Legal Cases

Legal Cases #21: The court needs to be satisfied, Kerala High Court, Durga Puja pandals in West Bengal

The court needs to be satisfied with all pieces of evidence, not just that it’s a serious crime, says Kerala High court

The severity of the crime cannot be taken as a factor to uphold the sentence unless a court’s conscience is fulfilled, the High Court of Kerala said, while setting aside five BJP party workers involved in the murder of two people out of a political feud.

The prosecution case relied mainly on the death of one of the deceased Raveendran, and all the witnesses questioned were natural witnesses and there is no need at all for intervention in the conviction and the judgment of the Court.

In this case, the Court found a criminal conspiracy, and two of those charged were convicted by the trial court. The Court found the prosecution in this case. After 15 days of the incident, two eyewitnesses (PW3 and 4) quoted by the prosecutor have also been questioned. The investigating officer’s reason for the delay is that they have been interviewed and not revealed to anyone in the normal course, among other witnesses.

If the court’s conscience has been persuaded by the material brought by the investigating agency that the accused is the one who perpetrated the horrendous offense, the severity of the offense alone cannot be considered to uphold the conviction. Wherever there is a reasonable doubt, the accused should benefit from it. In considering the many facts and circumstances, as well as the evidence, is given above, the prosecution did not prove the case unreasonably, and thus the appellants / accused Nos. 1 to 3, 5, and 7 were entitled to benefit of the doubt.

Kerala High Court dismisses government challenge to Adani getting right to develop state capital’s airport

The high court of Kerala dismissed the petition from the State Government challenging the decision by the Central Government to lease the Thiruvananthapuram International Airport operational, management and growth rights to Adani Enterprises Limited.

The plea was based on the proposal for the removal of the Cabinet of the Union by an all-party meeting within the State.

The Government of Kerala rejected the proposal to privatise the airport in 2019. It was only established after the State High Court rejected the state petition by the Kerala State Industrial Development Corporation. The State then brought it to the Supreme Court, after which the Court remitted the matter for a merit ruling.

Durga Puja pandals in West Bengal to be declared no-entry zones orders Calcutta High Court; only select organizers can enter

The Calcutta High Court recently ordered the declaration of no-entry zones for any pandals from Durga Puja in the state. The order further notes that pandals only can be entered by the organisers, while outside the organisers should display names of those who are permitted to join pandals.

The decision was made after the Corona pandemic, considering public safety. The celebrations in Durga Puja will commence on 22 October. This order will include all 37,000 registered puja committees.

Also, the Calcutta Supreme Court slammed the government of West Bengal for not having any clear crowd control strategy in the midst of the Coronavirus outbreak and stated that not having developed a plan to implement their guidance on the Durga Puja celebrations is very disappointing.

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Bengali Legal Cases#21। Advocate Chenoy Ceil | Courts need to be satisfied। Kerala HC। Durga Puja

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