Articles by "Delhi High Court"
Showing posts with label Delhi High Court. Show all posts

Hello Jammu News at 10:39:00 PM 0
Delhi High Court


New Delhi, Feb 5 :  The Delhi High Court Wednesday said all convicts in the Nirbhaya gang rape and murder case have to be executed together, and not separately.

Justice Suresh Kumar Kait directed convicts to file any application which they want within one week after which authorities should act.

The high court dismissed the Centre's plea challenging the trial court's order staying the execution of the convicts.

The Centre and the Delhi government had challenged the trial court's January 31 order staying "till further orders" the execution of all the four convicts in the case -- Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay Kumar Sharma (26) and Akshay Kumar (31), who are lodged in Tihar Jail.
Read more »

Hello Jammu News at 8:56:00 PM 0
Delhi High Court


New Delhi, Feb 2 :  Solicitor General Tushar Mehta on Sunday told the Delhi High Court that there is a deliberate, calculated and well thought of design by the Nirbhaya gangrape and murder case convicts to "frustrate mandate of law" by getting their execution delayed.

Mehta told Justice Suresh Kait that convict Pawan Gupta's move of not filing a curative or a mercy petition is a deliberate, calculated inaction.

The four Nirbhaya case convicts are playing with judicial machinery and trying patience of the nation, Mehta said.

"There is deliberate, calculated and well thought of design to frustrate mandate of law," Solicitor General Mehta told the high court.

The high court is hearing the Centre's plea challenging stay on the execution of the four death row convicts in the Nirbhaya gangrape and murder case.

Advocate A P Singh appeared for convicts Akshay Singh (31), Vinay Sharma (26) and Pawan gupta (25) opposing the Centre's plea to set aside stay on execution of death sentence.

Senior advocate Rebecca John, representing the fourth convict Mukesh Kumar (32), raised preliminary objection on the Centre's plea saying it was not maintainable.

She contended that the Centre was never a party in the case proceedings before the trial court and while the government was accusing the convict of delay, it has woken up just two days ago.

"It was the victim's parents who moved the trial court for issuance of death warrants against the convicts. At no point the central government or the state government approached the trial court to immediately issue death warrants," John contended.

The proceedings are currently underway.

John told the high court that the Centre has moved a plea in the Supreme Court seeking clarification whether co-convicts can be executed separately and this petition is pending before the apex court.

A 23-year-old paramedic student, referred to as Nirbhaya, was raped and brutally assaulted on the intervening night of December 16-17, 2012 inside a moving bus in south Delhi by six persons, before being thrown out on the road.

She died on December 29, 2012 in Singapore's Mount Elizabeth Hospital.

One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

The top court, in its 2017 verdict, had upheld the capital punishment awarded to the convicts by the Delhi High Court and the trial court.
Read more »

Hello Jammu News at 6:30:00 PM 0
Delhi High Court


New Delhi, Jan 24 :  A Delhi court on Friday extended by four days the custodial interrogation of NRI businessman C C Thampi who was arrested by the ED in connection with its money laundering probe against Robert Vadra.

The Enforcement Directorate (ED) investigation is related to a case of acquisition of alleged illegal assets abroad.

Special CBI Judge Arvind Kumar extended the ED's custody of Thampi by four days.

ED advocate Amit Mahajan said the probe was incomplete and his further custody was required to confront him with two persons.

The probe agency, however, did not disclose the names of the persons who will be called to join the investigation.

Thampi was produced before the court after his three-day ED custody ended.

The case relates to allegations of money laundering in the purchase of a London-based property, which is allegedly owned by Congress chief Sonia Gandhi's son-in-law Robert Vadra.

The property is located at 12, Bryanston Square, and is worth 1.9 million pounds.
Read more »

Hello Jammu News at 10:02:00 PM 0
Deepika Paducone


New Delhi, Jan 22 :  A petition seeking contempt proceedings against the makers of Deepika Padukone-starrer film 'Chhapaak' was Wednesday filed in the Delhi High Court by an advocate who represented acid attack survivor Laxmi Agarwal on whose life the movie is based.

Advocate Aparna Bhat approached the HC, saying that film director Meghna Gulzar and producer Fox Star Studios did not comply with its order restraining them from screening the film without giving credit to the lawyer for inputs she shared with them.

Justice Prathiba M Singh had on January 11 directed the filmmakers to acknowledge advocate Aparna Bhat in the opening credits by including the line -- "Inputs by Ms Aparna Bhat, the lawyer who represented Laxmi Agarwal, are acknowledged".

"Pass an order awarding punishment for contempt of court against contemnors for 'willful and blatant disobedience' of judgement dated January 11 and order dated January 11," the petition said.

It claimed that "grave and irreparable harm and injury would be occasioned to the petitioner if this court does not grant the relief".

The bench had on January 11 passed the order on a plea by Fox Star Studio, producer of the movie which was released on January 10, challenging a trial court's order asking them to acknowledge the contribution of the advocate.

Regarding the theatrical exhibition, the high court had said since the film has already released on January 10, both internationally and in India, to ensure that there was no disruption in the screening, it was directed that the film would not be exhibited in theatres with effect from January 15 without adding the credit to the advocate to the digital copies.

In the theatres where physical copies of the film were to be supplied by the producer, the changes had to be carried out with effect from January 18, it had said.

The film producer's advocate had said the trial court did not hear them before passing an order and an ad-interim ex-parte injunction was passed which is unusual.

The counsel for Bhat had said she had fought the case for Laxmi pro-bono and was not seeking any publicity and she was approached by Gulzar to get some authenticity in the movie.

He had said that Bhat's assistance was based on her communication with Gulzar that her contribution would be acknowledged.

Bhat, in her plea before the trial court, had said that despite representing Laxmi in courts for several years and helping in the movie making, she was not given credit in the movie.

She had said the film-makers took her help in the entire process of writing and shooting the movie, but did not give her credit.
Read more »

Hello Jammu News at 7:01:00 PM 0



New Delhi, Mar 29 :  The Delhi High Court Friday sought a response of the Delhi University on a plea which alleged that the varsity was not providing maternity leave to its ad hoc female professors.

The petition, by a female professor of Aurbindo College here, contended that under the Maternity Benefit Act she was entitled to six months leave, but the varsity did not grant her the relief as she was not a permanent employee and was employed on an ad hoc basis.

She also claimed that the Supreme Court had held that maternity benefits are available to all irrespective of the type of employment -- permanent or contractual.

Taking note of the submissions made by the petitioner, Justice Suresh Kait observed that according to the apex court judgement and the act, she was entitled to maternity leave and asked the lawyer for DU to take instructions on the issue.

With the direction, the court listed the matter for further hearing on April 10.

In her plea, the woman has claimed that she had sent several representations to the university since January 4 seeking grant of maternity leave as her expected date of delivery was February 22.

However, no response was received from DU and meanwhile, she gave birth on February 3.

Since then she has been on leave without pay as the varsity did not sanction her request for maternity leave, her lawyer told the court.

DU's lawyer told the court that her contract was renewed every four months and at present it stands expired on March 18.

The lawyer also said it was a policy decision of the varsity to provide the benefit to only its permanent employees.              [Agencies]
Read more »

Hello Jammu News at 10:22:00 PM 0


New Delhi, Mar 10 :  The Delhi High Court has sought the response of the Ministry of Ayush on a plea challenging its decision to install Aadhaar-based biometric attendance system in colleges.

Justice C Hari Shankar asked the ministry and Central Council of Indian Medicine (CCIM) to file their counter affidavits on the plea and listed the matter for further hearing on May 23.

The petition filed by Uttarakhand-based Uttaranchal Ayurvedic College sought quashing of the January 9 minutes of the meeting by which the ministry directed CCIM to conduct surprise inspections of all colleges possessing five-year permission claiming it is in contravention of the ministry's July 2012 notification and the law laid down by the Supreme Court.

It said the apex court has held that the inspection may be done on a complaint or otherwise by a team appointed by central council only.

The petition, filed through advocate Amit Sahni, said a decision was also taken in the January meeting for implementation of Aadhaar enabled geo-location based biometric attendance system for staff and faculty of the colleges.

It claimed that the minutes of meeting are bad in law and liable to be quashed as this attendance system is in violation of the apex court constitution bench judgment in the K S Puttaswamy case in which it was held that Aadhaar and its usage cannot be forced upon any individual. 

"The minutes of meetings were not sent to all ayurvedic colleges and also the same was not uploaded on the official website of the Ministry of Ayush.

"The authorities may proceed with the decision taken in minutes of meeting dated January 9, 2019, therefore the present petition," it said.

During the hearing, the court made it clear that if any action is taken by the authorities before the next date of hearing, on the basis of the decision which has been challenged in the petition, they would abide by the outcome of these proceedings.

It also issued notice to the authorities on the plea to stay the minutes of meeting and listed it for March 27.

The plea also alleged that the ministry has passed several directions which are contrary to law viz, to conduct inspections even in Ayurvedic, Homoeopathic, Unani and Siddha colleges, which were granted permission for five years.

The minutes of meeting also stated that the colleges shall have to recruit faculty or staff registered in that particular state, it said.              [Agencies]
Read more »

Hello Jammu News at 11:59:00 AM 0


New Delhi, Oct 12 (PTI) The Delhi High Court Friday quashed the Aam Aadmi Party government's circular on giving preferential treatment to Delhi residents over non-residents at the GTB Hospital here. 

A bench of Chief Justice Rajendra Menon and Justice V K Rao had earlier reserved its verdict on the PIL filed by NGO Social Jurist challenging the Delhi government's pilot project.

The court was examining whether the AAP government's project at the GTB Hospital to give preferential treatment to city residents was violating the rights to equality and life enjoyed by others under the Constitution.

The bench had earlier said that it has noted the AAP government's "difficulties" related to infrastructure, staff and facilities and had said that it will consider if these are valid grounds to deny others their rights under Article 14 and 21 of the Constitution.

At the previous hearing, the Delhi government's senior standing counsel Rahul Mehra had told the court that no individual has so far filed a complaint against its October 1 circular initiating the pilot project at the hospital.

Mehra had said that no one was being denied treatment, access to tests or outpatient (OPD) facilities and the hospital was only prioritising whom to treat first.

He had also said that the Delhi government took this policy decision as the huge influx of patients was putting a lot of strain on its infrastructure and staff, and it was also leading to manhandling of doctors by patients or their attendants.

The bench, however, was unimpressed by the contention and had asked, "Who is responsible for this? The courts? Or is it mismanagement? If you cannot manage then stop the facilities." 

The bench had said that the government ought to have evaluated the shortcomings and taken steps to rectify them, instead of taking away the rights of others by changing the manner in which they are provided treatment.

The NGO, in its plea filed through advocate Ashok Agarwal, had opposed the pilot project initiated by the Delhi government at the Guru Teg Bahadur Hospital.

It had challenged the October 1 circular issued by the government, claiming that it denies treatment to non-residents at the GTB Hospital.

Agarwal argued before the court that thousands of patients coming from outside Delhi and those not possessing a voter ID card of Delhi were being denied treatment at the hospital subsequent to the issuance of the circular.

The NGO, in its plea, had said that the hospital cannot discriminate against patients based on their regional identity and added that such discrimination was not seen anywhere else in the country.

The proposal to give preference to residents of Delhi at the GTB Hospital in east Delhi's Dilshad Garden was approved in August by Chief Minister Arvind Kejriwal.

Under the pilot project, residents of Delhi get preference at registration counters, in-patient department, tests and medicine counter service and identification is done on the basis of voter identity card.

Read more »

Hello Jammu News at 4:35:00 PM 0

New Delhi, Sep 15: The Delhi High Court was told by the police Friday that it has installed around 4,388 CCTV cameras in vulnerable areas of the national capital to ensure safety and security of women.

The Delhi Police made the submission in an affidavit filed in response to a public interest litigation (PIL) moved in March this year by some lawyers for safety of women after a few women complained about "urine and semen-filled" balloons allegedly being hurled at them in and around North Campus of Delhi University.

The petitioner lawyers have sought formulation of guidelines to ensure safety of women during occasions such as Holi and New Year.

The affidavit of the Delhi Police was placed before a bench of Chief Justice Rajendra Menon and Justice V K Rao which did not hear the matter on Friday as one of the judges was not available.

The court had on May 16 directed the police to indicate the status regarding installation of close circuit television (CCTV) cameras in the city.

The police in its affidavit has also said that in the alleged incident regarding throwing of a "urine-filled balloon" at a woman in the campus area, the "complainant did not cooperate" and therefore, the case was marked as "untraced".

With regard to the alleged throwing of a "semen-filled balloon", the police has said that the Forensic Science Laboratory (FSL) did not find any trace of semen on the complainant women's clothes.

It said that it had arrested one person in March this year in connection with the second incident, but he was released on bail, adding that a charge sheet will be filed in the matter.

Police said it was imparting self-defence training to women and also conducting programme to empower them.

The petitioners, in their plea, have also sought setting up of women police control rooms (PCRs), increase in the number of women police booths and an anonymous drop box for written complaints, claiming that complainants are often bullied and harassed. (PTI)
Read more »

Hello Jammu News at 1:01:00 PM 0


New Delhi, Sep 12 : Daily change in fuel prices was a "economic policy decision" of the central government and the courts must remain away from it, the Delhi High Court said Wednesday.
A bench of Chief Justice Rajendra Menon and Justice V K Rao made it clear it was not inclined to interfere with the government's decision, saying "there are larger economic issues" involved.

"It is an economic policy matter of the government. There are larger economic issues. The courts must remain away from it. Government may do it (fix a fair price). We cannot issue a mandamus (direction) to them to do it," the court said.

The bench was hearing a PIL by Delhi-based designer, Puja Mahajan, challenging the daily rise in fuel rates and seeking a direction to the Centre to fix a fair price for petrol and diesel by treating them as essential commodities.

The petition, filed through advocate A Maitri, also claimed that Mahajan''s representation to the central government on the issue has not yet been decided.

The court, thereafter, directed the central government to decide the representation within four weeks and listed the matter for hearing on November 16.

The petition has alleged that the government had "indirectly given implied consent" to oil marketing companies (OMCs) to hike petrol and diesel prices at their own "whims and fancies".

It has claimed that the implied consent was evident from the lack of revision in fuel prices for around 22 days in the run-up to the Karnataka Assembly polls.

The petition has also alleged that the government was spreading "misleading information" by connecting the rising fuel prices here with the global increase in the rate of crude oil as the cost of petrol and diesel did not go down when crude was cheaper.

The petitioner has also said that in July, she had moved a similar plea, which the court had disposed of by asking the Centre to treat it as a representation and take a decision.

However, since the government had not taken a decision till date on her representation, she filed the present petition, the plea has said.PTI
Read more »
Subscribe to: Posts (Atom)