Page 45 - Delhi High Court

Parl security case: HC dismisses Neelam Azad's plea against police remand

The Delhi High Court on Wednesday dismissed a petition by Neelam Azad, an accused arrested in the December 13 Parliament security breach case, seeking her release on ground that her police remand was illegal. A bench headed by Justice Suresh Kumar Kait said the petition was not maintainable. "Petitioner has already moved bail application before the trial court.Present petition is not maintainable and is dismissed accordingly," the bench, also comprising Justice Manoj Jain said. Azad's lawyer argued that the police custody was in violation of the provisions of the Constitution as she was not allowed to consult a legal practitioner of her choice to defend her during the trial court proceedings. During the hearing, the high court said no such grounds of violation of her fundamental rights was made out. In her petition seeking a writ of habeas corpus directing her production before the high court as well as an order to "set her at liberty", Azad said not allowing her to consult a lawy

Delhi LG Saxena approves higher pay scale to assistant public prosecutors

Lieutenant Governor V K Saxena has approved a proposal to grant higher revised pay scale to assistant public prosecutors working under the Directorate of Prosecution in Delhi government, Raj Niwas officials said on Monday. The assistant public prosecutors (APPs) will also get all consequential benefits with effect from September 3, 2015. The APPs will now get 'Pay Band 3' with grade pay of Rs 5,400, the officials said. The existing pay scale for the APPs is in the 'Pay Band 2' with grade pay of Rs 4,800. The proposal for revising the pay scale was placed after the Home Department examined the matter in consultation with the Finance Department of the Delhi government which concurred with the proposal for implementation of revised scale for APPs, the officials said. The revision of pay scale for APPs came after protracted litigations in the Delhi High Court involving the Delhi government and others and correspondence involving Union Ministry of Home Affairs and the LG Secretariat.

Celebrities fought legal battles in HC; Court upheld 'Agnipath' in 2023

High-profile legal battles involving political luminaries, Bollywood celebrities and corporate bosses unfolded in the Delhi High Court in 2023 and kept it abuzz with activity. Amid the unrelenting cut and thrust of these battles, the Delhi High Court also gave the thumbs up for the Modi government's Agnipath scheme, launched in June 2022 for recruiting soldiers, sailors and airmen for a four-year period. The scheme, which envisaged an overhaul of India's fighting machine, making it sturdier with the induction of young people aged 17.5 and 21 years, was reviled by its detractors, got resounding endorsement from supporters, and upheld by the court. The high court also saw skirmishes involving media entities over alleged violation of Indian laws. From the Gandhis of the Congress to a host of beleaguered Aam Aadmi Party (AAP) leaders like former Delhi Deputy Chief Minister Manish Sisodia, Raghav Chadha and Satyendar Jain knocked on its door for relief in matters that ranged from allege

Parl security breach: HC denies urgent hearing on plea moved by Neelam Azad

Neelam Azad, through Lawyer Advocate Suresh Kumar, alleged that her arrest was illegal and in contravention of Article 22(1) of the Consitution

ED exempted from RTI but can inform on human right violations: Delhi HC

The Enforcement Directorate is exempted from the scope of the Right to Information (RTI) Act but it can be directed to supply information concerning human rights violations, which includes allegations of sexual harassment, the Delhi High Court has held. The court passed the order while dealing with two petitions by the Enforcement Directorate (ED) challenging two orders of the Central Information Commission (CIC) directing disclosure of certain information to RTI applicants. While one of the applicants sought administrative information pertaining to recruitment rules, the other -- a legal adviser to the ED--wanted information related to allegations of sexual harassment made by her. Justice Prathiba M Singh set aside the CIC order passed in the first instance but directed the agency to disclose the information sought by the RTI Applicant in the second case within eight weeks. "The ED is exempted under Section 24 of the RTI Act, 2005 from disclosing the said information (on recruitme

HC refuses to direct Trai to furnish tapping info to mobile user under RTI

The Delhi High Court has set aside an order upholding the Central Information Commission's (CIC) direction to telecom regulator TRAI to collect and furnish information under RTI proceedings about the alleged tapping of a mobile user's phone. A bench headed by Justice Vibhu Bakhru allowed an appeal filed by the Telecom Regulatory Authority of India (TRAI) against a single-judge bench order and said an act of surveillance is carried out under the government's directions and in the interest of the country's sovereignty and integrity, the security of the State, friendly relations with foreign states or public order, or for preventing incitement to the commission of an offence, and is exempted under the Right to Information (RTI) Act. "Any orders passed by the government concerned in relation to interception or tapping or tracking of a phone is passed when the authorised officer is satisfied that it is necessary or expedient to do so in the interest of the sovereignty and integrity of ...

Parl security breach case: Court extends custodial remand of Lalit Jha

The Patiala House Court of Delhi on Friday extended the custodial remand of accused Lalit Jha by a further 14 days in the Parliament security breach case

Parl security breach: HC to hear plea on supply of FIR copy to accused

The Delhi High Court on Friday agreed to list for hearing during the day a plea by the city police challenging a trial court order directing it to supply a copy of the FIR to an accused in the Parliament security breach case. The matter was mentioned for hearing before a bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna by the counsel for the police. "We arrested four accused persons. In sensitive matters where we don't provide a copy of the FIR, they have to approach the commissioner. (Trial court), however, directed that we supply a copy," the lawyer said. "List it today if in order," Justice Manmohan said. On Thursday, Special Judge Hardeep Kaur extended till January 5 the custody of four accused -- Manoranjan D, Sagar Sharma, Amol Dhanraj Shinde and Neelam Devi -- arrested in the Parliament security breach case. On an application by Neelam, the trial court also directed the Investigating Officer (IO) to hand over a copy of the FIR to her counsel. "The concerne

Delhi HC asks EC to 'act' against Rahul Gandhi over 'pickpockets' remark

The Delhi High Court on Thursday asked the Election Commission of India to take a decision as expeditiously as possible, preferably within eight weeks, on a notice sent it has issued to Congress leader Rahul Gandhi for his alleged "pickpocket" jibe at Prime Minister Narendra Modi made during a speech delivered last month. The court was hearing a public interest litigation seeking action against Gandhi as well as formulation of guidelines to prevent such "malpractice" by political leaders. A bench headed by Acting Chief Justice Manmohan observed that although the alleged statements are "not in good taste", the Election Commission (EC) was examining the matter and has even issued a notice to Gandhi. "Considering that deadline for filing reply is over and no reply has been received, the court directs EC to decide the matter as expeditiously as possible preferably within 8 weeks," the bench, also comprising Justice Mini Pushkarna, ordered. The court noted that in the notice sent on ...

HC asks Centre to consider representation for linking property with Aadhaar

The Delhi High Court Thursday asked the Centre to consider as representation a plea seeking linking of immovable and movable property documents of citizens with their Aadhaar numbers to curb corruption, black money generation, and 'benami' transactions. A bench of justices Rajiv Shakdher and Girish Kathpalia said these are policy decisions and courts cannot ask the government to do this. It said the representation shall be decided by the government within three months. "How the courts can get into all this. These are policy decisions, how the courts can tell them to do this. Prima facie, what I don't understand is that these are the areas we don't have the complete picture or data, what are the various aspects that may emerge... Best is to let them treat it as a representation and let them decide," Justice Shakdher said. The court was hearing a petition by lawyer Ashwini Kumar Upadhyay, who said it is the duty of the state to take appropriate steps to curb corruption and seize ...

Cash for query: Delhi HC reserves order on Mahua Moitra's defamation plea

The Delhi High Court Wednesday reserved its order on an interim plea by Trinamool Congress (TMC) leader Mahua Moitra, who was recently expelled from the Lok Sabha, seeking to restrain BJP MP Nishikant Dubey and advocate Jai Anant Dehadrai from posting or circulating any alleged fake and defamatory content against her. The high court reserved its order on the interim application after hearing the counsel for Moitra, Dubey and Dehadrai. It sought to know from the counsel for the defendants if there was any quid pro quo between Moitra, who was recently expelled from the Lok Sabha, and businessman Darshan Hiranandani. The expelled Lok Sabha member from Krishnanagar in West Bengal had, in her plea filed in October, sought permanent injunction against Dubey, Dehadrai, social media platforms X, search engine Google, YouTube and 15 media houses, and wanted them to be restrained them from making, publishing, circulating defamatory, ex facie false and malicious statements against her. She ha

Delhi HC directs Centre, CBI to look into over invoicing of coal imports

The petitioners stated that the erring companies import coal and equipment directly to India but the invoicing is done by a firm abroad, and such firms are controlled by promoters in India

Public should be aware of SpiceJet's inability to pay dues, says Delhi HC

The airline was also asked to submit an affidavit outlining a plan for the return of the engines to two engine lessors, Team France 01 SAS and Sunbird France 02 SAS

Will hear Mahua's plea against move to oust her from residence on Jan 4: HC

The Delhi High Court on Tuesday said it would hear on January 4 a plea by Trinamool Congress leader Mahua Moitra challenging cancellation of her government accommodation, noting that the Supreme Court is scheduled to hear on January 3 her plea against expulsion from the Lok Sabha. Justice Subramonium Prasad, before whom the plea came up for hearing, adjourned it. As the counsel for Moitra urged the court to direct the Directorate of Estates to file a reply to the petition before January 4, the high court said it would consider it on the next date only. The petition has urged that the Directorate of Estates' December 11 order be set aside or, in the alternative, Moitra be allowed to retain possession of the accommodation till the results of the 2024 Lok Sabha elections are declared. Senior advocate Pinaki Misra, appearing for Moitra, submitted that the petitioner was only seeking to retain possession of the government accommodation till May 31, 2024. The Directorate of Estates was

Google vs MakeMyTrip trademark case: A curious case of 'confusion'

The order has opened up a new debate on trademark infringement in the digital realm, revolving around whether it can create confusion among users

Delhi HC refuses to entertain PIL seeking implementation of Women's Bill

The court noted that a similar, identical matter is already being examined by the Apex Court.

Delhi HC refuses to quash charges in 2017 Haryana judicial paper leak case

The Delhi High Court has refused to quash charges framed against a former Punjab and Haryana High Court official in a case relating to the alleged leak of the 2017 Haryana Civil Services (judicial) preliminary examination paper. The HC said that in cases where digital or electronic evidence is available, the prosecution's case cannot be thrown at the initial stage. The record indicated that petitioner-accused Dr Balwinder Kumar Sharma, who was then the registrar (recruitment) of the Punjab and Haryana High Court, was in possession of the question paper immediately before the alleged leakage. "The case is of a very sensitive nature and the evidence which is required to be led for the purpose of proving the case is either digital or documentary in nature," Justice Dinesh Kumar Sharma said. The high court further said the jurisdiction of the court while entertaining the revision petition is also very limited, and it can interfere in the challenged order only if there is any serious ..

HC seeks Delhi Police stand on petition alleging illegal arrest, torture

The Delhi High Court has sought the stand of the city police on a petition seeking enquiry and action against its officers for alleged illegal arrest, physical assault and torture of a man apprehended in a case of attempted murder last month. Justice Vikas Mahajan issued notice on the petition by the wife of the alleged victim claiming "police transgressions" and directed that relevant CCTV footage, including those from the police station concerned, be preserved and placed on record. The petitioner has alleged her husband was "illegally" arrested around 1 AM on November 16 by a team of police officials in mufti who did not present a warrant of arrest, notice or documentation, and was subjected to physical abuse and public humiliation. "Issue notice. Let the status report be filed before the next date," the court said in its order dated December 12. "It is directed that the CCTV footages of all the cameras specified shall be preserved and the same may be placed on record before the

Go First resolution professional, lessors in talks to maintain aircraft

Advocate Diwakar Maheshwari, appearing for the RP, told the court that they are in talks with the lessors, one of which is SMBC Aviation Capital, to maintain the aircraft

Delhi HC asks Centre to respond to AAP's plea to allot land for its offices

Delhi High Court on Tuesday sought the Centre's response on a plea by the AAP seeking allotment of land in the national capital for construction of its offices, having been recognised as a national party. Justice Subramonium Prasad issued a notice to the Union Ministry of Housing and Urban Affairs and the Land and Development Officer, asking them to file their replies to the petition. The court listed the matter for further hearing on March 23. According to the Centre's policies and the fact that land has been allotted to all other national parties for construction of office premises in central locations of New Delhi, it is incumbent upon the respondents to ensure that a similar allotment is made in favour of the petitioner, as per its entitlement, the AAP said in its petition. The AAP claimed it is entitled to a total area of 1,000 square metres for construction of offices for its national and Delhi units in view of the policies issued by the Union ministry. "The memorandum (of t