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5. Suo Moto Cognizance- Astitva Pratap NATIONAL JUDICIAL ACADEMY RESEARCH REPORT ON: SUO MOTO COGNIZANCE/ACTION BY THE SUPREME COURT AND HIGH COURTS IN INDIA AFTER 2000 SUBMITTED BY: . ASTITVA PRATAP SINGH (INTERN 11/05/2015- 04/05/2015) . NATIONAL LAW UNIVERSITY ODISHA, CUTTACK TABLE OF CONTENTS LEVEL I ANALYSIS: ........................................................................................................ 4 Supreme Court .................................................................................................................. 4 Allahabad High Court ....................................................................................................... 6 Andhra Pradesh High Court .............................................................................................. 9 Bombay High Court ........................................................................................................ 11 Calcutta High Court ........................................................................................................ 13 Chhattisgarh High Court ................................................................................................. 14 Delhi High Court ............................................................................................................ 14 Guwahati High Court ...................................................................................................... 17 Gujarat High Court ......................................................................................................... 18 Himachal Pradesh High Court ........................................................................................ 19 Jammu and Kashmir High Court ..................................................................................... 21 Jharkhand High Court ..................................................................................................... 21 Karnataka High Court..................................................................................................... 24 Kerala High Court .......................................................................................................... 26 Madhya Pradesh High Court ........................................................................................... 26 Tamil Nadu (Madras) High Court ................................................................................... 26 Manipur, Meghalaya High Court .................................................................................... 31 Tripura High Court ......................................................................................................... 31 Orissa High Court ........................................................................................................... 31 Patna High Court ............................................................................................................ 32 Punjab and Haryana High Court..................................................................................... 34 Rajasthan high court ....................................................................................................... 39 Sikkim High Court ........................................................................................................... 42 Uttarakhand High Court ................................................................................................. 43 LEVEL II ANALYSIS: ..................................................................................................... 44 LEVEL III ANALYSIS..................................................................................................... 46 LEVEL I ANALYSIS: SUPREME COURT S. No. Case Subject Matter 1. Bank of India Vs. Vijay Transport & Ors., Suo Moto contempt proceedings MANU/SC/0636/2000 initiated for disobeying the orders given by the court. 2. In Re: Arundhati Roy, Suo Moto contempt proceedings MANU/SC/0160/2002 were initiated against Arundhati Roy as she published an article entitled "The Greater Common Good" in Outlook Magazine and the comments made by her were, prima facie, a misrepresentation of the proceedings of the court. 3. In Re: Bineet Kumar Singh, Suo Moto contempt proceedings MANU/SC/0333/2001 initiated for interference with the administration of justice. 4. In Re: Death of 25 Chained Inmates in Asylum The court took Suo Moto action Fire in Tamil Nadu Vs. Union of India and Ors., based on a news item published in all MANU/SC/0081/2002 the daily newspapers regarding more than 25 mentally challenged patients who were housed in a mental asylum were charred to death at Ervadi in Ramanathapuram district, Tamil Nadu. 5. In Re: Destruction of Public and Private Suo moto proceedings were initiated PropertiesVs. State of A.P. and Ors., by the Supreme Court taking a note MANU/SC/0575/2009 of various instances of large scale destruction of public and private properties in the name of agitations, bandhs and hartals. 6. Leila David Vs. State of Maharashtra and Ors., Suo Moto contempt proceedings MANU/SC/0488/2009 were initiated for misconduct and indiscipline inside the court. 7. Re: Suo Moto Proceedings against Mr. R. Suo moto contempt proceedings Karuppan, Advocate, initiated against the advocate for MANU/SC/0338/2001 filing writ petition with false affidavit. 8. Court on Its Own Motion Vs. Union of India Certain newspapers reported 67 (UOI) and Ors., deaths of Pilgrims during Amarnath MANU/SC/0628/2012, yatra mostly because of cardiac arrests as well as for other reasons, the court took Suo moto notice of concerned Articles to appropriately deal with this serious subject of lack of medical and other facilities in public interest. 9. In Re: Indian Woman says gang-raped on orders Court initiatedSuo moto proceedings of Village Court published in Business and on learning about the gang rape of a Financial News, 20 year old woman pursuant to MANU/SC/0242/2014 direction of Village panchayat, as punishment for having relationship with a man from a different community in Subalpur Village, P.S. Labpur, District Birbhum, State of West Bengal. 10. In Re: Harassment and Physical Abuse of 'M', The court registered Suo moto writ MANU/SC/0932/2014 petition in this matter on the basis of MANU/SC/0937/2014 a bunch of papers handled by the complainant in relation to gang rape and aggrieved by inaction of the police in the same. 11. In Re: Ink Throwing Incident, Contempt of Court, Suo Moto MANU/SC/0407/2014 contempt proceedings initiated against an advocate for the act of throwing ink on someone in the premises of the court. 12. In Re: News Item Published in Hindustan Times Suo moto proceedings initiated by Titles 'And Quiet Flows The Maily Yamuna', the apex court based on a new item MANU/SC/0153/2012 published in Hindustan Times titled 'A Quite Flows Maili Yamuna' in relation to the pollution of the river Yamuna. 13. In Re: Rameshwar Prasad Goyal, Advocate, Suo Moto contempt proceedings MANU/SC/0848/2013 initiated against the Advocate on Record as he filed an extremely large number of cases in the Supreme Court but never appeared for the same. 14. In Re: Recent Firing Incident, Widely Reported Cognizance of a firing incident by in The Press, Resulting in the Death of Two private security personnel which Persons, Allegedly on Account of Use of 25 resulted in death of two was taken Firearms by Some Private Security Personnel, based on the news items published in MANU/SC/1117/2012 this regard. 15. Rajeshwar Singh Vs. Subrata Roy Sahara and Contempt of Court, Suo Moto Ors., contempt proceedings initiated. MANU/SC/1321/2011 16. Amicus Curiae Vs. Prashant Bhushan and Anr., Contempt of Court, Suo Moto MANU/SC/0490/2010 contempt proceedings initiated. ALLAHABAD HIGH COURT S. No. Case Subject Matter 1. Association of Dead People, Azamgarh and The High Court took Suo moto another Vs. State of U.P. and others, cognizance of a media report MANU/UP/0131/2000 highlighted in the TIMEmagazine, Asia Edition which published an Article entitled "Plight of the Living Dead : Indian Farmers declared deceased by unscrupulous relatives must prove they're alive to regain their land." 2. District Co-operative Bank Ltd. Vs. Badri Ram and The court Suo moto initiated review Ors., proceedings in this case, the case was MANU/UP/0713/2002 earlier decided but certain provisions were not brought to the notice of the judge hence this review was initiated. 3. Suomoto action taken by the Court Vs.ICICI Bank The court took Suo moto cognizance Ltd. through its Chairman and Ors., of some questions of larger public MANU/UP/1273/2005 importance which arose from the facts brought on record in the case Rakesh Mehta and Ors. v.State of U.P. and Ors., Petition No. 58318 of 2005. 4. Manoj Kumar Kesharwani Vs. Sanjai Kumar The court initiated Suo moto Kesharwani and Ors., contempt proceedings on the grounds MANU/UP/2484/2006 of violation of interim injunction granted by the lower court on the basis of a complaint received by the court. 5. In Re: PadamKirti, The court took Suo moto cognizance MANU/UP/0912/2006 in this case in the basis of a news report published in Hindustan Times titled “Bar squabble: Judges cry off dinner” and initiated contempt proceedings. 6. Suo motu action taken by the Court Vs. Suo Moto contempt proceedings SadhnaUpadhyaya Advocate, initiated by the court against the MANU/UP/1738/2009 advocate for alleging the Judge with the charge of lack of integrity, disrupted the proceedings of the court and also damaged the property of the court. 7. In Re : Govt. Children's Home at Shivkuti Court took Suo moto cognizance of Allahabad, the
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