow procedure – No illegality in eviction decree [Paras 14-16].

Applicability of West Bengal Premises Tenancy Act, 1997 – Rent exceeding Rs. 10,000/- per month – Act not applicable – Tenant at sufferance [Paras 5, 17].

Arbitration Clause – Waiver by parties – No objection to suit without arbitration – Appellant's inaction implies waiver [Para 18].

Decision: Appeal dismissed – Decree of eviction affirmed – No costs awarded – Urgent Photostat certified copies to be provided on compliance [Paras 19-20].

Rejection of Plaint – Limitation and Court Fees – Appeal challenging rejection of plaint on the basis of being barred by limitation and inadequately stamped – Plaintiff executed sale deeds under misrepresentation – Claimed sale deeds intended as security for a loan, to be re-conveyed upon repayment – Defendant argued the suit barred by Article 59 of the Limitation Act, three-year period from sale execution – High Court emphasized meaningful reading of the plaint, found the limitation period began from alleged fraud discovery, not sale date – Undervaluation of relief addressed at trial, not ground for initial rejection [Paras 1-21].
Order VII Rule 11 CPC – Interpretation – Pleadings in plaint alone to determine cause of action and limitation – High Court stressed the necessity of examining whether facts in the plaint constitute cause of action – Observed that limitations and adequacy of court fees are mixed questions of fact and law, inappropriate for summary rejection at initial stage [Paras 12-20].
Decision – Appeal Allowed – High Court set aside trial court’s order rejecting the plaint – Suit restored for trial on merits – Directed trial court to dispose of the suit without influence from prior observations – Emphasized that detailed scrutiny of pleadings should await trial, not preempted by procedural technicalities [Para 21].
 

Criminal Law – Circumstantial Evidence – Conviction and Sentencing – Appellant convicted for the murder of his father and nephew and for destruction of evidence – Acquittal of co-accused (appellant’s mother) due to lack of evidence – Conviction based on circumstantial evidence found unreliable – Trial Court’s judgment set aside due to lack of conclusive proof and inconsistencies in witness testimonies [Paras 1-15].

Witness Testimony – Reliability – Witnesses PW1 (daughter of deceased and mother of another deceased) and PW2 (neighbor) – PW1 turned hostile, not supporting prosecution’s case – PW2’s testimony on motive found insufficient – Inconsistencies and delays in statements of key witnesses (PW8, PW9, PW10) undermined their reliability [Paras 8-10].

Motive – Insufficient Proof – Prosecution failed to establish motive convincingly – PW1’s hostility and PW2’s uncertain testimony did not support the alleged property dispute as motive – Document (Ex.P15) did not establish motive for murder [Paras 7-8].

Discovery of Evidence – Doubtful Credibility – Gunny bags containing deceased’s bodies allegedly discovered based on appellant’s confession – Inconsistencies in timing and involvement of police and witnesses (PW11, PW15, PW17, PW18) cast doubt on discovery’s credibility – No conclusive evidence that discovery was based on appellant’s information [Paras 11-12].

Defense of Alibi – Appellant’s Claim – Appellant and acquitted co-accused (A2) claimed to be in Thiruvannamalai at the time of the incident – Appellant’s claim not disproved by prosecution – DW1’s (A2’s) testimony supported appellant’s alibi, creating reasonable doubt [Para 13].

Decision: Appeal Allowed – Conviction and sentences imposed on the appellant in S.C.No.32 of 2017 dated 12.12.2019 set aside – Appellant acquitted of all charges – Ordered immediate release unless required in connection with any other case – Refund of fine amount, if paid – Bail bond discharged [Para 15].