Month: June 2021

Jayaram Mudaliar v. Ayyaswami

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This case brief is written by Sanskriti Goel, a 1st-year law student from Chanderprabhu Jain College of Higher Studies and School of law, GGSIPU. 

CASE NUMBER

Civil Appeal No. 2151 of 1968

EQUIVALENT CITATIONS

AIR 1973 SC 569, (1972) 2 SCC 200, 1973 1 SCR 139

DECIDED ON

12th April 1972

BENCH

Hon’ble Judges S.M. Sikri, C.J., A.N. Ray, and M. Hameedullah Beg

RELEVANT ACT/ SECTION

  • Transfer of Property Act, 1882 – Section 52
  • Land Improvement Loans Act, 1883 – Section 7(1)(a) and Section 7(1)(c).

BRIEF FACTS AND PROCEDURAL HISTORY

  • Plaintiff, as well as the defendant, were all related to each other as family. Plaintiff/Respondent (Ayyaswami), filed for partition in June 1958 impleading defendant/appellant (Jayaram) and Munniswami as co-defendants. Jayaram was the son-in-law of Munniswami. 
  • While this partition suit was still going on, Jayaram purchased some land from Munniswami under a sale deed and some other land at a public auction to enable Munniswami to pay off his debts. 
  • Ayyaswami brought a suit against the defendant challenging the validity of the sale of joint property stating that it was struck by the doctrine of lis pendens in Section 52 of Transfer of Property Act, 1882 (hereinafter ‘TPA’). 
  • The High Court termed the sale of July 1958 as a ‘voluntary alienation’ and held that exemption from the scope of lis pendens cannot be extended to voluntary sales in any case. The High Court observed that: “The obligations incurred before the sale of July 1958, by reason of the decrees in the mortgage suits,  were not on this view,  liabilities which could be equated with either transfer prior to the institution of the partition suit or with sales in execution of mortgage decrees which are involuntary. 

LEGAL ISSUES

  • Can the doctrine of lis pendens be applied to the sale in question?
  • Are public auctions exceptions to Section 52, TPA? 

RATIO OF THE CASE

  • ‘Lis Pendens’ means a pending suit, and the doctrine of lis pendens has been defined as the jurisdiction, power, over control which are court acquires over property involved in a suit pending the continents of the action and until final judgment therein.
  • Justice Beg observed that Section 52 applies not merely to actual transfers or rights which are the subject matter of litigation but to other dealings with it by any party to the suit or proceeding, so as to affect the right of any other party thereto.
  • Hence, where it is not a party to the litigation but an outside agency, which proceeds against the subject matter of the litigation without anything done by the litigating party, the resulting transaction will not be hit by Section 52.

DECISION OF THE HON’BLE SUPREME COURT OF INDIA

  • The appeal was dismissed on the grounds of the doctrine of lis pendens. The whole purpose of the doctrine is to stop parties to the pending litigation or any other person, to acquire any rights in respect of the immovable property subject to such litigation. 

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Plea Filed Before the Supreme Court Concerning Violation of Article 14 of the Indian Constitution

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A plea has been filed before the Supreme Court seeking equality in the treatment of authorized journalists and unauthorized journalists for the needs of compensation and other benefits granted by the Central and state governments amid the COVID-19 pandemic. A few state governments have declared journalists as frontline workers; however, the Central government has still not proclaimed the thought. The intervention application (IA) assails the special drive under the Central government’s Journalist Welfare Scheme (JWS) because it doesn’t cover “non-accredited journalists”. Thus, it violates the right to equality under Article 14 of the Constitution of India.

The plea cited figures of journalists who gave up the ghost within the line of duty during the COVID-19 pandemic. Between April 1, 2020, and May 19, 2021, there are 253 verified deaths of journalists thanks to COVID-19 and 93 unverified deaths. The Centre had launched a special drive under the JWS to assist the immediate families of these media journalists who died due to Covid-19. According to the rules under the scheme, accreditation details of the journalist need to be provided. Point 3(ii) (a) and (b) of the guidelines state that “media personnel” will not include people who are at a managerial level or in a supervisory capacity. This leaves an outsized number of persons including unaccredited journalists, technical, managerial, and supervisory staff employed with media organizations alongside unaccredited freelance journalists and stringers who are bereft of any relief or benefits under the scheme.

As per Rule 6.1 of the rules, the eligibility conditions for correspondents/camera persons to avail of the scheme are “minimum 15 years professional experience as a full-time working journalist”. This leaves out an outsized number of journalists who are going to not tend to any benefits after dying within the line of duty due to COVID-19. The mere non-accreditation which is merely a recognition provided by the govt for purposes of access to sources of data, won’t be covered under the scheme. Thus, it’s no parity and is violative of Article-14 of the Constitution of India. The applicant stated that she surveyed 70 journalists/media persons who died of COVID-19 and located out that only 6 percent of them were accredited to the Press Information Bureau. 37 percent were accredited to the government and 57 percent were without accreditation. The difference between the authorized and unauthorized journalists/media person by both the central and therefore the state governments are violative of Article 14 of the Constitution of India. The plea was settled by Senior Advocate Salman Khurshid and filed through advocate Lubna Naaz.

Report By- Sana Sheikh

Essay Writing Competition on World No Tobacco Day 2021 by Govt of India [Prizes Upto Rs. 60k]: Submit by June 18, 2021.

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The Ministry of Health & Family Welfare (MoHFW), Government of India is glad to announce essay writing competition on the occasion of World No Tobacco Day, 2021. As you are aware that every year, 31st May is observed as World No Tobacco Day (WNTD), highlighting the health and other risks associated with tobacco use, and advocating for effective policies to reduce tobacco consumption.

Following the guidelines of COVID 19, on this occasion of great significance, the Ministry is glad to announce this competition to explore the creative instinct of students from classes 8th – 10th ; 11th & 12th and college students (under graduation), and encourage them to express their ideas on “Protection of future generation from harmful effects of tobacco”.

Guidelines for Participants:

The Essay Competition is meant for students of classes as per the following five categories;
1. 8th
2. 9th
3. 10th
4. 11th & 12th
5. College students (under graduates)

Word Limits of Essay:

The essay should be within 1000* word limit.
*The essay should not exceed word limit. This would lead to disqualification.

Important dates:

• Start Date: 31st May, 2021
• Last Date of Submission: 18th June, 2021

Click here to download Participation Form

Click here to read Terms and Conditions

Official Notification:

https://www.mygov.in/task/essay-writing-competition/

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Munshi Singh Gautam v. State of Madhya Pradesh

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This article is written by APURVA, a student of Fairfield Institute of Management and Technology, GGSIPU.

Criminal Appeal No. 

919 of 1999 

Decided On

16 November 2004

BENCH

ARIJIT PASAYAT, AND C.K. THAKKER

FACTS IN A NUTSHELL

  • The Complainant, Chandrakalabai, the widow of Bharat Kharat was a resident of Village Dharkanha. 
  • At the time of the incident, she was residing with her husband Bharat Mukinda Kharat (hereinafter referred to as the `deceased’) and two sons in the house situated in the village Dharkanha. 
  • It is the case of the prosecution that Shivcharan (PW6), son of the Complainant Chandrakala (PW2) as well as Taqnaji, son of Shakuntaiabai, the keep of deceased Bharat and Shakuntalabai were residing in the said house. On the day of the incident, Shakuntalabai was not present as she had gone to Pusad. 
  • At that time, work of uprooting the groundnut crop was in progress in the field of deceased Bharat and several persons from village Londhari were working in his field. 
  • There was a pit dug in front of the house of Bharat for the construction of one room. 
  • On 7th June 1998, at about 1.00 p.m., deceased Bharat and one Tulshiram Vadar had gone to Pusad and returned home at about 7.00 p.m. After that, deceased Bharat was taking a meal in his house and Tulshiram went to sleep in front of the house. 
  • After some time, at about 8.00 p.m. accused Namdev Tarpe came to the house of the complainant and told Bharat that persons from village Yehala were coming to beat him and he should run away from the spot, or release the dogs. 
  • When Bharat came out of the house, five to six persons encircled Bharat in the courtyard of his house and started beating him. They were armed with axes, sticks, crowbars and beat Bharat with the said weapons. 
  • When Bharat was being assaulted, he shouted for help loudly saying “Chandrakala, I am dying”. The complainant, Chandrakala went to Tulshiram and awakened him. 
  • Tulshiram tried to rescue Bharat from the clutches of the accused, but the accused did not allow him to help the deceased. 
  • The complainant thereafter went towards the persons of village Londhari and stayed there along with her sons. The assailants also came there and threatened them not to disclose the incident and asked them to leave. 
  • The persons from village Londhari thereafter left the place. 
  • The accused persons also left the place. The complainant along with her sons went near her husband deceased Bharat and noticed injuries on his person, who had already succumbed to those injuries on the spot. 
  • The complainant asked her son Shivcharan (PW-6) the names of the assailants. Shivcharan told her that the assailants were from village Yehala and gave their names as “Namdeo Tarpe, Shamrao Behade, Subhash Behade, Santosh Behade, Saheb Rao and one unknown person to whom he knew by face.
  • The complainant along with her sons thereafter went to the house of Police Patil of village Dharkanha and narrated the incident. 
  • The complainant stayed there for the night and on the next day, she went to Police Station, Pusad (Rural), and lodged a report. 
  • In the report, she mentioned the names of five accused persons and one unknown person. She also stated in the report that accused persons assaulted her husband because one year before the incident, there were murders of one Atmaram and Laxman of village Yehala and in the said crime, her husband deceased Bharat was arrested and, therefore, the assailants for taking revenge of the said murders, and had assaulted Bharat in the incident in question. 
  • Based on the report lodged by the complainant investigation was undertaken. After completion of the investigation charge sheet was filed and as the accused persons i.e., seven in number in two Criminal Appeals before High Court pleaded innocence, the trial was held. 
  • It is to be noted that A-1 was absconding and therefore separate charge sheet was filed against him. 
  • The trial Court placed reliance on the evidence of Chandrakala (PW-2) and Shivcharan (PW-6) and found the accused persons guilty. 
  • In appeal, the primary stand of the accused persons was that PWs 2and 6 being related to the deceased their evidence should not be acted upon particularly when Tulshiram and the younger son of the deceased were not examined. 
  • Additionally, it was submitted that in the Test Identification Parade (in short the `TI Parade’) held on 3.8.1998 only two accused persons Sudam and Mangal were identified. 
  • Further, the evidence of Shivcharan (PW-6) only relates to accused Sham Rao and, therefore, Section 149 has no application. It was also submitted that PW-2 cannot be believed as she did not know the names of the accused persons and the names were told to her by PW-6. The trial court did not analyze their evidence and held that merely because 2 and 6 were the wife and son of the deceased that did not render their evidence suspect. 
  • Additionally, the TI parade was held only in respect of two accused-appellants Sudam and Mangal, and not in respect of other accused persons as they were allegedly known to the prosecution witnesses. Stand of State was that as others were known, there was no need for TI Parade. 
  • The fact situation clearly shows that Section 149 IPC has application.

JUDGEMENT

  1. If you once forfeit the confidence of our fellow citizens, you can never regain their respect and esteem. It is true that you can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time, said Abraham Lincoln. This Court in Raghubir Singh vs. State of Haryana (AIR 1980 SC 1087) and Shakila Abdul Gafar Khan (Smt.) vs. Vasant Raghunath Dhoble and another (2003) 7 SCC 749, took note of these immortal observations while deprecating custodial torture by the police.
  2. Custodial violence, torture, and abuse of police power are not peculiar to this country, but it is widespread. It has been the concern of the international community because the problem is universal, and the challenge is almost global. The Universal Declaration of Human Rights in 1948 which marked the emergence of a worldwide trend of protection and guarantee of certain basic human rights stipulates in Article 5 that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Despite this pious declaration, the crime continues unabated, though every civilized nation shows its concern and makes efforts for its eradication.
  3. If it is assuming alarming proportions, nowadays, all around it is merely on account of the devilish devices adopted by those at the helm of affairs who proclaim from rooftops to be the defenders of democracy and protectors of people’s rights and yet do not hesitate to condescend behind the screen to let loose their men in uniform to settle personal scores, feigning ignorance of what happens and pretending to be peace-loving puritans and saviours of citizens’ rights

THE COURT CONCLUDED

It has been laid down by the Court, in Parkash Chand Sogani v. The State of Rajasthan (supra) (AIR Cri LJ), that the absence of test identification in all cases is not fatal and if the accused person is well-known by sight, it would be waste of time to put him up for identification. Of course, if the prosecution fails to hold an identification on the plea that the witnesses already knew the accused well and it transpires in the course of the trial that the witnesses did not know the accused previously, the prosecution will run the risk of losing its case.

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IIT Gandhinagar Early-Career Fellowship: Apply by June 7, 2021.

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The IIT Gandhinagar Early-Career Fellowship (IITGN-ECF) offers young scholars the opportunity to work on exciting challenges or research problems in a creative and interdisciplinary ecosystem. Fellows in the program will have access not only to their assigned department, but to the entire research infrastructure and facility of the Institute, which prizes interdisciplinary.

The opportunity to work on an exciting challenge or a research problem is the dream of a scholar, especially when possible within a creative and innovative ecosystem. IITGN-ECF is designed to offer these possibilities and support young scholars in their pursuit of excellence. With the possibility of extraordinary personal and professional growth, IITGN-ECF would prepare you for an independent futuristic academic career. The opportunities presented to you through IITGN-ECF offers access not only to a department but to the entire research infrastructure and facility of the Institute. The non-existent boundaries of disciplines at IITGN allow you to unlock the potential to experiment and contribute to the interdisciplinary ecosystem, which was carefully built over the years.

Who Should Apply?

The applicant should have successfully defended their PhD thesis from an Indian Institution/University on or after January 1, 2020, and their research work should be rated high with supporting scholarly publications. The candidates who have submitted their doctoral thesis or expected to submit in the next two-three months are also welcome to apply.

Fellowship

  • Fellows will receive Rs. 1,00,000 per month (Rs. 90,000/- plus Rs 10,000/- HRA).
  • A professional development grant of up to Rs. 2.00 Lakh per year will be made available that also supports international travel to attend conferences, workshops, training programmes, etc.
  • Fellows can submit individual proposals for financial support to conduct seminars, workshops and other scholarly activities.
  • The Fellowship will be awarded initially for one year. In case of outstanding performance, the Fellowship may be extended for another one year (that is, total Fellowship duration of two years).

Selection

  • As part of the application process, the applicants will develop a research proposal in a prescribed format in collaboration with a faculty member at IITGN. The plan will outline their research and professional objectives and must be endorsed by the proposed faculty collaborator. The applicants are strongly encouraged to directly contact the faculty collaborator.
  • The applicant will also submit a personal statement describing their aspirations and the expectations from themselves during this Fellowship.
  • The candidates from IIT Gandhinagar can apply to work with a faculty collaborator other than their PhD supervisor on a topic of their mutual interest.
  • The applicant will provide names and contact information of THREE referees who can objectively assess the candidate’s potential towards this Fellowship.
  • Applicants are free to apply to ANY discipline and can submit only ONE application.
  • Faculty members may endorse more than one proposal.

Expectations

  • Fellows are expected to dedicate themselves to work full-time towards their research goals in collaboration with a faculty member, and they should aspire to join another top academic institution after completing their tenure.
  • Fellow will work on a specific research project in collaboration with a faculty member besides engaging in other scholarly activities.
  • Fellows may be permitted to engage in teaching a course or guiding undergraduate & postgraduate students after assessing their research outcome.
  • One of the aims of the project should be to timely disseminate the created knowledge through high-impact scholarly publications.
  • The faculty collaborator undertakes to suitably involve, direct, supervise and evaluate the Fellow’s work, and share quarterly assessments and at the conclusion of the Fellowship with the office of the Dean R&D.
  • Fellows are expected to submit quarterly reports of their work and engagement in other scholarly activities to the faculty collaborator. The faculty collaborator will provide an objective assessment on the performance of the Fellow before forwarding the report to the office of the Dean R&D.
  • Fellows are expected to follow the ethos of the Institute and be proactive towards their performance. We have zero tolerance policy towards poor performance and misconduct and any such instances would trigger one month’s notice or immediately with pay of one-month fellowship.

Official Notification:

https://iitgn.ac.in/research/early_career_fellowship

How to Apply?

https://docs.google.com/forms/d/e/1FAIpQLSfAigPhyXDc5C3HnswbyYslKpeA9pWNTlvAJhJ_MDYYiLVS1A/viewform

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Internship Opportunity at HRLN [Human Rights Law Network], Mumbai: Apply Now!

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HRLN’s internship programme is a challenging and interesting experience for those committed to human rights and social justice in India. We offer an exciting opportunity to participate in movements for social change and welcome people from all fields to contribute to our initiatives. Interns and volunteers are an integral part of our dynamic team and we greatly value their efforts, creativity and contributions.

We welcome and encourage internship applications from students in law schools and Institutes of Social Work that are less well known and outside the metro cities.

We Expect

A minimum commitment of three months for international interns and one month for national interns who will work with an advocate or a social worker. Interns are expected to show professionalism while performing their tasks and produce a report at the end of their assignment.

Explore With Us

HRLN gives a wonderful opportunity for interns to meet their peers all over the world. They will explore the legal and social challenges people face in the human rights field in India and develop the skills to understand how the law and social activism can achieve practical benefits for ordinary people.

Interns will build their capacity

– In conducting research related to HRLN’s initiatives
– In drafting public interest petitions
– In conducting fact-finding missions,
– In writing articles and publications for the website
– In organizing workshops and conferences and such-like.

They might also be required to travel to other parts of India to conduct fact finding and research on human rights issues.

Applications must be submitted before three months thereafter (January for April, February for May, March for June, and so on.) You can also apply in earlier.

How to Apply?

If you are interested to undertake an internship programme, please send your application form, a recommendation letter, writing sample and CV to hrln.internships@gmail.com with a title in the subject line of your email: ‘Internship at SLIC: (mention month)’.

Download Application Form

Click here to download the Application Form

For more information on HRLN Internship, view our FAQ’s.

Contact:

576, Masjid Road, Jungpura
New Delhi – 110014
Tel: +91-11-24374501
Email: hrln.internships@gmail.com

Official Notification:

https://hrln.org/page/intern-with-us

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Call for Abstract: Symposium on Gender, Peace, Education and International Law: Submit by June 18, 2021.

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Call for Abstracts

Week of 25th October 2021

Rationale:

This conference forms part of an ERC funded project, titled Gendered Peace, led by Professor Christine Chinkin. This grant takes an interdisciplinary approach to provide new understandings of the spectrum of peace and conflict, while centring a gender analysis.

Peace remains undefined within international law. Despite this there are numerous references to peace within international legal documents, with the UN Charter assigning the UN Security Council with responsibility for the maintenance of international peace and to this end mandating peace operations.

The right to education was enshrined in the Universal Declaration of Human Rights (UDHR) in 1948. Specifically, Article 26 of the UDHR establishes that the individual has the right to education. Within the text of Article 26 there is a direct link to peace, it states:

Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

The International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966 provided the right to education, Articles 13 and 14, with more detail.

The United Nations Educational, Scientific and Cultural Organization was established in 1945, as the primary international legal institution currently charged with the dissemination and articulation of peace education throughout the world. UNESCO’s current work stresses the importance of the Sustainable Development Goals, which lists ‘gender equality’ and ‘peace, justice and strong institutions’ as two of its interlinked goals. From an institutional perspective gender has been utilised as a category in order to assess education equality and as a tool of analysis within the peace education field. Gender has also been used as a focal point for discussions on women’s peace education initiatives and women’s personal education achievements.

This brief introduction suggests that the concepts of peace, education, international law and gender are related to, and rely on, each other in varying ways. But are there other ways these areas interact, or could interact? How can a robust gender analysis shift understandings of peace education within international law and thus even that of peace itself? How is peace education understood and put into practice differently in local and international spaces? What does it mean to say there is a right to peace education? Does or should such a right exist?

These are just a few of our many questions. We are therefore proposing a symposium where participants can think through the linkages between the complex and nuanced areas of gender, peace, education (peace education) and international law and what might flow from making such linkages.

We invite abstracts from a range of disciplines for presentation at the conference. Papers might address peace, education, gender and international law or only touch on a combination of two or three, but adopting a feminist approach. Some areas of inquiry might include: historical examples of peace education, ‘Education in Emergencies’, education in refugee camps, the nexus between human rights education and peace education, the work of UNESCO, theoretical approaches to peace education, the Women, Peace and Security agenda, ‘women and girls’ in peace education and domestic vs international peace education perspectives.

Questions for discussion:

1)    What are some untold histories of peace education?

2)    How do we teach peace? And why?

3)    Is there such a thing as feminist peace education?

4)    If we used the UN Security Council Women, Peace and Security Resolutions as a textbook, what would it teach us about peace?

5)    What is the relevance of this topic for the feminist international legal scholar?

Deadline: 

Abstracts of no more than 300 words should be sent by 18 June 2021 to Dr Sheri Labenski at s.a.labenski@lse.ac.uk with the email subject heading ‘Gender, Peace and Education’. Symposium participants will be notified by 3 September 2021.

Suggested Outputs: 

We invite participants to write a blog post for publication on the LSE WPS Blog. Further outputs potentially could include a special issue of a journal.

Official Notification:

https://www.lse.ac.uk/women-peace-security/events/Current-Events/Symposium-on-Gender-Peace-Education-and-International-Law

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Call for Papers – Financial Crime: Challenges and Responses by Institute of Advanced Legal Studies: Submit Abstract by June 16, 2021

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Date:
16 Jul 2021, 00:00 to 16 Jul 2021, 08:00

Institute:
Institute of Advanced Legal Studies

Venue:
Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR

​CALL FOR PAPERS:

Financial Crime: Challenges and Responses 
 
Financial crime is a notable concern for policymakers, law enforcement, and prosecutors – as evident in, for example, HM Government’s Economic Crime Plan 2019-2022; the National Crime Agency’s 2020 National Strategic Assessment of Serious and Organised Crime; and the CPS’ 2021 Economic Crime Strategy. These documents draw particular attention to cybercrime, fraud, money laundering, bribery, corruption, and sanctions evasions. 

While an array of legislative measures has been enacted to tackle such crime, there remains scepticism as to 1. their effectiveness and 2. The far-reaching nature of such laws. So too have there been concerns as to organisational and operational changes in enforcement. Recent developments (notably the ongoing global pandemic and Brexit) add to the uncertainty. 

This online conference will bring together postgraduate researchers (PGRs) and early career researchers (ECRs) to discuss new and emerging insights into efforts to tackle financial crime.

Submission of Abstracts

If you are interested in presenting at this event, please submit an abstract (up to 500 words) to Eliza Boudier (eliza.boudier@sas.ac.uk) by July 16, 2021. 
 
International speakers are welcome. The organisers will endeavour to accommodate time zone differences; if relevant, please indicate this when submitting your abstract. 

Date and Venue:

The conference will be held online in October 2021, hosted by the Institute of Advanced Legal Studies (IALS). 

Official Notification:

https://ials.sas.ac.uk/events/event/24439

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Sardar Patel Subharti Institute of Law presents 1-Week Faculty Development Programme [FDP] on Advanced Research Methodology from June 4-10, 2021: Register Now!

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Sardar Patel Subharti Institute of Law, Meerut is organizing a One Week Faculty Development Programme.

The general details are as follows:

  • Topic: Advanced Research Methodology
  • Date: 04.06.2021 to 10.06.2021
  • Timing: 2 PM

Sub-themes of the FDP

  • An overview of Legal Research in India
  • Importance of Literature Review in Legal Research
  • Legal Research and Its Major Stages
  • Current Trends and Dimensions of Doctoral Legal Research
  • Plagiarism Related Issues and Challenges in Legal Research
  • Innovative Tools & Techniques of Data Collection in Legal Research
  • Use of Technology in Legal Research
  • Importance of Report Writing in Legal Research
  • Cyber Crime & Law
  • Technology & Law
  • Sociology & Law
  • Law of Medical Jurisprudence

Registration Fees

No Registration fees

Certificate

Certificate shall be given to all after successfully attending one-week FDP.

Registration:

https://docs.google.com/forms/d/e/1FAIpQLScWfIbkFnj354i8ywm0nO1Oz5nFp2mIx-hyd6cJJee3W0zfJQ/viewform

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Writ Petition Filed to Declare Order Passed by the Province State Pollution Control Board Illegal and Arbitrary Disposed of

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With the consent of Sri Y Srinivasa Murthy, learned counsel for the petitioner, Sri N Harinath, learned Assistant Solicitor General appearing for the 1st respondent and Sri V.Surender Reddy, learned counsel appearing for respondents 2 to 5, this writ petition is being disposed of at the stage of admission.

Petitioner’s Contention

The petitioner contended that he was incorporated within the year 2010 and was carrying on business in the manufacturing of bulk drugs. The 3rd respondent granted consent for establishment order dated 24.04.2010 according to the petitioner dated 19.06.2009. Thereafter consent for the operation was accorded on 23.12.2020 and since then, he was manufacturing various lifesaving drugs in bulk. The validity of the consent for the operation was valid till 31.06. 2021. On 11.05.2021 because of the opening of a security valve of a reactor, four persons at the positioning got injured and three of them succumbed. The petitioner then submitted a   compliance report including a letter on 20.05.2021 to the Pollution Control Board; according to the incident, a joint inspection team had been constituted and it submitted a report dated 21.05.2021. On 26.05.2021, the 3rd respondent without a show-cause notice issued impugned order of Stop Production instructing the petitioner to prevent production; there were several batches of an important lifesaving drug which were within the manufacturing process and also the same can’t be stopped all of a sudden without bringing them into a secure stop mode, which can take time. Hence, the petitioner made a representation to the 3rd respondent to reconsider their decision. Learned counsel for the petitioner submitted that the necessities suggested by the Pollution control panel are complied with by the petitioner and compliance report is additionally submitted which the Board can inspect the premises of the petitioner at any time to test the compliance of the identical.

Key Highlights

  • This writ petition filed “to declare the impugned order of stop production passed by the Andhra Pradesh State Pollution Control Board vide Order No.71/APPCB/UH-II/TF/NLR/2021 dated 26.05.2021 (received by the petitioner on 27.05.2021), as illegal and arbitrary.”
  • Petitioner was incorporated in the year 2010 and was carrying out the business of manufacturing bulk drugs. Due to the opening of a safety valve, four people got injured.
  • The respondent without a show-cause notice issued an order to stop production.
  • Learned counsel for the petitioner submitted that all the requirements suggested by the Pollution Control Board had been compiled.
  • The Andhra Pradesh High Court ordered that the petitioner is permitted to carry out production for two weeks and the respondent can inspect to ensure compliance with all requirements.
  • The Writ Petition is accordingly disposed of.

Respondent’s Contention

Sri V Surender Reddy learned standing counsel for the 3rd respondent submitted that the petitioner had submitted a representation on 27.05.2021 requesting fortnight time to prevent production which the said letter isn’t filed by the petitioner together with the writ petition. Learned counsel for the petitioner then made missive of invitation to continue the operation of production for 2 weeks and within the meanwhile, the authorities of the board may come and inspect the premises and also denote the lapses and also the same would be attended by the petitioner within no time and also the learned standing counsel consented for the said request.

Court Order

The Andhra Pradesh High Court stated that, “In view of the facts and circumstances of the case, with the consent of both the counsel, the stop order dated 26.05.2021 is ready aside and also the petitioner is permitted to hold on production for a period time from the date of receipt of a replica of this order. Meanwhile, the 3rd respondent is at liberty to conduct inspection of the petitioner to make sure compliance of all requirements and after inspection, the 3rd respondent is at liberty to require appropriate action in accordance with law. It’s needless to state that before inspection, the 3rd respondent is directed to issue notice to the petitioner with relevancy the date of inspection. The writ petition is, accordingly, disposed of. No order on costs. Miscellaneous petitions, if any, pending within the writ petition shall stand closed.”

-Report by Sana Sheikh