Page 39 - Delhi High Court

CM Arvind Kejriwal moves Delhi HC against arrest in excise policy case

The ED had arrested Kejriwal hours after the high court refused to grant him protection from coercive action by the central anti-money laundering agency

Delhi HC admits CBI's appeal challenging acquittals in 2G scam case

The Delhi High Court Friday admitted a CBI appeal against the acquittal of former telecom minister A Raja and 16 others in the 2G spectrum allocation scam case, paving the way for hearing in the matter six years after the plea was filed by the agency. Admitting the Central Bureau of Investigation (CBI) appeal, the high court said there are "some contradictions" in the trial court's judgment which require "deeper examination". It granted the CBI "leave to appeal", saying the probe agency has made out arguable points. "Leave to appeal" is a formal permission granted by a court to a party to challenge a decision in a higher court. "The court on the basis of material on record, and after going through the sworn testimonies, material on record, impugned judgment and the submissions made at bar by both the parties has reached on an objective satisfaction that there is a prima facie case which requires deeper examination and re-appreciation/re-appraisal of entire evidence," Justice Dinesh

PIL in Delhi HC seeks removal of Arvind Kejriwal as CM following arrest

A PIL was filed in the Delhi High Court on Friday seeking AAP leader Arvind Kejriwal's removal from the post of chief minister following his arrest by the Enforcement Directorate in an excise policy-linked money laundering case. According to court sources, the petition has some defects and will be listed for hearing once these are cured. In his petition, Surjit Singh Yadav demanded that the Centre, Delhi government and the principal secretary to the lieutenant governor be asked to explain under what authority Kejriwal is holding the post of chief minister. The petitioner also sought Kejriwal's removal. The plea said Kejriwal has been arrested by the Enforcement Directorate on March 21 in the money laundering case related to the alleged liquor policy scam and referred to the Delhi High Court's decision not to grant interim protection to him from coercive action in the case. The ED has produced Kejriwal in a court and sought his 10-day custody. The hearing is underway.

SC transfers batch of pending pleas against IT rules 2021 to Delhi HC

The Supreme Court on Friday transferred to the Delhi High Court a batch of pleas pending before different high courts across the country challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra noted that several petitions were pending on the issue before different high courts including Karnataka, Madras, Calcutta, Kerala and Bombay high courts. "In order to avoid contradictory judgments, the Union of India would wish to have all matters consolidated for analogous hearing. Since a large number of these cases are pending consideration before the Delhi High Court, we deem it appropriate to transfer the matters in various HCs to the Delhi HC," the bench said. The top court directed that all relevant paper books shall be transferred by the high courts to the Delhi High Court within four days. The apex court passed the order on a transfer petition moved by the Union of India f

HC set to pass order on Cong's pleas against tax re-assessment exercise

The Delhi High Court will pronounce its order on Friday on the Congress party challenging the reassessment proceedings against it by the Income Tax Department. A bench of Justices Yashwant Varma and Purushaindra Kumar Kaurav is scheduled to pass its verdict at 2:15 PM. The high court had reserved its order on March 20 on the pleas filed by the political party against the tax reassessment proceedings initiated against it by the authorities for three successive years, that is, 2014-15, 2015-16 and 2016-17. The party has contested the reassessment proceedings, claiming they were barred by limitation. Senior advocate Abhishek Singhvi, representing the Congress party, had submitted that tax reassessment proceedings are barred by limitation and the I-T department could have gone back to a maximum of six assessment years. The I-T department, however, asserted there was no violation of any statutory provision by the tax authority and that as per the material recovered, the "escaped" incom

HC admits CBI's appeal challenging acquittal of A Raja, others in 2G scam

The Delhi High Court on Friday admitted the CBI's appeal challenging acquittal of former telecom minister A Raja, firms and others in the 2G spectrum allocation scam case. Justice Dinesh Kumar Sharma said on the basis of the material on record and the submissions made by the lawyers for the parties, a prima facie case is made out by the CBI which requires deeper examination and the appeal needs to be heard in detail. "Leave to appeal is granted. List the appeal for hearing in May," the judge said. The high court passed the judgement on CBI's "leave to appeal", paving the way for dealing with the appeal on merits against the trial court's verdict. The appeal was filed by the CBI in 2018. "Leave to appeal" is a formal permission granted by a court to a party to challenge a decision in a higher court. The judge had reserved his decision on this aspect on March 14. The special court had, on December 21, 2017, acquitted Raja, DMK MP Kanimozhi and others in the CBI and ED cases relate

AAP leader Gopal Rai calls for nationwide protest against Kejriwal's arrest

The AAP's Delhi unit convenor Gopal Rai gave a call on Thursday for a nationwide protest against the BJP following Chief Minister Arvind Kejriwal's arrest by the Enforcement Directorate (ED). Rai said Kejriwal's arrest is the "murder of democracy" and an "announcement of dictatorship". The ED arrested Kejriwal in an excise policy-linked money-laundering case on Thursday evening and took him to the agency's headquarters here, officials said. The arrest, the first of a sitting chief minister, came hours after the Delhi High Court refused to grant protection to the AAP national convenor from any coercive action by the federal agency. "I appeal to the countrymen to protest outside BJP offices across the country against this dictatorship. We will gather at the AAP office at 10 am on Friday and then protest outside the BJP headquarters," Rai, a minister in the Delhi government, said. "If Kejriwal can be arrested, anyone can be arrested and their voice can be suppressed. From today, the

Kejriwal arrested in excise policy-linked money laundering case: A timeline

CM Kejriwal will now appeal to SC on Friday seeking an urgent hearing of his petition for protection from any coercive action by the ED

Excise policy case: Enforcement Directorate arrests Delhi CM Kejriwal

Arvind Kejriwal is and will remain the Chief Minister of Delhi, says AAP's Atishi after his arrest

Excise scam: HC to hear Kejriwal's plea for protection from coercive action

The Delhi High Court will on Thursday hear Chief Minister Arvind Kejriwal's plea seeking protection from coercive action in an excise policy-linked money-laundering case. A bench headed by justices Suresh Kumar Kait and Manoj Jain passed over his plea after the AAP leader's counsel requested that the matter be taken up after some time. The application for interim relief forms part of Kejriwal's petition challenging the summonses issued to him for questioning by the Enforcement Directorate. Kejriwal has moved the court in the wake of the latest summons, the ninth issued by the ED, asking him to appear before it on Thursday. He has repeatedly refused to appear before the agency, calling the summonses illegal. On Wednesday, the court had asked him why he was not appearing before the agency. Senior advocate Abhishek Singhvi, representing the petitioner in the matter, had then said his client would appear before the ED but protection from coercive action was required because of the ..

Kejriwal moves plea in HC, seeks no coercive action in excise policy case

According to the ED's last summon in the Excise Case, the financial probe agency has called him to appear before it on March 21, 2024

Whatever decision court delivers, we will accept it: AAP's Sandeep Pathak

Meanwhile, the Delhi High Court on Wednesday sought a response from the Enforcement Directorate (ED) on a plea moved by Delhi Chief Minister Arvind Kejriwal against several summons

Excise 'scam': HC seeks ED's stand on Kejriwal's plea against summons

The Delhi High Court on Wednesday sought the stand of the Enforcement Directorate on a petition by Chief Minister Arvind Kejriwal challenging the summons issued to him in an excise policy-linked money laundering case. The investigating agency claimed the petition of the AAP national convenor, which also challenges certain provisions of the Prevention of Money Laundering Act, was not maintainable. A bench headed by Justice Suresh Kumar Kait granted two weeks' time to the ED to file its reply on this aspect. Kejriwal has moved the court in the wake of the latest summons, the ninth issued by the ED asking him to appear before it on March 21 for questioning under the provisions of PMLA. Senior advocate AM Singhvi, appearing for Kejriwal, said the petition raises several issues, including whether a political party is covered by the anti-money laundering law. The court also asked the AAP leader why he was not appearing pursuant to the summons to him. The senior lawyer for the petitione

Land for Job case: Delhi HC refuses to cancel interim bail of Amit Katyal

Amit Katyal is an accused in a money laundering case in which former Bihar Chief Minister Rabri Devi and her two daughters are also accused

Congress moves Delhi HC against I-T dept's re-assessment proceedings

The Indian National Congress (INC) Party on Tuesday moved the Delhi High Court against the Income Tax Department order opening assessment proceedings of three years.

Centre likely to drag defaulters of FAME scheme to Delhi High Court

In addition to taking legal action in court, the ministry is also "debarring" these OEMs from participating in any other government schemes administered by the ministry

Centre seeks more time to frame policy on online sale of medicines

The Centre has urged the Delhi High Court to grant some time to frame a policy on the online sale of medicines on the grounds that the issue was "complex" and any modification in the manner of sale of drugs would have far-reaching consequences. The high court granted the Union Ministry of Health and Family Welfare four months as a last and final opportunity to frame the policy. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora made clear that "if the draft policy is not prepared before the next date of hearing, this court will have no other option but to proceed ahead with the matter". The high court, which was hearing several petitions seeking a ban on the "illegal" sale of drugs online and challenging the draft rules published by the ministry to further amend the Drugs and Cosmetics Rules, listed the matter for further hearing on July 8. It had earlier asked the Centre to file a status report on the petitions. During the recent hearing, the joint secretary of

HC appoints former SC judge Ramasubramanian as observer for JNUSU polls

The Delhi High Court has appointed former Supreme Court judge V Ramasubramanian as an 'observer' to exercise oversight over the activities of the election committee constituted for the Jawaharlal Nehru University Students Union elections for the 2023-24 academic year. Dealing with a petition filed by a student, Justice Sachin Datta also asked the grievance redressal cell set up in terms of the Lyngdoh Committee recommendations to examine and pass an order on grievances concerning the constitution of the election committee before the declaration of the final result. "In case it is found that the constitution of the EC (election committee) is not in consonance with the law and/or with the Lyngdoh Committee recommendations (as approved by the Supreme Court), appropriate consequential orders as regards the impugned elections, would also be passed by the grievance redressal cell," Justice Datta said in an order passed on Friday. "Respective counsel for the parties are also in agreement .

HC rejects plea claiming princely rights over land between Yamuna, Ganga

The Delhi High Court on Thursday dismissed with Rs 1 lakh costs a plea by a man claiming ownership over the land between rivers Yamuna and Ganga from Agra to Meerut and other places, including 65 revenue estates of Delhi, Gurugram and Uttarakhand. A bench headed by Acting Chief Justice Manmohan said Kunwar Mahender Dhwaj Prasad Singh, who claimed to be the successor of a former 'Raja' and challenged a single-judge's order refusing to grant him any relief on his writ petition, cannot agitate his claim in writ proceedings, that too after 78 years of Independence. The single judge had dismissed his petition with costs of Rs 10,000 in December. The appellant, in appeal, claimed that the land between United Province of Agra running between rivers Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahar, 65 revenue states of Delhi, including Gurgaon and Uttarakhand, came under the "Princely State of Beswan family" and since there was no accession agreement signed between his forefather

Delhi govt fined for challenging order that gave health benefits to worker

The court noted that it was 'surprised' that a government that publicised schemes promoting the interest of women filed such a 'misconceived appeal'