Page 7 - Courts

Can't allow inadequate prison healthcare system to violate right: HC

Courts cannot allow an inadequate prison healthcare system to violate an inmate's right to timely medical care, the Delhi High Court held while directing the city government to ensure that proper medical infrastructure is maintained in jails here. Observing that the Delhi government is responsible for the management and maintenance of prison premises here, the high court directed authorities to ensure that healthcare requirements of jail inmates are met. The court also directed the secretary of the Delhi government's health and family welfare department to constitute a committee, which, apart from him, will include the director general (prisons), chief medical officer (CMO) of Delhi Prisons, two senior jail visiting judges of district courts to be nominated by the principal district and sessions judge (central district), secretary of the DSLSA and two advocates. The committee, the high court said, will give suggestions to it within one month regarding improving healthcare facilities

Morbi bridge collapse: HC rejects bail plea of Oreva Group CMD Patel

The Gujarat High Court on Tuesday rejected the regular bail plea of Oreva Group CMD Jaysukh Patel, the main accused in the October 2022 Morbi suspension bridge collapse which claimed 135 lives. "The application is dismissed," Justice Divyesh Joshi said while denying bail to Patel, who has been behind bars since his surrender in January this year after being named as the main accused in the case. His regular bail pleas were earlier rejected by lower courts. Patel's firm was responsible for the operation and maintenance of the British-era suspension bridge on the Machchhu river in Gujarat's Morbi town which collapsed on October 30 last year, killing 135 people, including children, and injuring 56 others. Patel and nine others have been charged under Indian Penal Code sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), 336 (act which endangers human life), 337 (causing hurt to any person by doing any rash or negligent act) and 338 (caus

Rahul Gandhi summoned to appear in UP court on Jan 6 in Amit Shah case

The MP-MLA Court here on Saturday summoned Congress leader Rahul Gandhi on January 6 in a case in which has been accused of making certain remarks against Union Home Minister Amit Shah, a counsel said. The court had earlier directed Gandhi to appear on Saturday but he did not appear. The case stems from a lawsuit filed on August 4, 2018 by Bharatiya Janata Party leader Vijay Mishra in which he accused Rahul Gandhi of making objectionable remarks against Amit Shah. Mishra's advocate Santosh Pandey said that the MP-MLA court of Sultanpur had summoned Gandhi on December 16 in the case, but he did not appear. Pandey said that on November 18, Judge Yogesh Yadav after arguments reserved the verdict and posted the next hearing for November 27 and summoned Gandhi to appear on December 16. Mishra is a former chairman of a cooperative bank and a resident of Hanumanganj.

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479 rural courts notified across India but 284 operational: Govt to LS

As many as 284 gram nyayalayas (rural courts) are functional across the country out of 479 notified by different states, according to data shared by the government in the Lok Sabha on Friday. The Gram Nyayalayas Act was enacted in 2008 to provide access to justice to citizen at their doorstep. According to the law, it is not mandatory for states to set up such court, Law Minister Arjun Ram Meghwal said in a written reply to a question. Citing the law, he said the state governments are responsible for establishing gram nyayalayas in consultation with the respective high courts. "The state governments, after consultation with the respective HCs may, by notification establish one or more Gram Nyayalayas for every panchayat at intermediate level or a group of contiguous panchayats at intermediate level in a district or where there is no panchayat at intermediate level in any state, for a group of contiguous gram panchayats," he said. The minister said it is up to the states to set up

Retd judges keeping country's arbitral system in tight-fist grip: Dhankhar

Vice President Jagdeep Dhankhar lamented on Saturday that retired judges have kept the country's arbitral system in a "tight-fist grip", denying a chance to other qualified minds, and echoed the remarks of Chief Justice of India D Y Chandrachud that it resembles an "old boys' club". Dhankhar suggested that the time has come when people need to introspect and move forward by bringing about necessary changes, including, if required, by legislation. "Nowhere on the planet, in no other country, in no other system there is such a tight-fist grip on the arbitral system by retired judges. In our country, this is at large," he said. The vice president lauded the "bold" remarks of Justice Chandrachud -- a person, he said, is changing the landscape of the judiciary in the country -- on the arbitral system in India. Dhankhar said the CJI reflected on the lack of diversity in appointing arbitrators. Justice Chandrachud had said retired judges dominate the field, he pointed out. "He goes on to

Zuckerberg vetoed ban on certain filters despite concerns for kids: Lawsuit

The suit, initially filed in federal court in Oakland last month, added to growing scrutiny of social media giants over how they serve their youngest users

Citizens should not be afraid of approaching courts: CJI Chandrachud

The Supreme Court has acted as a "people's court" and citizens should not be afraid of going to courts or view it as the last resort, Chief Justice of India (CJI) D Y Chandrachud said on Sunday. Justice Chandrachud said just as the Constitution allows us to resolve political differences through established democratic institutions and processes, the courts system helps in resolving many disagreements through established principles and processes. "In this way, every case in every court in the country is an extension of constitutional governance," the CJI said while speaking at the inauguration of the Constitution Day celebrations at the apex court. President Droupadi Murmu delivered the inaugural address at the programme, which was also attended by apex court judges Justice Sanjay Kishan Kaul and Justice Sanjiv Khanna, Law Minister Arjun Ram Meghwal and others. In his address, the CJI said, "In the last seven decades, the Supreme Court of India has acted as a people's court. Thousand

Judge lifts gag order that barred Donald Trump from maligning court staff

A New York appeals court judge has paused a gag order that barred Donald Trump from commenting on court staffers in his civil fraud trial. The trial judge had imposed the gag order last month and later fined Trump USD 15,000 for violations after the former president made a disparaging social media post about a court clerk. In his decision, Judge David Friedman of the state's intermediate appeals court cited constitutional concerns about restricting Trump's free speech. He issued a stay of the gag order, allowing Trump to comment freely about court staff while a longer appeals process plays out. Trump's lawyers filed a lawsuit against the trial judge, Arthur Engoron, late Wednesday challenging the gag order as an abuse of power. Friedman scheduled an emergency hearing Thursday afternoon around a conference table in a state appellate courthouse a couple of miles from where the trial is unfolding. Trump's lawyers had asked the appeals judge to scrap the gag order and fines imposed by

Constitutional Court should avoid fixing time-bound schedule cases: SC

Constitutional Court should avoid fixing a time-bound schedule for disposal of any case before any court unless the situation is extraordinary, the Supreme Court said while refusing to entertain a plea seeking a direction for disposal of a criminal matter within a fixed time. A bench of Justices Abhay S Oka and Pankaj Mithal said that in every high court and especially the bigger ones, there are filed a large number of bail petitions and therefore, some delay in the disposal of such petitions is inevitable. "We are of the view that since every high court and every court in the country has a huge pendency, the Constitutional Court should avoid the temptation of fixing a time-bound schedule for disposal of any case before any court unless the situation is extraordinary," the bench said. The top court was hearing a plea filed by Shaikh Uzma Feroz Hussain seeking a direction to the Maharashtra High Court to decide his bail plea in a time-bound manner. The apex court said if there is an

Apple to pay $25 million to settle discriminatory hiring practices case

Apple has agreed to pay $25 million to settle allegations that it engaged in a pattern of discriminatory hiring practices when filling some of its jobs during 2018 and 2019. The deal announced Thursday resolved a lengthy investigation by the Department of Justice into alleged violations of the Immigration and Nationality Act. Federal regulators said an inquiry that began in 2019 determined that Apple's hiring practices discriminated against U.S. candidates for jobs that were awarded to some immigrant workers seeking to be granted permanent resident status in the country. In some instances, Apple also discriminated against non-U.S. residents, according to the settlement. Apple vehemently denied any wrongdoing in the formal seven-page settlement defended its hiring record in a statement to The Associated Press. Apple proudly employs more than 90,000 people in the United States and continues to invest nationwide, creating millions of jobs," the Cupertino, California, company said. Whe

Court grants Delhi cops time to reply to NewsClick HR head's bail plea

A Delhi court on Saturday granted the city police time till November 17 to respond to the bail application of NewsClick human resources department head Amit Chakravarty in a case lodged under anti-terror law UAPA over allegations that the news portal received money to spread pro-China propaganda. Special Judge Hardeep Kaur adjourned the matter following a request made by the police. The Special Cell of Delhi Police had arrested Chakravarty along with NewsClick founder and editor in-chief Prabir Purkayastha on October 3. Both are currently in judicial custody. According to the FIR, a large amount of funds to the news portal came from China to "disrupt the sovereignty of India" and cause disaffection against the country. It also alleged Purkayastha conspired with a group -- People's Alliance for Democracy and Secularism (PADS) -- to sabotage the electoral process during the 2019 Lok Sabha polls. Raids were conducted at 88 locations in Delhi and seven in other states on October 3 on

Don't want Supreme Court to become 'tarikh-pe-tarikh' court: Chandrachud

Chief Justice of India D Y Chandrachud on Friday urged lawyers not to seek adjournments in fresh matters, saying he does not want the Supreme Court to become a 'tarikh-pe-tarikh' court. At the outset of the day's proceedings, the CJI flagged the issue of lawyers seeking adjournments in fresh matters and said in the last two months adjournment slips were moved in 3,688 matters by advocates. "Unless it is very very necessary, please don't file the adjournment slips...I don't want this court to be a tarikh-pe-tarikh' court," the CJI, who was sharing the bench with justices J B Pardiwala and Manoj Misra, said. "Tarikh-pe-Tarikh" (repeated adjournments) was a famous Sunny Deol dialogue in Bollywood film "Damini" where the actor rued the adjournment culture in courts. The CJI said that now with the help of lawyers' bodies, the time gap in the listing of fresh matters after their filing in the top court has been significantly reduced. He, however, rued the fact that after their listing

2020 Delhi riots: Court acquits man of arson, loot, vandalism charges

A court here has acquitted a man accused in a 2020 Delhi riots case of all charges, including arson, vandalism and loot, saying the prosecution failed to prove beyond a reasonable doubt that a riotous mob was responsible for the incident and that the accused was its part. Additional Sessions Judge Pulastya Pramachala was hearing a case against Sandeep Kumar, who was accused of being a part of an unlawful assembly that looted a house and set ablaze household items and a two-wheeler in the Shiv Vihar locality in Karwal Nagar here on February 25, 2020. The prosecution though established the incident of vandalism, loot and setting ablaze of some household articles and a motorcycle, but it failed to prove a mob being responsible for the same and the presence of accused in such a mob, beyond reasonable doubts, ASJ Pramachala said in a judgment dated October 27. The court said while the complainant had not witnessed the incident, there was a discrepancy in the testimonies of two police ...

Suspect in attack on Salman Rushdie scheduled for trial in January 2024

The accused, Hadi Matar is expected to stand trial on January 8, according to Chautauqua County District Attorney Jason Schmidt

Court extends judicial custody of Purkayastha, Chakravarty till October 25

Purkayastha and Chakravarty were remanded for 10 days to judicial custody in the matter earlier by the court which ended on Friday

Vivo PMLA case: Court sends Lava MD, Chinese national to judicial custody

A court here on Wednesday sent Lava International MD Hari Om Rai and Chinese national Guangwen Kuang to judicial custody till October 30 in a money laundering case against Chinese smartphone maker Vivo. Additional Sessions Judge Devender Kumar Jangala, however, extended by two days the custodial interrogation of co-accused Nitin Garg. The court passed the order on an application moved by the Enforcement Directorate. The three accused were produced before the court on completion of their ED custody granted earlier. They were arrested under the provisions of the Prevention of Money Laundering Act (PMLA). The smartphone company has denied the allegations. Vivo has constantly denied the allegations. We will pursue necessary and appropriate legal recourse, a company representative said in a statement. The ED had raided the Chinese company and individuals linked to it in July last year, claiming to have busted a major money laundering racket involving Chinese nationals and multiple Ind

Vivo PMLA case: Delhi court extends ED custody of accused by two days

A court here on Monday extended by two days the ED custody of three people, including Lava International MD Hari Om Rai, arrested in a money laundering case against Chinese smartphone maker Vivo. Additional Sessions Judge Devender Kumar Jangala extended the custody of Lava mobile company's managing director Rai, Nitin Garg and Chinese national Guangwen Kuang till October 18, saying the Enforcement Directorate (ED) was able to make out the case for grant of further custody remand. The accused were produced before the court on completion of their ED custody granted earlier. There appears to be continuity in the stand taken by Enforcement Directorate with regard to extraction of digital data and the accused persons to be confronted with the same. Therefore, considering the settled principles of law and Delhi High Court Rules, I am of the considered opinion that the Enforcement Directorate is able to make out the case for grant of further custody remand, the judge said. The court direc

NewsClick Row: Court sends Purkayastha, Chakravarty to 10-day custody

They were arrested last week by Delhi Police in a case filed under the anti-terror law UAPA following allegations that News Portal NewsClick received huge money for pro-China propaganda