Page 48 - Delhi High Court

SC upholds HC cap order on visits by prisoners' families, legal advisers

Here's a lowdown on the important cases heard in the Supreme Court and the Delhi High Court today

HC keeps abeyance in CBI, DRI inquiry of over-invoicing by Adani group

The Delhi High Court has kept in abeyance its order asking the CBI and the Directorate of Revenue Intelligence (DRI) to meticulously and expeditiously look into allegations of over-invoicing of imports by the Adani Group. A bench of Justices Suresh Kumar Kait and Neena Bansal Krishna, while noting in its January 5 order that a petition filed by the Commissioner of Customs (Import) in a matter involving Adani Power Maharashtra Limited is pending before the Supreme Court, said its December 19, 2023 directions to the CBI and DRI in respect of Adani Group firms be kept in abeyance until the outcome of the matter before the top court. On December 19, 2023, the high court had directed the two federal probe agencies to meticulously and expeditiously look into the allegations of over-invoicing of imports by various power generating companies in India, including the Adani Group and the Essar Group, to ascertain the factual position and take appropriate action against the erring ...

SC grants bail to children of Delhi govt officer in minor's assault case

The Supreme Court has granted anticipatory bail to the daughter and son of suspended Delhi government officer Premoday Khakha in a case of alleged sexual assault of a minor girl by the arrested official. A bench of Justices CT Ravikumar and Rajesh Bindal granted the relief, noting that the petitioners have joined the investigation. "After going through the statement, and hearing learned counsel on both sides and after perusing the material on record, we are of the view that these Special Leave Petitions can be disposed of, directing the release of the petitioners on bail in the event of their arrest on furnishing a bond of Rs 25,000, subject to the satisfaction of the Investigating Officer and further subject to the conditions stipulated under section 438(2), CrPC," the bench said in an order on Monday. Advocates Shubhashis R Soren and Bhakti Singh appeared for the petitioners. The Delhi High Court on October 11 last year had refused to grant anticipatory bail to the daughter and

Excise policy scam: HC asks ED to respond to Sanjay Singh's bail plea

The Delhi High Court on Monday sought response of the Enforcement Directorate (ED) on a bail plea by AAP MP Sanjay Singh, arrested in a money laundering case related to the Delhi excise policy 'scam'. Justice Swarana Kanta Sharma issued notice to the investigating agency and listed the matter for further hearing on January 29. The Rajya Sabha member, arrested by the ED on October 4 last year, has challenged a trial court's December 22 order dismissing his bail plea in the money laundering case. Senior advocate Mohit Mathur, appearing for Singh, submitted that the senior AAP leader has been in custody for last three months and no role has been attributed to him in the predicate offence. The ED has alleged that Singh played a key role in the formulation and implementation of the now-scrapped excise policy, which benefited certain liquor manufacturers, wholesalers and retailers, for monetary consideration.

E-commerce platforms can't become haven for counterfeiters: Delhi HC

An e-commerce platform cannot become a haven for infringers of intellectual property and have such a system which provides an avenue to counterfeiters, the Delhi High Court has said. The court observed that e-commerce websites are commercial ventures and are inherently profit oriented, which is not objectionable, but they have to protect intellectual property rights of others. "An e-commerce platform cannot become a haven for infringers. Men are not angels. Where easy money is visible, the conscience at times takes a nap," said Justice C Hari Shankar in a recent order. "E-commerce websites are commercial ventures, and are inherently profit oriented. There is, of course, nothing objectionable in this; but, while ensuring their highest returns, such websites have also to sedulously protect intellectual property rights of others. They cannot, with a view to further their financial gains, put in place a protocol by which infringers and counterfeiters are provided an avenue to infringe a

Delhi HC directs GNCTD to release amount to PWD for 6 new school buildings

The court's action came after a petition from the NGO Social Jurist highlighted that the buildings were not being used due to pending dues

HC allows widow suffering from mental trauma to terminate 27-week pregnancy

'The widow should be permitted to terminate her pregnancy because allowing her to continue with the pregnancy can impair her mental stability,' said the Delhi High Court

Excise policy case: HC extends Arun Pillai's interim bail till January 8

Pillai was arrested by the ED in March 2023 in connection with the Delhi excise policy scam

AAP's Sanjay Singh moves bail plea in Delhi HC in excise policy case

The Aam Aadmi Party's senior leader Sanjay Singh on Thursday moved Delhi High Court seeking bail in a money laundering case linked to the Delhi excise policy scam case

Delhi HC directs Vivo executives to not leave country, furnish undertaking

The three executives arrested by the ED in December last year are CEO of Vivo India Hong Xuquan, Chief Financial Officer Harinder Dahiya, and consultant Hemant Munjal

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 ...