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Author: Richa Banka

Defamation case against Addl SHO quashed

Dismissing a defamation case by a lawyer against the Additional Station House Officer (SHO) for giving an adverse report against him, a Delhi court said, “It is not defamation if a true incident or report is produced before Court of Law.”Civil Judge Pankaj Sharma rejected the claim of MS Yadav, a lawyer, stating the Additional SHO gave the report while discharging duty.”It is not defamation if a true incident/report is produced before Court of Law. The letter dated 01.05.1998 was in fact issued/published by the society, and defendant no. 1 merely produced it before the court upon directions to file a report regarding a complaint of the plaintiff. The said letter appeared to be filed in good faith and in the discharge of the official duty by defendant…,” the judge said.The case dates back to 1998 when a civil defamation suit was filed by Yadav, a resident of Manocha Housing Society in VikasPuri, against the then Additional SHO, Om Parkash, and AK Chopra, the then secretary of the society, on charges that the duo had lowered his reputation amongst all.The court, while dismissing the claim of Rs 2 lakh as compensation, stated that the officer gave the report in the discharge of his duties.”Despite having an understanding of the law, plaintiff gave a complaint to Addl SHO and did not bother to get it registered as per the procedure. Addl SHO was not duty-bound to act upon an oral complaint by the plaintiff as incharge of the PS is SHO who marks the complaints to his subordinates after it is received in due course as per procedure. Addl SHO/defendant No. 1 is not expected to assume the power of SHO,” the court said.According to the plea, Yadav was asked for Rs 15,000 in 1996 as entry fee when he had shifted in the residential complex. But he refused to pay the amount deeming it to be illegal. On March 21, 1998, BL Madan, president of the society, allegedly threatened to disconnect water supply to the plaintiff and called some outsiders of whom one Mukesh Kumar assaulted the plaintiff.20-YR-OLD MATTER The case dates back to 1998 when a civil defamation suit was filed by MS Yadav, a resident of Manocha Housing Society in VikasPuri, against then Additional SHO Om Parkash.

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Abide by PMMVY: Delhi High Court tells Centre, Delhi

The Delhi High Court has directed the Centre and the Delhi government to strictly abide by the terms of the Pradhan Mantri Matru Vandana Yojana (PMMVY) and Janani Suraksha Yojana on a plea which sought the implementation of the National Food Security Act, 2013, in the slum cluster of Holambi Kalan area of the Capital.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also directed the Centre and Women and Child Development Department, the government of NCT” to ensure that the schemes are strictly and efficiently implemented and all the benefits thereunder are released to the beneficiaries”.The court’s direction comes on the plea which contended that pregnant and lactating women have been facing challenges in getting the cash assistance benefit under the Indira Gandhi Matritva Sahyog Yojana (IGMSY). It sought directions to the respondents to ensure the implementation of the grievance redressal mechanism under the statutory enactment.In its response, the Centre filed an affidavit explaining that the IGMSY for pregnant women and lactating mothers was launched in October 2010, on a pilot basis in 53 districts across the country.Initially, monetary benefit of Rs 4,000 was being disbursed under this scheme which was revised to Rs 6,000 with effect from July 5, 2013, with the enactment of the National Food Security Act, 2013. The scheme was implemented through the state governments and the Union Territories and the performance/proper implementation was directly linked to the governance of the state.”Indira Gandhi Matritva Sahyog Yojana stands substituted by Pradhan Mantri Matru Vandana Yojana (PMMVY) with effect from 1st January, 2017,” the affidavit stated.On the other hand, the government of NCT submitted that there were difficulties with regard to identification of the beneficiaries for want of details of the Aadhaar card and as a result thereof, the same was not linked with their bank accounts.

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Delhi High Court convicts man for rape of minor wife

A letter written by a minor Hindu wife from Nari Niketan to her Muslim husband lodged in jail on charges of kidnapping and raping her, led the Delhi High Court to acquit him of the abduction of his minor wife, though it upheld the sentence for raping his below 15-year-old wife.The story is a perfect plot for a Bollywood flick where a minor Hindu girl falls in love with an adult Muslim man. Both of them decide to marry but their religions were a hurdle. Madly in love, both decide to elope.However, the parents of the girl lodged a missing complaint soon after her disappearance in 2008 and after eight months their daughter was found with the man. When asked, the duo said they married each other and also gave a Nikahnama to prove their relationship.The girl said that she had gone with the accused on her own will. She also refused to go along with her parents following which she was sent to the Nari Niketan. The man was arrested and a chargesheet was filed against him under sections 363(Punishment for kidnapping), 366 (Kidnapping) and 376 (rape).The trial court found Sunil Khan, the accused, guilty and sentenced him to seven years of imprisonment for rape among other sentences. Khan filed a plea against his conviction following which Justice Pratibha Rani found that the girl had gone with her own consent with the accused, so it cannot be called abduction. The court also found that the girl had written letters to the accused while he was in jail. It said that the girl had ultimately agreed to accompany her parents only on the condition that no harm would be caused to her husband.”Her categorical admission that she was in deep love with the convict is also reflected in the letter sent by her to the convict from Nari Niketan, expressing her love and full support to him in the situation they were placed. She even informed him that she had been medically examined to ascertain her bony age, which was estimated to be 18 years,” the court said adding that the investigating officer has not preferred to clarify the situation in this regard.However, the court upheld the sentence awarded to the convict for raping his wife, who was below the age of 15. It modified the sentence for the offence to rigorous imprisonment of two years and since the convict had already served the punishment, he was let free.”It is the case of the prosecution that on the date of leaving the house she was aged about 13 years. Thus, at best, prosecution’s case can be that the convict had physical relations with his wife who was below 15 years of age,” the court said.PARENTS COMPLAINThe parents of the girl lodged a missing complaint soon after her disappearance in 2008 and after eight months their daughter was found with the man.

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Afghan national to stay with wife, not Sewa Sadan: Delhi High Court

In a big relief to an Afghan national, whose visa had expired in 2007, the Delhi High Court has allowed him to stay with his wife instead of a Sewa Sadan — detention centre of the Foreigner Regional Registration Office (FRRO) — till his deportation papers were not ready.The court’s direction comes on a plea filed by Gulfisha, wife of Khan, who had sought that her husband be allowed to stay with her rather than the Sewa Sadan, Lampur, where the foreigners awaiting deportation were kept.A bench of Justice S Muralidhar and Justice I S Mehta directed that Khan be released from the FRRO, Detention Centre on several conditions.The court directed that the biometric details of Khan be recorded by the FRRO. It also said that Khan will provide a local surety of Rs 50,000 along with the local address proof and mobile number.Khan had come to India on December 20, 2006, and his visa was valid till March 9, 2007. On March 22, 2007, he married Gulfisha, an Indian national, and had three children out of the wedlock. He was arrested as he had overstayed in the country without a valid visa but was later granted bail.Following this, a lower court had sentenced him to two months of imprisonment on May 31, 2016, for the offence. However, it was later reduced to a month. Another petition was filed by his wife seeking Khan’s non-deportation which is pending with the court.Appearing for the petitioner, its counsel said that Khan will abide by the orders of deportation as and when they are issued.Appearing for the Centre, its counsel contended that Khan had overstayed in India without a valid visa. It said that Khan is an illegal immigrant awaiting deportation. It also submitted that in terms of the Office Memorandum (OM) issued by Ministry of Home Affairs, the deportation can take place” only after completion of the sentence/court proceedings.While allowing him to stay with his Indian wife till his papers were ready, the bench directed him to furnish a good behaviour report and report to the SHO, Jamia Nagar on the second Saturday of every month.WHAT’S THE PLEAThe Delhi High Court’s direction comes on a plea filed by Gulfisha, wife of Zulmi Khan She pleaded that her husband, who overstayed his visa, be allowed to stay with her rather than at Sewa Sadan, Lampur It’s at Sewa Sadan where foreigners awaiting deportation are kept.

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Plea seeks FIR against Mani Shankar Aiyar

The police should lodge an FIR to investigate a meeting involving former prime minister Manmohan Singh, among others, which was allegedly held at suspended Congress leader Mani Shankar Aiyar’s house to swing the Gujarat elections, an application filed in a Delhi court has stated.The application, filed by BJP leader and advocate Ajay Agarwal, a resident of Jungpura Extension near Aiyar’s house, claimed that on December 6, he saw Hamid Ansari, Manmohan Singh, Sohail Mahmood, and ex-foreign minister of Pakistan Khurshid Kasuri, among others, at Aiyar’s residence.He also claimed that there was heavy security and the car of the Pakistani High Commissioner was parked at the back side of the house. Upon enquiry, he got to know about the meeting, which continued till late at night, Agarwal said.He further said that the former president and PM broke the protocol and attended the meeting with representatives of the neighbouring country, despite knowledge of the political relations between the countries. According to the plea, the meeting was attended by former Army chief Deepak Kapoor, former foreign minister K Natwar Singh, and former diplomats Salman Haidar, TCA Raghavan, Sharat Sabharwal, K Shankar Bajpai, and Chinmaya Gharekhan, among others.The application stated that both the ex-president and the ex-PM were privy to top-secret information and they were duty bound to not share this with anyone. But the duo was found attending meetings to discuss the Indo-Pak affairs, he said.

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Accused confessed to Samachar Apt murder in diary: Delhi Police

Documenting a crime in a diary by the accused is not usual, but while probing the infamous Samachar Apartment murder of 2016, the Delhi Police stumbled upon a register with a detailed description of the killing.In its charge sheet, the police have said that hours after the murder, the accused Charu Verma had written in a register that she did not want to kill the 64-year-old Vijay Kumar, a retired government official and that her hands were trembling after the incident.A spiral register that the police found at Verma’s residence during search had written her confessions in the diary…’mera irada iss buddhe ko maarne ka nahi tha’along with other details of the murder.Verma told the police that on July 20, 2016, she had gone to take her rape video clip from the deceased. However, instead of giving her the clip, Kumar tried to sexually assault her. Irked by this attempt, she took the knife from the table and stabbed him several times.Verma also confessed that she took the LED TV along with her because according to the deceased, the video clip was saved in the TV, the police said in the chargesheet. They said that the TV and the blood-stained clothes of the accused were recovered from a drain in the Dabri area.According to the police, she had thrown the case related material in the drain at Dabri where she had reached after boarding an auto from Samachar Apartment. The police also investigated the visitor’s register at Samachar Apartment where they found that the details filled were false.Police had narrowed down to the accused by examining the CCTV footage of the cameras installed at the residential society. The call detail records of the accused were also examined before nabbing her on July 23, 2016.Meanwhile, a plea has been filed by advocate Rishi Pal Singh, counsel for the accused, for revision of the section under which she has been charged.”We have filed a revision petition for changing the section. We want the section of 302 (murder) to be changed to 304 (culpable homicide not amounting to murder) as the incident had taken in the spur of the moment,” the advocate said.Kumar was found murdered in his flat at Samachar Apartment on July 20, 2016, with several wounds on his body. An LED TV was also found missing from his house.

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Two Delhi judges suspended after graft complaints

The Delhi High court has suspended two judicial officers of the Dwarka district courts – Additional Sessions Judge (ASJ) Naveen Arora and Jitendra Mishra, Presiding Officer, Labour Court – on corruption charges. According to sources in the Delhi High Court, the issue was discussed at a full court meeting on Thursday, following which a team was sent from the High Court to Dwarka court to examine documents in the chambers of both the judges.It was later in the evening that the orders of suspension of Arora and Mishra were sent to the District and Sessions Judge for compliance.“A full court reference took the decision to suspend both the judges. An enquiry has been ordered and both the judicial officers will continue to be under suspension till the probe is complete,” a source said.Also readDel ADJ under scanner for disrespecting HC JudgeIt is alleged that Mishra, who was earlier posted as the Presiding Officer, Motor Accidents Claims Tribunal, Dwarka, had accepted a bribe for premature encashment and release of a fixed deposit. The charge against Arora is that he went on a foreign trip which was funded by an accused in a case pending case in his court. Documents accessed by DNA showed that there were three complaints against Mishra in the current year. In May this year, two verbatim unsigned complaints of Ram Lal, advocate, regarding unnecessary delay in disposal of cases were received and the same are pending before Inspecting Committee for the year 2017 headed by Justice Vipin Sanghi. In another instance, two complaints were filed by one Virendra Lamba, where he alleged that he was threatened by Mishra. The enquiry in the complaints is pending before the Vigilance Committee for DHJS & DJS headed by Justice S Muralidhar. The third and the last affidavit-cum complaint was filed on August 10 by advocate MP Shalli, alleging misbehaviour, and the probe in this case is pending with the Vigilance Committee headed by Justice S Muralidhar. Attempts to reach Mishra for his comments failed.

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Del ADJ under scanner for disrespecting HC Judge

The Delhi High Court has ordered initiation of criminal contempt against Additional District and Sessions Judge (ADJ) Kamini Lau for making allegedly “personal allegations” against a High Court Judge.Lau is currently posted as Special Judge, Tis Hazari.In an order passed yesterday, Justices Valmiki Mehta and Indermeet Kaur came down heavily on the ADJ for making allegedly “unacceptable and unfounded statements” with respect to observations contained in judicial orders passed by an HC judge.In applications filed in the HC, Lau had sought expunction of adverse remarks and observations made by a Single Judge in four orders. The remarks pertained to orders passed by her while dealing with cases before her.The HC bench cited Supreme Court judgments to underline that while high courts shouldn’t make unwarranted comments against judicial officers, the power to make critical observations was vested in the high courts.”The observations made by the high court against a judicial officer of the subordinate court however if are only in the nature of judicial comments, i.e. of judicial nature …”… and the observations made cannot be faulted for their lack of sobriety, then in such a case the observation so made by this court cannot be said to be in the nature of adverse remarks or strictures or negative, disparaging remarks personally against the judicial officer,” the bench said.In her plea, Lau had alleged that the single Judge had selectively and repeatedly targetted her.To this, the bench headed by Justice Mehta said, “We are indeed perturbed and upset at the language used by the applicant in her applications….the applicant in para 2 has stated that the learned Single judge of this court is guilty of violation of the norms of judicial propriety. Surely, it is impermissible for the applicant/judicial officer to make such observations against the Single judge of this court who is exercising appellate jurisdiction over the judgment passed by the applicant/judicial officer.”Dubbing her stance “unbelievable and unacceptable”, the HC observed, “We found it unbelievable and unacceptable that the applicant has crossed all norms of acceptable behavior and made personal allegations against learned single judge of this court.Holding Lau prima facie guilty of criminal contempt of court, the bench then issued notice to her and directed that the matter be listed on February 16 before the Bench hearing criminal contempt petitions.

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2G scam verdict: Court raps witnesses for ‘evasive response’

As a Special court pronounced the acquittal of the 21 accused, including former Union Telecom Minister A Raja and DMK MP Kanimozhi, Special Judge OP Saini ripped apart the witnesses who had given ‘evasive response” and “skirted the real issues”.Of the several witnesses examined by the prosecution during the seven-year-long trial, the court came down heavily on the officers namely D S Mathur, AK Srivastava, K Sridhara, Nitin Jain, PK Mittal, RJS Kushvaha and D Jha.The judge also raised questions in the manner in which the witnesses propped up just days before the filing of the chargesheet.”It is surprising as to how many witnesses suddenly acquired all the knowledge of the case and became virtual goldmines of information. This puts a question mark on the credibility of the prosecution case and lends credence to the theory of pressure on witnesses…In the end, pressure on witnesses cannot be ruled out and this puts a question mark on fair investigation,” the court said.The court also held that the witnesses were in the witness box and they could have expplained all the circumstances.”…..Prosecution must have afforded an opportunity to the witnesses to explain the deficiencies in the documents, but it remained silent at that time and is now endeavouring hard at the bar to condemn the witnesses and documents executed by them, behind their back,” the court added.The court termed it ‘surprising’ as to how many witnesses suddenly acquired all the knowledge of the case and became virtual goldmines of information.”This puts a question mark on the truthfulness of the prosecution case and lends credence to the theory of pressure on witnesses,” the court said.The court also said that the officials in the Department of Telecom had created the entire mess in the matter of processing of application for UASL and grant of licences was created by the officers.”It is the result of their lack of sense of responsibility and clarity about the way official business is to be conducted. Not only this, most of the officers have exhibited fickle mindedness and timidity by disowning the written official record. They even disowned the record prepared by them and tried to shift the blame to others by making oral statements contrary to official record,” the court said.”The conclusion is apparent that everything happening in the DoT was conveyed by concerned officials to each company in advance. Everything was leaking in DoT. There was no secrecy or sanctity. Who is responsible for it? There is no evidence. In such a situation, no blame can be cast on any of the accused alone,” it adeed.”This is clear from perusal of their testimony. The prosecutor was hesitant in putting straight questions and witnesses were equally evasive and hesitant in their reply,” the court said”The witnesses from DoT were either highly guarded, and if I may say so hesitant, in their deposition, and also went against official record rendering themselves unreliable,” the judge said.

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2G scam verdict: 700 old judgments paved way for acquittal

Special Judge OP Saini read over 700 old judgments which were given as case references by various lawyers before penning down the fate of all the 21 accused, including former Telecom Minister A Raja and DMK leader and MP Kanimozhi in the 2G spectrum allocation scam.”I may note that I have carefully gone through the entire case law cited at the bar by the parties. I have also carefully gone through the written submissions filed by the parties. The case law would be referred to as and when required,” Special Judge Saini said.In the 1552 page judgment delivered by Saini, he mentioned all the case references by all the respective lawyers of the several accused. Altogether 608 case references of several cases were put forth by both the parties even though a few of them might be repeated. Besides 102 references were made as rebuttal.Advocate Vijay Agarwal, on behalf of his client RK Chandolia, gave the maximum numbers of case references during the proceedings taking the number to 134. It was again Agarwal who gave 97 references on behalf of his client Shahid Balwa. This was followed by 63 references made by the same lawyer for two of his clients Asif Balwa and Rajiv Agarwal.A little behind Agarwal was Special Public Prosecutor Anand Grover, who made 102 references during rebuttal. However, he gave just 35 references during the trial. The least number of references were given by advocate Deeksha Khurana for Swan Telecommunication who referred to just a single case.While 30 references were made for A Raja by his counsel Manu Sharma, 15 were made on the behalf of Kanimozhi by her counsel Amarender Sharan.Special Judge Saini repeated about the huge volume of records and documents involved in the case in the judgment.Even on Thursday, as he entered the court room to pronounce the judgment followed by his court staff carrying the huge pile of papers, he said, “Giving the huge records of the case, this is a very brief judgment I have written.”The judge also mentioned in his the judgment that lawyers of both the accused and the CBI filed written submissions running into 25,000 pages.”It may be noted that in view of voluminous record running into several lac pages and also technical nature of the case, oral arguments for the parties continued for about two years. Both the parties also filed written submissions in detail running into about twenty five thousand pages,” the judge said.He also appreciated the advocates for both parties for their hard work put during the trial of this voluminous, technical and complex case, the record of which runs into about three four lac pages.

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Delhi High Court directs CBI to probe Rohini Ashram’s activities

Amidst allegations of illegal confinement of minor girls and women in north Delhi’s ashram where they were kept in animal like conditions behind metal doors in a “fortress” surrounded by barbed wire, the Delhi High court transferred the case to the Central Bureau of Investigation to take over the probe.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar noted the “seriousness and the sensitivity of the matter”, to constitute a special investigation team (SIT) which will take charge records and documents pertaining to the case.The directions were passed by the court after the committee constituted by the High court informed the court about the resistance faced by them during the inspection on Tuesday.Senior advocate Nandita Rao, DCW Chairperson Swati Maliwal, Rajneesh Gupta, DCP, Rohini and advocate Ajay Verma, who had conducted the inspection, informed the court that they were not allowed to enter into the Ashram for over an hour. Even the DCP was held captive by the people at the Ashram for an hour.According to sources, the report submitted to the court in a sealed cover, highlighted the unhygienic conditions in which the women and girls were held hostage. The report detailed the “horrible” living conditions of the over 100 girls and women who were housed in “animal-like conditions with no privacy even for bathing.” The inmates seemed to be under the influence of drugs, it said.Sources also said that there were several iron gates, all of which were locked. Even the balconies were locked and the inmates were not allowed to leave the premises. The team also seized a box of DVDs, syringes, medicines and several letters written to the founder Virendra Dev Dixit and accused of assaulting the inmates.The letters allegedly addressed to the Baba (Virendra) allegedly had objectionable content. The team also found a register of male visitors who came to the Ashram, but they did not find any details of the inmates staying there.The court asked the CBI to investigate the FIRs lodged in Delhi against the Rohini-based ashram and its founder-cum- spiritual head Virender Dev Dixit and the daily diary entries relating to complaints of missing girls, commission of sexual offences and even a case of suicide there.The bench ordered the CBI to file a status report with regards to the cases registered in Uttar Pradesh.”The CBI shall proceed expeditiously in the matter and ensure that steps in accordance with the law be taken at the earliest,” the court said during a four-hour-long hearing.Directions were also issued to the institute and its founder to produce tomorrow the full details and particulars of every inmate lodged in the two buildings housing male and female staff and followers.The court-appointed panel said that there was an adjoining building where male staff were being housed and that there was a possibility that there were minor boys there and that it was probably connected to the women’s building by an underground tunnel.The bench ordered that the adjoining building be also inspected by the panel as well as the child welfare committee of the area which shall be provided police protection.Directions were also issued by the court to the commissioner, North Delhi Municipal Corporation (NDMC) to inspect the two premises and “in case, any illegality is discovered with regard to the buildings, immediate action shall be taken in accordance with law”.The institute and its founder were directed to ensure compliance of the court’s orders and extend full cooperation to the members of the committee.The court expressed its displeasure on the sorry state of affairs and the secrecy with which the ashram was conducting its activities. “We have spent four hours in this matter because you are working in shrouds of secrecy. Under the garb of good activities, you cannot be allowed to do what is not permissible,” it said.The court asked the police to continue with the pickets outside the institute to ensure no untoward incident or violence took place.

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Suhaib Ilyasi gets life in jail for killing wife

Seventeen years after he killed his wife, Anju, and concocted a false story to save himself, Suhaib Ilyasi, former television producer and host of ‘India’s Most Wanted’, was awarded life imprisonment on Wednesday by a Delhi court. Immediately after the pronouncement of the order, 51-year-old Ilyasi, who was brought from Tihar jail, shouted that he was innocent and the award of life sentence is an “injustice”.Additional Sessions Judge Sanjeev Kumar Malhotra also imposed a fine of Rs 2 lakh on the convict, with an additional Rs 10 lakh to be given to the parents of the deceased as compensation. Malhotra said that the crime does not fall in the jurisdiction of “rarest of the rare crime” and ends of justice would be met if the convict is sentenced to life imprisonment.Rukma Singh, Anju’s mother, expressed satisfaction over the court’s order and said, “I am satisfied with the verdict. As long as he is convicted, I am fine.”The court held that Anju knew everything about the frauds committed by Illyasi to secure a job and that he possessed two passports. “Evidence suggests that the accused was at the pinnacle of his career and had earned immense reputation/success from his show ‘India’s Most Wanted’ and his wife, who knew about all the forgeries and wrong acts — i.e possessing two passports, using a fake degree to get a job, committing credit card fraud, etc. — could have let the public know these facts, which could very easily ruin his hard earned success. She had made up her mind to leave the accused and settle down in Canada. As such, the circumstances so appear, that would have impelled the accused to go to any extent,” the court said in its 125-page order.

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Suhaib Ilyasi kept trying to explain away wife’s murder as suicide

Celebrity husband, strained relations with the wife followed by her murder are all elements of a Bollywood thriller. But this plot was very much true to real life, and more particularly the life of TV serial producer and anchor Suhaib Ilyasi.Ilyasi, who shot to fame from the crime drama show India’s Most Wanted, had murdered his wife at their east Delhi residence in 2000 and tried to cover it up as a suicide . The theories he put forth could have been taken from the many real life crime stories on his show.However, the court found several loopholes in the suicide theory given by Ilyasi thereby convicting him and sentencing him to life imprisonment on Wednesday.After the judgment was announced the TV anchor shouted “Injustice” in the courtroom.According to the theory given by Ilyasi, he had an altercation with his wife Anju on the day of the incident following which she took out a revolver and threatened to kill herself. But Suhaib snatched it and threw it on the bed.He then claimed Anju rushed to the kitchen and brought out a knife and stabbed herself. The court however was unimpressed and stated that if Ilyasi had snatched away the revolver then why had he offered no resistance when she was stabbing herself.”If accused could have snatched the revolver from the hand of deceased, he could have also snatched the knife, which was brought by deceased from the kitchen. During inquest proceedings, the revolver was found on the shelf,” the court said.Ilyasi also claimed that the suicide bid had come after a quarrel. But the court kept in mind the evidence of two barbers who had come to the house of the convict to cut his hair. The barbers stated that they did not hear any noise or sounds of fighting between the couple.The court also found that Ilyasi tried to hide his wife’s critical injury when she was taken to Virmani Hospital. It said the accused did not tell the doctor about the injury on the abdomen and just said “isne kuch kha liya hai” (she has eaten something)”In his statement he had said that there was a white mark on the abdomen, there was no blood. However there were blood spots at different places inside the house, which Ilyasi stated was ‘menstrual blood’ but the forensic report contradicted this.”The accused had given a statement to an officer as being a complainant, that the blood did not come out of the wound and instead a white liquid was seen. However, when the officer reached there, he saw the blood on the abdomen of the deceased, whereafter, he tied an old vest on her wound,” the court said.The judge held that no logical explanation was offered by the accused as to why he did not inform the doctor as to the exact facts regarding her injuries.”As per medical evidence, there are two stab wounds on the abdomen of deceased. Why did the accused not stop the deceased from stabbing herself before giving the first blow and even thereafter, when she gave the second blow, are the further questions, which were required to be answered in clear terms, however, no explanation regarding this has ever been offered by the accused,” the court said.TIMELINEJanuary 10, 2000: Anju Ilyasi was found dead at their East Delhi residence with multiple stab wounds and was rushed to a Virmani Hospital and then to AIIMS with stab wounds. She was declared dead on arrival. The couple had allegedly fought before her death.Anju’s autopsy report, however, couldn’t establish if it was a suicide or murder. Her death was treated as a suicide.March 2000: Anju’s sister Rashmi Singh and her mother Rukma accused Ilyasi of torturing Anju for dowry and also filed an FIR against him. Her sister and mother allegedly told the investigators that Anju was driven to suicide by her husband.2003 Trial court frames charges under Section 498A and 304 against Ilyasi.May 2003 Trial began.Ilyasi was also arrested for dowry harassment but he vehemently denied these charges at the time.Later, Rukma moved an application in the trial court seeking inclusion of murder charges against Suhaib but it was dismissed in 2011. She then moved the high court, which ordered framing of murder charges against Suhaib in August 2014.Dec 16: Ilyasi was was convicted for murdering his wife.Dec 20: He was sentenced to life imprisonment

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Furore in Delhi High Court after cops assault lawyer

High voltage drama was witnessed in a courtroom at Delhi HC on Tuesday after the Bar Association members moved the court against the arrest and subsequent assault on a 60-year-old woman lawyer.The Delhi High Court Bar Association (DHCBA) members called for a strike after lunch, partially stalling the work, after lawyer Deepa Arya was arrested and allegedly assaulted on Monday, despite the additional public prosecutor’s (APP) assurance of not taking any coercive action against her.According to the plea filed by advocate Avadh Kaushik, Arya, who was in another advocate’s, R K Saini’s, house, was arrested and dragged out of the house.A bench of justices Siddharth Mridul and Deepa Sharma then directed the SHO, Paharganj, to give adequate protection to Arya. “In view of the gravity of the alleged incident, we find it appropriate to direct the SHO, Paharganj, to give adequate protection to Deepa Arya,” the court stated.During the course of hearing, the court expressed its concern regarding the incident and also noted that an FIR has been registered against Arya under Section 354 (D) of the IPC, which pertains to stalking. “How can you (police) lodge a stalking case against a woman? It cannot be done. This cannot be countenanced. We want the officers concerned here. We are not a banana republic. We want immediate action. If we permit the police to function in this manner, then God help us,” the bench stated.The court said it was “pained and disappointed” by the conduct of the police and added that if this was the practice followed in bailable offences, “then what would happen in non-bailable offences”. The DCP was also directed to keep in its custody all the relevant records pertaining to the FIR in question and the incident that took place on December 18, when the woman was dragged out of her house. The petitioner, who has about 35 years of experience as a lawyer, came to the court on a wheelchair as the concerned deputy commissioner of police, SHO, and the erring officials were called.The matter was urgently mentioned in the court of the acting chief justice, who then referred it to a bench of justices Siddharth Mridul and Deepa Sharma for hearing. After considering the matter, the court directed Romil Baniya, DCP (south), to conduct an inquiry and file an affidavit.Notices were issued to the Centre and the Delhi government, which were directed to file a status report, after both Anil Soni and Rahul Mehra, counsel for the Centre and Delhi government (criminal), assured that action would be taken against the officers involved. The matter has been listed for January 5.

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Delhi High Court orders inquiry into Delhi Ashram after Dera-like charges

The Delhi High Court initiated an inquiry on Tuesday against a Rohini-based ashram, called Adhyatmik Vishwa Vidhyalaya Ashram run by one Virendra Dev Dixit, after it received “serious allegations” of sexual assault on women and minor girls who have been allegedly held captive there under the garb of guiding them to enlightenment.Without making any direct references to Ram Rahim or the Dera Sacha Sauda sect led by him, the bench said similar activities were going on in Sirsa. “This issue is similar to the situation faced in Sirsa, where the girls and women were illegally confined,” a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said.A plea was filed by an NGO for Social Empowerment on behalf of several parents whose daughters have been wrongly confined in the ashram.The matter came to light last month when a family from Jhunjhnu, Rajasthan, visited the ashram to meet their daughter who had been detained since 9 November. The plea said that the parents were not allowed to meet her.Another such parent, whose daughter is a Chemical Engineering scholar with a PhD and Post Doctorate from IOWA State University (USA) in nano technology, was also present in court. They stated that their daughter has also been confined.An alleged victim said in the court that the people at the Ashram brainwash girls and women and sexually assault them under the pretext of religion. “I was left by my parents (at the ashram) for a two-month course, during which I was sexually assaulted. They brainwash people stating that no wrong deed is being committed. Wo kehte hain ki bhagwan hai (they say they are god),” she said.Several such cases were brought to light in the court through the plea, which also claimed that the victims are kept under the influence of drugs and indoctrination, and are being used to run a prostitution racket.The court directed Delhi Police Commissioner, Amulya Patnaik, to depute an official not below the rank of a Deputy Commissioner of Police (DCP) to conduct an inspection of the ashram. The bench constituted a three-member committee comprising DCP (Rohini) Rajneesh Gupta, a representative of the Delhi Commission of Women (DCW) Swati Maliwal and Nandita Rao to immediately conduct an inspection and submit their report by the next date of hearing, i.e. Wednesday. The court also directed a videography of the inspection.The matter came up on urgent mentioning following which the bench expressed serious concerns about the issue. The plea, filed through advocate Shalabh Gupta, alleged that these so-called ashrams have become like jails where women (both minor and major) are being detained and exploited by the founders. The bench said that the plea is of an “extremely urgent nature” and “suggests dangers to the lives of the girls illegally confined”.The court also expressed its displeasure on the non-registration of FIRs in five complaints, one of which also includes suicide. The inmates of the ashram are mostly women and all of them come from various parts of the country. The matter has been listed for hearing today.

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Give consent for abortion in writing: Delhi High Court to minor

The Delhi High Court on Tuesday directed the 15-year-old rape survivor, who had moved the court seeking to terminate her over 26-week pregnancy, to give in writing about her consent to conduct the abortion.The directions were given by a bench of Justice S Muralidhar and Justice I S Mehta after the authorities of the All India Institute of Medical Sciences (AIIMS) submitted in the court that the minor had refused to undergo the abortion.However, she had filed the present petition to abort the pregnancy. The bench, while observing that the minor is”prevaricating”, said that it wanted to assure that the girl would not change her mind again.”The court directs that the petitioner, through her parents, should file an affidavit before this court by tomorrow clearly stating the circumstances under which she changed her mind between December 8 when she appeared before the CWC and December 13 when she went for her medical examination to AIIMS and thereafter again today while appearing before the court.”The petitioner should unambiguously state in the affidavit whether she consents to the termination of her pregnancy,” the court said.The minor was examined at the AIIMS on the basis of an order passed the Child Welfare Committee (CWC). The reports of the examination stated that the petitioner is”not willing for abortion and her pregnancy is a result of marriage”.The report, which was enclosed with a status report filed by the SHO, Sarita Vihar, also stated that “she is not willing for the abortion of baby as she is married with her own consent and wants to continue her pregnancy”.However, in the twist of events, the minor expressed her willingness to abort the child and filed the petition on Monday.The judges spoke to the victim in their chambers where she reiterated her wish to terminate the pregnancy as she wished to continue her studies. She admitted that she earlier wanted to carry on with the pregnancy but now has changed her mind.According to the plea filed through advocate Kamlesh Kumar Mishra, the victim was raped on the pretext of a marriage with a man who was arrested a day after the recovery of the girl.

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Prisoners need better medical aid

Lack of proper medical facilities and vacancies in the Central Jail hospital at Asia’s largest prison, housing more than 15,000 prisoners, came under the scanner of the Delhi High Court as it issued a slew of measures for the authorities.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar also expressed shock at the huge number of vacancies at the Central Jail Hospital located in Jail number 3 and the dispensaries in the prison complex.The court noted that the lack of medical facilities in the jail not only causes prejudice to poor prisoners but also affect the exchequers of the government as rich inmates are taken to private hospital for treatment.The bench said that the treatments “creates differences and also acquire a lot of cost on the public exchequer” adding that “private treatment adds to the already over-stressed machinery of Tihar”.”The prisoners have to wait for long, travel long distances and sometimes even wait for the court orders to get treated which may itself cause prejudice to the prisoners,” the court said.During the proceedings, Advocate Sumer Singh Sethi, appointed as an amicus to assist the court in a matter related to the inhumane conditions in prisons, highlighted the need for counsellors for the mental well-being of the inmates.The court was informed that there are 110 sanctioned posts for doctors in the jail premises out of which just 47 of them are filled up. The court was also told that there are 108 sanctioned posts for paramedical staff and 92 of them are physically filled.”A shocking state of affairs has come up regarding the vacancies in absence of medical representatives in Central Jail Complex, Tihar Jail no 3,” the court said.

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Ensure prisoners’ kids get money

The Delhi High Court has directed the Delhi government to look into the aspect of providing compensation to children whose parents are incarcerated in Delhi’s jails.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar directed the Centre and the Social Welfare Department, government of NCT, for the speedy implementation of the Scheme for Financial Sustenance, Education and Welfare of Children of Incarcerated Parents, 2014.The court’s direction comes after it was informed about the issue of children not getting financial assistance, as they had not resided in the Capital for five years. According to the scheme, the children should have stayed in the city for at least five years before availing of compensation.”We expect the government of NCT, Social Welfare to look into the matter specially the need for bringing a scheme where the children whose parents or any other dependant member are lodged in the jail,” the court said.The court directed the Delhi government to file its response in this regard within six weeks from Monday. The court was hearing a host of matters pertaining to prisoners lodged in Tihar jail.During the course of hearing, advocate Rahul Mehra appearing for the Delhi government, informed the court that a new amended jail manual is already underway and 13 out of the 16 chapters have been drafted.”Thirteen out of the 16 chapters of the new amended jail manual have already been finalised and the rest will be done as soon as possible. This new jail manual will also address the issue of discrimination of women prisoners of not being entitled to open and semi-open jails,” Mehra said.Following this, the court noted that the respondents, including the Delhi government “are rectifying the discrimination of women”. It directed that the court be informed about the completion and implementation of the new jail manual.Earlier, the court had directed the DG (Prisons), city government and the police to implement a system which would let one know about the records of undertrials lodged in the jail.VACANT POSTSThe court was informed that there are 110 sanctioned posts for doctors in the jail premises out of which just 47 of them are filled up. There are 108 sanctioned posts for paramedical staff and 92 of them are physically filled.

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15-year-old rape survivor moves Delhi HC seeking permission to abort 26-week pregnancy

A 15-year-old rape survivor moved the Delhi High court on Monday seeking to terminate her over 26-week pregnancy after the All India Institute of Medical Sciences (AIIMS) refused to conduct the abortion of the minor.A bench of Justice Vipin Sanghi and Justice PS Teji sought a reply from the Centre and the Delhi government following the plea. It also directed the officials of AIIMS to present before the court the medical opinion rendered by them.The bench also directed that since the co-ordinate bench of Justice S Muralidhar and Justice I S Mehta has been dealing with this matter, so it be listed before the concerned bench after taking orders from the Acting Chief Justice Gita Mittal.Also readBombay High Court allows 26-weeks minor rape survivor to terminate pregnancyThe matter came up for hearing after it was urgently mentioned in the court. According to the plea filed through her father, the minor sought urgent directions to allow her to medically terminate her pregnancy.The plea, filed through advocate Kamlesh Kumar Mishra, said the victim was missing since March 31 after she left home following an altercation with her mother. An FIR in this regard was lodged on April 1 at the Sarita Vihar police station. A habeas corpus petition was filed on November 21 following which she was recovered on November 26.Also read12-year-old rape survivor delivers baby after abortion denied by Madhya Pradesh High CourtThe accused was arrested a day later on November 27 from Narora village, district Bulandshahr, Uttar Pradesh.The plea alleged that the police’s version of the minor eloping with the accused is false. On the account of the ordeals as narrated to her parents, the plea said that she was taken away by a woman who further sold her off to a family in Etah, Uttar Pradesh allegedly to be married off to a handicapped person. A fake court marriage was conducted following which she was made to live with the family.Also readSupreme Court allows 13-year-old rape survivor to abort pregnancyOn her recovery, the minor had refused to go with her parents following which she was sent to Prayas Juvenile Home. However, her parents were allowed to meet her. A few days later, she visited her parents and expressed her desire to terminate the pregnancy.On December 8, the Child Welfare Committee (South East District) recorded that the child is pregnant and wants to terminate her pregnancy and therefore referred her to AIIMS. However, it was informed to her on December 15 that she is not allowed to terminate the pregnancy.“The petitioner is before this Hon’ble court not only to seek an order directing termination of her own pregnancy but to pass a specific guideline with regard to the termination of pregnancy of any rape survivor specifically if minor whatever may be the age of the foetus,” the plea stated.

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Failed unions ruin working women too, says court

Working women are devastated when their marriage crumbles and they require considerable time to garner strength, a Delhi court has said, while enhancing the maintenance for a woman who had alleged that she was getting a meager amount whereas her husband was living luxuriously.Additional sessions judge Ajay Kumar Kuhar said women should not be dependent on men for survival and courts should be slow in awarding maintenance just because a woman demanded it. Women need strength to overcome marriage woes, he said.”There is no doubt that when there are talks of gender equality, it is expected that a woman should not be dependent on a man for her survival, particularly when she has capacity to make her own living. Courts should be slow in awarding maintenance on the mere asking for it by the wife and must consider the capability and capacity of the claimant to earn her livelihood.At the same time, one has to consider the fact that many a times, even a working woman is so devastated when her marriage crumbles that it takes considerable time for her to gather the strength to beat the reality,” the court stated.Ekta Puri, who had studied filmmaking and was yet to start her career, had filed an appeal against an order passed by a Metropolitan Magistrate, whereby she was entitled to Rs 1 lakh for a year and another Rs 70,000 for accommodation after separation from her husband Vikramjit Singh Puri.Her counsel contended that her husband concealed his income and did not show records of movable and immovable assets in the court. It was also submitted that he was spending over Rs 70,000 on his entertainment and other expenses but was not ready to pay proper maintenance to his wife.The court, while deciding the case in favour of the woman, said the qualification that Ekta possesses can be utilised only in the film industry, which offers a very uncertain career and work on the principle of out of sight, out of mind. To regain her foothold in the film industry will not be an easy task for her, considering the mental state she must have been in after the broken marriage.The court further held that Vikramjit was maintaining high standards of living and had concealed his income documents. “Therefore, without going into the matter as it is only at the initial stage and a prima facie view of the facts is to be considered, I would say that the husband is maintaining a high standard of living, which a person cannot achieve and maintain with only Rs 1 lakh per month. Needless to adhere that the appellant being his wife is entitled to live the same lifestyle,” the court said in its order.The judge directed Vikramjit to pay Rs 2 lakh per month to Ekta and to pay Rs 70,000 for alternate accommodation.

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Delhi High Court allows distant kin to donate kidney to ailing doctor

A 58-year-old doctor suffering from kidney failure received a new lease of life after the Delhi High Court (HC) permitted him to take the organ from a distant relative. Dr Jasjit Singh was refused the organ by his immediate family members for varied reasons. Earlier, the authorities concerned were not permitting Singh’s maternal uncle’s daughter-in-law to donate the kidney for him as they suspected some financial transaction. Justice Vibhu Bhakru, however, allowed Singh to take the kidney after finding out that there was no financial transaction involved. The judge also interacted with the donor in chambers, without the counsels from both sides. The donor was told about all the risks involved in donating an organ and undergoing an invasive surgery. The donor, however, said she has long-standing relations with Singh and that she wanted to donate the organ. “There is no doubt that the donor is fully aware of the risks of the surgery. But she is firm that she wants to donate her kidney,” the court said in its order, adding that the she has denied any kind of financial transaction. Singh had undergone a transplant in March, 2015, after both his kidneys stopped working in February, 2015. At the time, his wife had donated her organ. However, just six months later, the organ dysfunctioned due to BK virus.His maternal uncle’s daughter-in-law then took the decision to donate her organ. This process was not given clearance by the authorities under the Transplantation of Human Organs and Tissue Act, 1994. The court ruled out any possibility of financial transaction after it held that the husband of the donor was not facing economic crisis and the famiy was well-off. “….there does not appear to be any monetary need that would warrant the donor to enter into a transaction to donate one of her kidneys for any monetary consideration,” the court said.It then directed the Authorisation Committee to reconsider the application for grant of approval for kidney transplantation.

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Judge, Delhi governmet lock horns over Rs 28,000 acupuncture bill

A judicial officer posted in a Delhi court is fighting a legal battle against the Delhi government over a sum of Rs 28,000, the amount he spent on acupuncture treatment for his migraine. The Delhi government has cited rules to refuse reimbursement to him.Additional sessions judge (ASJ) Ashwani Kumar Sarpal, currently posted at the Family Court, Shahdara, has now filed an appeal against a decision given by justice Vibhu Bhakru, rejecting his plea for reimbursement of his medical expenses.In his plea filed through advocate Abhinav Garg, the ASJ has said he has been suffering from chronic Trigeminal Neuralgia and migraine for the last six years, for which he had been taking allopathic medicines and was also being treated at private hospitals. The problem, however, was not cured despite taking painkillers daily. While migrane has no permanent solution, Trigeminal Neuralgia can be treated through surgery.But since surgery was risky for life, Sarpal did not opt for it.Thereafter, he underwent acupuncture therapy at a Delhi Hospital, which yielded results and reduced his pain.On January 1, the ASJ submitted the bill of Rs 28,000 reimbursement, which was rejected “because it was inadmissible as the hospital was not on the panel of the Directorate General of Health Services (DGHS)”.Following this, he filed a petition in the Delhi High Court, which was also rejected on the grounds that he had not “been deprived of or denied any medical treatment essential for good health”.Dismissing the earlier plea, justice Bhakru had stated that it was not the Delhi government’s policy to provide reimbursement for acupuncture expenses, as it was an alternate system of healing.Dissatisfied, the judicial officer has once again appealed against the order, claiming that acupuncture has been recognised as an alternative medication process and some government hospitals, such as the All India Institute of Medical Sciences (AIIMS).PinprickAshwani Kumar Sarpal suffers from chronic Trigeminal Neuralgia and migraine Surgery can treat Trigeminal Neuralgia

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Implement system whereby we know undertrials’ records, Delhi High Court tells Tihar

The Delhi High court has directed the DG (Prisons), city government and the police to implement a system which would let one know about the records of the undertrials lodged in the jail.”We direct the District Judge (Headquarters), DG (Prisons) and Delhi police to make suggestions and implement a system where there is immediate transmission of information,” the court said.The court’s direction comes while hearing a PIL which was initiated pursuant by a letter written by a Supreme Court Judge Justice Kurian Joseph. Dated June 18, 2015, the letter enclosed therewith a Memorandum received from the women prisoners lodged in Central Jail No.6, Tihar, New Delhi stating that out of the 614 women prisoners detained, 412 are undertrial prisoners and many of them are languishing in jail without trial for a long period.The letter also stated that 32 children of the undertrial prisoners are also forced to stay in the prison along with their mothers. The Memorandum, which was enclosed with the letter, highlights the lack of basic amenities in the prison, the gender discrimination to which the women prisoners are subjected to, and particularly, the grievances of some undertrial prisoners who remained in jail for more than six months even in respect of simple offences.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar gave a detailed order after a report was submitted by a committee constituted in Delhi to look into the matter.”In order to enable effective communication and ensure that the spirit of section 436 (A) of CrPc, immediate steps to connect the prison management system with the court should be taken,” the court said.The court had constituted a committee comprising of Professor Mrinal Sathish and Prof Amrita Chandra to look into the working of section 436 (A) of the CrPC . The committee examined the suggestions and gave a consolidated report on December 11. The report suggested guidelines for preparation and updation of the record of the undertrial prisoners. The court said that such directions when implemented “will go a long way to ensure the rights of the prionsers”.

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Will prayer reach God if you pray on illegal property?

“Will prayer reach God if you pray on illegal property? What is the sanctity in that?”, the Delhi High court asked on Tuesday while dealing with encroachments around the 108-feet tall Hanuman statue in the Karol Bagh area of Central Delhi.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar made the remarks while hearing a host of matters relating to illegal constructions in the Karol Bagh area of the national capital. The bench directed the North Delhi Municipal Corporation (NDMC)’s additional commissioner to inspect all the buildings in Old Rajinder Nagar within a week from Tuesday.”No status report filed. Additional Commissioner of NDMC to physically inspect the building in Old Rajinder Nagar within one week from today,” the court said in its order.The bench also directed the additional commissioner”to place the details and records pertaining to the construction of the Link Road and the pavement on which the encroachments have come up”. The court’s direction came when the additional standing counsel of the Delhi government, advocate Satyakam, informed the court that one paw of the Hanuman Idol at Karol Bagh is on the pavement maintained by the Public Works Department (PWD) of the Delhi government and the rest on the land possessed by the Delhi Development Authority (DDA).To this the court posed a query about the ownership and maintenance of the Hanuman idol to which it was informed that the idol is maintained by a trust run by one Om Prakash Giri and his father had started the trust in 1981. It was also said that the bank statements of the trust are being examined.”Who is maintaining the idol? Who is the owner of the trust? Where do they get the authority to maintain it,” the court asked as it expressed its displeasure on the ongoing commercial activities and illegal car parking in the area.The court also said that all the encroachments “will be dealt with,” thereby stating that it will prosecute the officers under whose tenure the encroachments had come up.

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Graft: Delhi High Court sets aside spl judge’s bail cancellation order

Charges against an accused under the provisions of the Prevention of Corruption Act (PC Act) cannot be dropped after mere filing of a status report by an Investigating Officer and only a trial court can take this decision at the time of taking cognizance and summoning the accused, Delhi High Court (HC) has said.The observations were made by justice Sangita Dhingra Sehgal, while deciding on an appeal filed by government official Pramod Garg, who had sought setting aside of a bail cancellation order by a special judge. Garg was accused under various sections of the Indian Penal Code and the PC Act.”Provisions of the PC Act cannot be dropped by mere filing of the status report by the IO. It can only be determined by the trial court at the time of taking cognizance of the matter and summoning of the accused,” the court stated.Even though the single-judge bench granted bail to Garg on the grounds that this was a case where “a court is exercising concurrent jurisdiction”, it held that the police and complainants were “at liberty to seek remedy before the appropriate forum, as provided under law”.”Furthermore, so far as order dated November 28, 2012, of the ASJ is concerned, the same is also bad in law. The only appropriate forum to grant bail ought to be the Special Judge in view of the provisions of Section 4 of the PC Act,” the court said in its order.Garg was granted regular bail by an additional sessions judge (ASJ) on December 28, 2012. The police had filed a status report in the court, stating that no supporting evidence was found against DDA officials and so provisions of the PC Act were dropped. This bail order was challenged by the police and the complainant before the special judge, who cancelled the bail of the accused.Garg then appealed in the court through his counsels, senior advocate Ramesh Gupta, Sanjay Sehgal, and Tarun Narang, following which the bail was granted.Appearing for Garg, Gupta had contended that the order passed by the Special Judge was “illegal” and “perverse” as he lacked jurisdiction. He also submitted that by cancelling the bail granted by the ASJ, the Special Judge had used the power of an appellate court, which is not permitted in law.TIMELINEFeb 22, 2010 FIR registered against Pramod Garg at Kotla Mubarakpur police station.Oct 18, 2012 Anticipatory bail cancelled by a special judge at Tis Hazari court.Aug 24, 2012 Sections of the PC Act dropped.Dec 27, 2012 Garg arrested again, bail dismissed by metropolitan magistrate.Dec 28, 2012 Regular bail granted by additional sessions judge. Nov 18, 2014 Bail cancelled by special judge.

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DNA EXCLUSIVE | Construction of lifts in service lanes is not illegal: Delhi High Court

Striking down a plea which sought to set aside the No Objection Cerificate (NoC) issued by the East Delhi Municipal Corporation (EDMC) to a housing society, the Delhi High Court ruled that the construction of lifts in the service lane or common areas in housing societies owned by corporations is not illegal.The court’s direction came while hearing a plea which had challenged the grant of an NoC for the construction of a lift in the service lane, to cater to four of the residential blocks in the society called Dhruva Cooperative Group Housing Society, which, in all, houses 52 blocks.Justice AK Chawla said that “the policy to issue NOC for the purpose of erection of the lifts in a Group Housing Flats built by DDA or Group Housing Societies, falling with the jurisdiction of the different Corporations, cannot be faulted with”.The petition had contended that the construction was permitted in the service lane, which is a common area and hence the NOC granted is illegal and bad in law. It also said that the common areas (service lane) are allowed to install lifts, services of fire vehicles, etc, in cases of emergency such as a natural calamity, as long as it doesn’t disrupt the commute of other flats owners.The plea also added that the NOC was issued without site inspection by the EDMC and without applying any rationality, or reasoning the rights of other residents, their convenience, safety and security.The court, while striking down all the arguments of the petitioner, stated that the whole premise, on which the petition is founded, was misconceived.The single bench referred to a Shaik Abdul Hameed vs Delhi Development Authority and ORS case, where it was observed by the High Court that housing societies were made at a time when lifts were not in vogue. It had held that such lifts would help the aged during medical complications.”Most of the flat owners, who may have purchased the same 30-40 years ago, would be old and infirm. It is often not possible for them to take the staircase up to the first, second, and third floor. They often feel marooned due to inaccessibility leading to further complications for aged “emptynestness”. Medical emergencies, too, would pose their own set of logistic problems. …The land where the lift-well is to be erected has been clearly demarcated and in any case is in a common area over which no particular individual can claim an individual or proprietary right,” the court had said.

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Construction of lifts in common areas of societies owned by municipal corporations not illegal: Delhi HC

The Delhi High Court on Thursday ruled that construction of lifts in service lane or common areas of housing societies is not illegal. The court was responding to a plea that sought to set aside a No Objection Certificate (NOC) issued by the East Delhi Municipal Corporation (EDMC) to a housing society.The court’s direction come while hearing a plea that had challenged the grant of NOC for theconstruction of a lift in the service lane, to cater to four of the residential blocks of Dhruva Cooperative Group Housing Society. The society houses 52 blocks.The petition had contended that the construction was permitted in the service lane, which is a common area and hence the NOC granted was illegal. It also said that the common areas (service lane) are permitted for installing a lift.The plea also stated that the NOC had been issued without site inspection by the EDMC and without applying any rationality or reasoning.The court, while striking down all the arguments of the petitioner, stated that whole premise, on which the petition is founded, is misconceived.Justice A K Chawla said, “The policy to issue NOC for the purposes of erection of the lifts in a Group Housing Flats built by DDA or Group Housing Societies, falling within the jurisdiction of the different Corporations cannot be faulted with”.The single bench referred to a Shaik Abdul Hameed vs Delhi Development Authority & Ors case where it was observed by the High court that housing societies were made at a time when lifts were not in vogue. It had held that such lifts would help the aged during medical complications and that it would be convenient for all.“Most of the flat owners, who may have purchased the same 30-40 years ago, would be old and infirm. It is often not possible for them to take the staircase up to the first, second and third floors. In the absence of the facility of a lift the prospect of having to take the stairs to reach the ground or to access a higher floor apartment can be very daunting,” the court saidDuring the course of hearing the bench found that it was only the petitioner along with three other members who were raising questions out of the 206 members in the society.“Societies cannot function in this manner. Once, a decision is taken by the society through its elected executive, all the members of the society are bound by it. It also does not lie in the mouth of the petitioners that the permission granted by the society for the issuance of impugned NOC is not in the larger interest of the occupants of the four blocks, where the lift is getting erected,” the court said and rejected the plea.
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Tihar jail authorities face court heat for not following order

Tihar jail authorities are once again under scanner with a Delhi court issuing a bailable warrant against the jail superintendent of Central Jail 1 for failing to comply with the orders of the court to get an undertrial prisoner treated at a government hospital.Additional Sessions Judge Ajay Pandey issued the warrant after he found that neither the Superintendent appeared in the court nor did he move any exemption. Instead, he submitted a report signed by the Deputy Superintendent of the jail.The court had sought a report on the health of Surender Singh, who had moved an application for issuance of directions to the Superintendent for providing necessary treatment to him as he was suffering from mental problem and piles.“Today, neither the jail superintendent has appeared nor any application for exemption is moved. Even the report has not been forwarded by the concerned Jail Superintendent. Issue bailable warrants against the Jail Superintendent no 1 in the sum of Rs 10,000 with one surety of like amount to be served through the Investigating Officer (IO) for December 11,” the court said.On November 28, the court had called for a report after getting the accused checked up in a government hospital.The court while calling for the report held, “UTP’s generally complain about not providing of proper medical treatment/food in the jail. The court has many times brought the facts of negligence in discharge of official duties to the notice of Worth DG (Prisons) but no noticeable improvement is seen.“Jail Authorities are reminded that they are being public servant, are only caretaker/custodian of the UTP’s on behalf of judiciary. They are supposed to give proper medical care, treatment and food to the inmates. It is seen that despite directions, orders of the court for proper upkeep and providing medical facilities to the inmates are not been complied,” the court said.However, no report was received on the next date of hearing, i.e, November 30 till 3 PM which irked the court. Directions were issued to the Superintendent to appear in person on the next date of hearing. The next date of hearing is December 12.REPORT SOUGHTThe court had sought a report on the health of Surender Singh, who had moved a plea for issuance of directions to the jail for providing him treatment
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PWD has only three machines to clean roads: Delhi government to Delhi High court

There are “only” three mechanised vacuum cleaning machines with the Delhi government’s Public Works Department (PWD) to sweep the roads. These submissions were made in the High Court in the wake of the failure of the Delhi government to curtail the increasing air pollution in the Capital. In an affidavit filed in the Delhi High court through its standing counsel Naushad Ahmed Khan, the AAP government informed the court that there are three vacuum cleaning machines which have been used to clean the roads of posh South Delhi. “Three numbers mechanised sweeping machines have been deployed on various roads of the PWD in South Delhi only. The PWD is making efforts to increase the number of machines, by re-tendering for procurement on hiring basis the mechanized sweeping machines,” the government said in the affidavit filed on November 29.The length of the PWD roads’ measures is 1,270 km and each machine can cover not more than five-six km of the road at a time. Sources said that the action would just end up cleaning 15 per cent of the roads while 85 per cent of the roads are yet to becovered. However, when asked about the machines, an official in the PWD stated that they do not own the machines and the same have been hired or procured from a third party.“We do not have a single vacuum cleaning machine to sweep the roads. The three machines have been hired. Also it is not our responsibility to procure the machines. It is the municipal bodies who are responsible to the get the machines. We are just entrusted with the construction and maintenance of the roads,” the official said on the condition of anonymity. According to an IIT Kanpur report, a big contributor to Delhi’s air pollution is road dust that accounts for about 35 per cent of tiny particles known as PM 2.5 in the air, followed by vehicles.The High Court has also noted that there should be appropriate cleaning and washing of roads so as to ensure that the dust settles down. In an order dated November 9, the court also directed water sprinkling on the roads to prevent dust contamination, which is the biggest reason for pollution in the city. However, the suggestions have not been properly complied with major roads of the Capital remaining uncovered. WHEN DUST MATTERSAccording to an IIT Kanpur report, road dust accounts for about 35 per cent of tiny particles known as PM 2.5 in the air, followed by vehicles. The length of the PWD roads’ measures is 1,270 km and each machine can cover not more than five-six km of the road at a time. In an order dated November 9, the court also directed water sprinkling on the roads to prevent dust contamination
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Forward plaints of harassment to police, Delhi High court directs schools

The Delhi High court on Monday expressed displeasure over the way a city-based school has handled the sexual harassment complaints, and thereby directed its authorities to forward all complaints to the police for a thorough probe. “The manner in which the school authorities have handled the number of sexual harassment complaints … really shocks our conscience,” a bench of Justice Siddharth Mridul and Justice Deepa Sharma said.The court has said that instead of forwarding such complaints to the appropriate authorities for legal action, the school authorities “felt satisfied by issuing show-cause notice calling upon the explanation probably preparing to take disciplinary action against the appellant.””The attitude of the school authorities encourages the wrongdoers and discourages the Samaritans and the brave girls who take the courage to make complaints to the school authorities,” the bench said. It is an incumbent duty of all to build a protective net around the children who have suffered any physical or emotional abuse, the court said.The court’s observation came while hearing an appeal filed by Anirudh Kumar Pandey, who was employed as a music teacher at Modern Public School, Delhi. Pandey was accused of outraging the modesty of the girl students and misbehaving with lady teachers. Pandey resigned following a show-cause notice from the school authorities. However, he knocked the court’s door, stating that resignation was withdrawn by him before it was admitted by the Director of Education. He also contended that the resignation was not voluntary and was extracted from him through coercion and duress.The court held that it was an incumbent duty of all to build a protective net around children who have suffered any physical or emotional abuse. “We direct the school authorities to forward all complaints received by them relating to sexual harassment of the young girls to the police so that necessary action can be taken on those complaints,” the court said, adding that even though a lot of time has elapsed, “the offence still stare stark at out face”.COURT ORDERThe court said that instead of forwarding complaints to appropriate authorities, the school “felt satisfied by issuing show-cause notice calling upon the explanation probably preparing to take disciplinary action against the appellant.” It was an incumbent duty of all to build a protective net around children who have suffered any physical or emotional abuse, the court said.
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Wrongly incarcerated people not being rightly compensated: Delhi High Court

People who have been wrongly incarcerated are”left to their devices without any hope of reintegration into the society or rehabilitation since the best years of their life have been spent behind bars, invisible behind the high prison walls”, the Delhi High Court has said.A bench of Justice S Muralidhar and Justice I S Mehta expressed concern over the non-presence of a legal scheme for compensating these people, who, at various instances, have been acquitted by the high court or the Supreme Court after many years of imprisonment.”There is, at present, in our country no statutory or legal scheme for compensating those who are wrongfully incarcerated. The instances of those being acquitted by the High Court or the Supreme Court after many years of imprisonment are not infrequent.”They are left to their devices without any hope of reintegration into society or rehabilitation since the best years of their life have been spent behind bars, invisible behind the high prison walls,” the bench said.The court said that even though there is a provision of compensating the victims through Sections 357 and 357 A to C of the Cr PC, its effective implementation hinges upon the concerted efforts of legal services authorities and governments.”As far as compensating ‘persons groundlessly arrested’, Section 358 Cr PC offers some token relief. This provision, however, fails to acknowledge the multiple ways in which not only the prisoner, who may ultimately be declared innocent but the family of the prisoner faces deprivation and hardship. Particularly, poignant is the plight of the spouse, children and aged parents of the prisoner who are unable to find legal redress for their losses,” the court held.It stressed on”an urgent need for a legal (preferably legislative) framework for providing relief and rehabilitation to victims of wrongful prosecution and incarceration”.The observation came while dealing with three wide issues which had come up while hearing a criminal appeal. The court had directed GS Bajpai Professor of Criminology & Criminal Justice and Registrar, National Law University, Delhi to be the amicus curiae and submit a report on the three issues.
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Delhi HC rejects appeal of man, 3 children who murdered relative’s Hindu wife

The Delhi High Court has struck down the appeals of a man, his two sons and a daughter for setting their relatives’ wife on fire in 2010 because she was a Hindu who had married a Muslim.Terming it as a “calculated murderous assault by other members of the family of the husband apparently fuelled by religious hatred”, a bench of Justice C Hari Shankar and Justice SP Garg refused to grant any relief to the four accused.“The present case being one of a calculated murderous assault by other members of the family of the husband, on his hapless wife, by overpowering her and setting her on fire, apparently fuelled only by religious hatred, we are of the view that the sentences awarded, to the accused, by the learned ASJ, do not call for any interference at our hands.Arti, the victim, told the police that her husband’s uncle, identified as Aslam, and his family were not happy with their marriage with their nephew, identified only as Javed in 2006. She further stated that Aslam and his children Ashraf, Sammi and Huma did not like her as she was Hindu and they were Muslims. They quarreled with her on the pretext that she had humiliated them in society.On October 16, 2010, the four picked up a fight with Arti and set her ablaze after dousing her with kerosene. Her husband and other in-laws were not at home during the time of the incident.She was rushed to hospital when her husband returned from work where she succumbed to her injuries after recording her statement with the police. Following this, an FIR was registered and a chargesheet was filed against Aslam because the other three were declared proclaimed offenders.Later Ashraf and Sammi surrendered and after trial, the court sentenced them to life imprisonment. This was challenged by the accused in the High court on the grounds that the dying declaration was not recorded in question answer form and hence could not be read as evidence. The accused also claimed that there were variations in the dying declaration.However, the court did not agree to this contention stating that the Supreme Court in one of the cases had negated the demand for the dying declaration to be in question answer form.“The argument, of the defence, that Art’s dying declaration ought to have been recorded in question-answer form, had also been negated by the Supreme Court in Amar Singh Munna Singh Suryawanshi v state of Maharashtra, AIR 2008 SC 479,” the bench said.The bench held that the dying declaration of Arti recorded before the SDM was credible and acceptable in evidence and wholly believable.
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Wrongly incarcerated people not being properly compensated: Delhi HC

People who have been wrongly incarcerated are “left to their devices without any hope of reintegration into the society or rehabilitation since the best years of their life have been spent behind bars, invisible behind the high prison walls”, the Delhi High Court has said.A bench of Justice S Muralidhar and Justice I S Mehta expressed concern over non-presence of a legal scheme for compensating these people who, at various instances, have been acquitted by the High court or the Supreme Court after many years of imprisonment.“There is at present in our country no statutory or legal scheme for compensating those who are wrongfully incarcerated. The instances of those being acquitted by the High Court or the Supreme Court after many years of imprisonment are not infrequent.“They are left to their devices without any hope of reintegration into society or rehabilitation since the best years of their life have been spent behind bars, invisible behind the high prison walls,” the bench said.The court said that even though there is a provision of compensating the victims through Sections 357 and 357 A to C of the Code of Criminal Procedure, its effective implementation hinges upon the concerted efforts of legal services authorities and governments.“As far as compensating ‘persons groundlessly arrested’, Section 358 Cr PC offers some token relief. This provision, however, fails to acknowledge the multiple ways in which not only the prisoner, who may ultimately be declared to be innocent, but the family of the prisoner faces deprivation and hardship. Particularly poignant is the plight of the spouse, children and aged parents of the prisoner who are unable to find legal redress for their losses,” the court held.It stressed on “an urgent need for a legal (preferably legislative) framework for providing relief and rehabilitation to victims of wrongful prosecution and incarceration”.“Whether this should be an omnibus legislation or scheme that caters to both the needs of the victim of the crime, as well those wrongfully incarcerated, including the family and dependants of the prisoner, or these have to be dealt with in separate legislations or schemes is a matter for discussion, deliberation and consultation with a cross-section of interest groups.The observation came while dealing with three wide issues which had come up while hearing a criminal appeal. The court had directed GS Bajpai Professor of Criminology & Criminal Justice and Registrar, National Law University, Delhi to be the amicus curiae and submit a report on the three issues.The other two included Fines and default sentences and Suspension of sentence.The court also requested the Law Commission of India to undertake a comprehensive examination of the issue of incarceration and make its recommendation thereon to the Government of India.The report submitted by Prof Bajpai had referred to the practice in the United States of America (USA) and the United Kingdom (UK). He had pointed out that there are 32 states in the USA including District of Columbia (DC) which have enacted laws that provide monetary and non-monetary compensation to people wrongfully incarcerated. There are specific schemes in the UK and New Zealand in this regard.
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Court summons DCP after arms dealers accuse cops of framing

Raising suspicion over the arrest of two alleged arms distributors, whom a team of Delhi Police arrested from east Delhi last year, a Delhi court has asked the Deputy Commissioner of Police, East, to be present in the court on the date of the next hearing with a status report.The directions were given by the Metropolitan Magistrate Mahima Rai on November 30, after the court termed the report submitted by the Investigating Officer (IO) as “highly unsatisfactory”.”The said report (status report) is highly unsatisfactory in nature and is silent on the main complaint filed by the complainant,” the court said, adding that it is necessary that DCP concerned be present in person with a reply to the complaint.The arrested duo — Mursalin Malik and Asif — who claim to have been running a scrap shop in Old Seelampur, were arrested in November 2016. Police had registered two FIRs against them, one under various sections of the Arms Act and the other under Section 379 (Punishment for theft) and 411 (Dishonestly receiving stolen property) of the Indian Penal Code (IPC).The court’s direction came following Malik’s complaint under 156 (3) of the CrPC after police refused to lodge a complaint against the police officers.According to the complaint filed by the duo in the court, they had been falsely implicated by the police officers. They claimed that on November 7, 2016, five to six people in civil dress, who claimed that they were officials of the Special Staff of the police station in Anand Vihar, arrested them without any “just and sufficient reason.”Following this, the duo were granted bail on production of CCTV footage which showed the officers coming to the shop and making the arrest. Malik’s brother, Mehraj made a complaint to the Commissioner of police and National Human Rights Commission but no action was taken.The police, however, in their complaint had stated that Mursalin and Asif were apprehended at Purana Seelampur Ganda Nala with a motorcycle, a country made pistol and one live cartridge following a tip-off.After the complaint by the accused, the court had called for a status report from the IO. However, when the report was submitted the court said that “it was silent on the main complaint and there was no mention about the CCTV footage provided by the complainant”.The court has fixed the next date of hearing for December 19.
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CCTVs, street lights needed for safety: Delhi High Court

Lack of CCTVs, public toilets and street lights are contributing factors for rising crimes against women and children, according to the Delhi High Court, who directed that immediate measures be carried out to rectify the same.The court’s direction came while hearing a petition filed by Asha, a rag picker, whose daughters aged eight and 10 years have been missing from the Delhi’s Aman Vihar district. A bench of Justice Vipin Sanghi and Justice PS Teji directed the installation of high resolution, sufficient storage capacity and high technical specification CCTV cameras as top priority after the counsel for Delhi Police, Rahul Mehra informed the court that there are 118 vulnerable locations identified for which 587 CCTVs are required to be installed, and would be delayed due to lack of funds.The court said that there was a “grave urgency” for taking such steps and if sufficient funds were not available with the agencies, it would direct that the money was drawn from the Nirbhaya and Swachh Bharat Abhiyan funds. As per an affidavit filed by the then DCP of Outer District, Pankaj Kumar Singh, 389 children went missing from the area out of which 290 have been traced including 138 minor girls and 152 minor boys.Taking note of the “alarmingly” large number of missing cases of minors and adults in the area, the court has said it “reflects an extremely poor state of affairs” there.
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Delhi HC orders re-investigation of all acquittal cases by POSCO judge

The Delhi High court has ordered the re-investigation of all the cases of acquittal by a POCSO judge deputed at the Saket court complex in the national capital after it found some “fundamental and serious error in the approach of the learned Judge in deciding the cases.A bench of Justice Vipin Sanghi and Justice P S Teji called for all the case files of the decision rendered by Additional Sessions Judge Sunil Chaudhary while hearing an appeal in one of the acquittals.“We have come across several decisions rendered by the same learned Judge in cases under the Prevention of Children from Sexual Offences (POCSO) Act, and they all, prima-facie, appear to be laconic.“There is a fundamental and serious error in the approach of the learned Judge in deciding the cases which have come to our notice,” the court.The bench held that the situation demanded them “to examine all the decisions rendered by the Additional & Sessions Judge Sunil Chaudhary while discharging functions as the ASJ-01, South-East District, New Delhi, in cases under POCSO Act”.The court directed the District and Sessions Judge, South East District, New Delhi to place before the court all the decisions delivered by ASJ Chaudhary on the next date of hearing for examination by invoking its powers under section 397 and 401 CrPC.Section 397 CrPC empowers a high court or a sessions judge to call for and examine the record of any proceeding before any inferior criminal court within its jurisdiction.The court’s direction comes while hearing an appeal by Delhi police challenging the acquittal of a youth who had allegedly kidnapped and sexually assaulted a 10-year-old in the year 2010.​Additional Standing Counsel for the state, Rajat Kaytal said that “the judgement borders on perversity” following which the court found substance in the claim and held, “Prima-facie a reading of the impugned judgment gives us the same impression.”The court also took note of the three different appeals which had come from the judgments pronounced by the same judge and henceforth recalled all the records from the District and Sessions Judge.
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Delhi HC awards 3-year jail term to father ‘responsible’ for death of unborn baby

<!– /11440465/Dna_Article_Middle_300x250_BTF –>”There is no quick answer to the pain a woman feels after losing an unborn child, regardless of circumstances”, the Delhi High court has said while enhancing the sentence of a man for banging his car to a tree in fits of rage resulting in the death of his unborn eight-month baby in his wife’s womb.A bench of Justice Vipin Sanghi and Justice PS Teji enhanced the sentence to three years from a period already undergone. He also directed the accused to deposit Rs 3, 50,000 at the NPS School for Deaf and Dumb, Near Delhi Police Apartments, Mayur Vihar Phase-I, Delhi, an orphanage by way of seven installments in the sum of Rs.50,000 each. “It is also apparent that due to the act done by the respondent, not only his wife/complainant suffered injuries on her person, but an unborn child has also lost his life. There is no quick answer to the pain a woman feels after losing an unborn child, regardless of circumstances.”“The victim has been the unborn child. He is not in this world and, in view of the settlement arrived at between the respondent and his wife, his cause is not being pursued by his mother,” the bench said.The court’s direction comes while hearing an appeal by the State wherein they requested the enhancement of sentence of the Arshdeep Singh who was found guilty under sections 307 (Attempt to murder) and section 316 (Causing death of quick unborn child by act amounting to culpable homicide ) of the Indian Penal Code (IPC).According to a complaint lodged by his wife, Singh had marital discords with his wife. It also revealed that on April 17, 2013 her husband had come to her parental home to take her back and picked up a quarrel with her at parental home also.She also divulged that while returning in Santro Car, Singh threatened that he would kill her as well as the unborn child and would also kill himself. The convict then gave fist punches on the abdominal region of his wife and deliberately struck the car against a truck and then against a tree.The court held that even though both the parties might have come to a settlement but considering the background, the sentence should be enhanced.“In view of the peculiar facts and circumstances of the case and considering the submission made by the counsel for the respondent/ convict as well as learned APP for the State, we are of the opinion that the sentence awarded to the respondent/convict under Section 307/316 IPC is on the lower side and he deserves to undergo minimum sentence of three years of imprisonment, in addition to the period already undergone (19 days),” the court held.

Ask me about defamatory remarks, says Arun Jaitley

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Despite being cross-examined eight times by Arvind Kejriwal’s counsel, Union Minister Arun Jaitley said that not one question has been put to him by them on the alleged defamatory remarks made by the Delhi Chief Minister.Speaking in the Delhi High Court on Thursday, Jaitley who has filed a libel suit against the CM for the “defamatory remarks,” said to Kejriwal’s counsel. “You are not asking any question on the two defamation cases. Instead, you are travelling all throughout the world. This is the question where relevancy comes.”Appearing for Jaitley, his counsels, senior advocate Rajiv Nayyar and Sandeep Sethi, said that the defendants have been using “delaying tactics” and even after eight proceedings of cross-examination, the case does not see any finality.”We have had eight hearings, but the case does not see any finality,” they said, requesting Joint Registrar Rakesh Pandit to set three hearings to complete the cross-examination.The court, however, did not allow the request and said that a decision on this would be taken only after the hearing on the next date, i.e. November 30.Appearing for Kejriwal, his counsels, senior advocate Anoop George Chaudhary and Anupam Shrivastav, sought more time for the cross-examination.The court was hearing a defamation case filed by Jaitley against Kejriwal and five other AAP leaders for their remarks accusing the former of “financial bungling” during his tenure as President of the Delhi and District Cricket Association (DDCA).During the course of the hearing, Jaitley claimed that suspended BJP MP Kirti Azad had also made “false and motivated complaints” against him. He also testified that several cricketing clubs were affiliated to the sports committee of DDCA and one such club was of the Syndicate Bank.”The DDCA office bearers had committed no wrong. It was the bank which changed its decision. This is apparent from the documents which are on record. Notwithstanding this reality, Kirti Azad made a motivated complaint against the DDCA office bearers. It is, therefore, that I call it motivated,” Jaitley said in answer to a question.Meanwhile, the court has sought Jaitley’s response on three applications, each filed by Kejriwal, Ashutosh and Raghav Chaddha, seeking special audit report of DDA for the financial year 2012-2013, 2013-2014, 2014-2015.

Name Controversy? Delhi High Court advises makers of Barbie to ‘chill’

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Turning down the plea of Mattel the makers of Barbie for an ex-parte, in-camera hearing, the Delhi High Court issued a notice to the makers of the Bollywood movie Tera Intezaar. In the movies, the name Barbie Doll has been given to a song picturised on Sunny Leone.Mattel who manufactures the world famous doll has taken exception to the use of the word “Barbie” in the song without its permission. It has also stated in its plea that since the song has been picturised on an actor known for acting in adult movies, it could send a “wrong signal to children.”While issuing the notice, Justice Rajiv Sahai Endlaw noted, “The newspapers and the stories on the electronic news media in the country are today widely broadcasting the demand by one section of the society for a ban to another film.”The petitions filed in the Supreme Court in this regard have not met with any success and have been disposed of as premature owing to the CBFC having not granted a certificate to the film as yet. I am of the opinion that grant of any order (ex parte) as sought is likely to send a wrong signal to the public at large,” the court said while striking down the request for the ex-parte order.The court has sought the reply of Aman Bijal Mehta, the producer of the movie scheduled to be released on Friday to the plea made by Mattel.”The Barbie girl in the impugned song has been impersonated by an actress who is a prominent figure from the adult entertainment industry and the contents of the impugned song / its video are not suitable for children and are provocative and inappropriate for younger girls and children, tarnishing and degrading the distinctive quality of the mark “BARBIE”, the plea had contended.Earlier, appearing for the plaintiffs, its counsel Pravin Anand had earlier moved an application for ex-parte and in-camera hearing of the matter, “as the suit pertains to a highly confidential subject which may invoke media attention leading to distortion/misinterpretation of facts and the proceedings and in the absence of media reporting the parties may also be more receptive to a settlement.”The court not struck down the request but also also underlined the judgment passed by the US District Courts where both the plaintiffs and the defendants were told “to chill” after the former had gone to the court against the makers of the famous song ‘I am a Barbie Girl’ by the band Aqua for using their trademark in the song.The court also denied a request by the plaintiffs to restrain the release of the film. “Barbie is seeking in India what has been denied to it in the Court of its origin,” it said.PAST CONTROVERSYThe Delhi court also underlined the judgment passed by the US District Courts where both the plaintiffs and the defendants were told “to chill” after the former had gone to court against the makers of the song ‘I am a Barbie Girl’ by the band Aqua for using their trademark in the song.

Crime against women: Police should be held responsible, says Delhi High Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court on Thursday directed the Commissioner of Police, Delhi to be present in the court on December 11, with a plan to bring down crimes against women.A bench of Justice S Ravindra Bhat and Justice Sanjeev Sachdeva said that if CP, Amulya Patnaik, cannot be present, then any officer of his rank, like that of a Special CP or a JCP should come to represent him.The court’s direction comes after advocate Meera Bhatia, appointed as the amicus curiae in the case, informed the court that the police knew everything about who the criminals are, what types of crimes are taking place.”To bring down the crime rate, the Deputy Commissioner of Police (DCPs) should be held responsible as the entire city is divided into districts under the concerned DCPs.Following this, the court said, “The Commissioner of Police, any such person similar to his rank such as Special CP or Joint CP should be present in the court on the next date of hearing to explore the feasibility to monitor all cases of crimes against women,” the bench said.During the course of the hearing, Swati Maliwal, chairperson of the Delhi Commission for Women (DCW), broke down in the courtroom while narrating the ordeals of minor girls who have been raped.”In the last ten days, three minors have been sexually assaulted. I met all three of them. There is no improvement in the law and order in the city. Following these incidents, I went to several police stations but the strength of the officials is so less that they cannot do anything. There is no improvement,” she said.On a query from the bench, Maliwal informed them that on an average three rapes are taking place on a daily basis.This drew the ire of the court, which said,”From the last three years, we have seen that nothing has been happening. It is not to find faults but don’t reject the whole process. We suggest both the ministries to sit together and decide. Take it on a war footing.”Appearing for the Centre, Additional Solicitor General Sanjay Jain informed the court that a letter was written to the Ministry of Home Affairs (MHA) and the Ministry of Finance in compliance to the earlier order for recruitment of officers in the Delhi Police.While the Ministry of Finance did not file any response, the MHA did not give a substantive response.Why the cops?The Delhi High Court direction comes after advocate Meera Bhatia, appointed as the amicus curiae in the case, informed the court that the police know everything about who the criminals are, what types of crimes are taking place, with regard to cases on crimes against women.

Delhi High Court gives go ahead for Half Marathon to be held

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has cleared the way for the Half Marathon to be held in the Capital on November 19 after the organisers informed the court that participants will get a refund of the amount if they wanted to withdraw their candidature in view of the air pollution situation.A bench of Justice S Ravindra Bhat and Justice Sanjeev Sachdeva allowed the organisers, Procam International and Delhi Pollution Control Committee (DPCC) to go ahead with the event, after they mentioned the measures taken to give the best facilities possible to the participants.”The DPCC have placed on record the measures taken to prevent medical emergency and to ensure, provide the most conducive environment and the route for the participants. The organisers have facilitated the refund of money to those who do not wish to participate in the event in wake of the pollution,” the court said while allowing the event to be conducted.The court was informed that on the date of the event, the entire course would be washed with treated water mixed with salt and thereafter there would be intermittent spraying of water on the route from 2 am to 10 am.Appearing for the event promoter, senior counsel Rajiv Nayyar said that around 150 mist fans would be deployed at varying heights at Jawaharlal Nehru Stadium.”Two medical camps, 75 doctors, 100 nurses, 50 physiotherapists, 12 water stations, 98,000 bisleri bottles have been kept for the participants. In addition, Max Hospital is nearby in case there is a medical emergency,” he said.Appearing for Delhi government, Naushad Ahmed Khan, said that the conditions are now “viable” and the event could be conducted. Following this, the court allowed the organisers to go ahead with the event, adding that the participants can opt out if they want.The court’s order comes in wake of a letter written by the Indian Medical Association (IMA) urging to pass necessary directions to postpone the Delhi Half Marathon after terming the air quality of the national capital as “poor” and “unsafe.”

Delhi High Court directs CARA to give NoC to adoptive parents

<!– /11440465/Dna_Article_Middle_300x250_BTF –>It would be”grave injustice” to a child if he is not allowed to unite with his adoptive parents, despite all the formalities being fulfilled, the Delhi High Court has said while directing the Central Adoption Resource Authority (CARA) to give no-objection certificate (NoC) to the parents to take their adopted son to Germany.Justice Sanjeev Sachdeva said that the NoC shall be granted within two weeks while directing the Ministry of External Affairs/Regional Passport Officer to issue a passport within a period of two weeks thereafter.The court’s order comes in wake of a plea filed by 13-year-old Divyansh Arora through his biological father Raj Kumar Arora. According to the plea, Divyansh was adopted by his paternal uncle Dalip Kumar Arora and his wife Vaishali Arora.The minor was adopted because Dalip and his wife did not have a child despite undergoing several medical treatments. Following this, the couple adopted their younger brother’s son following all the formalities of adoption on January 26, 2015. The next day, the adoption deed was made in a Delhi court.Since both the adopted parents were residing at Hannover, Germany and were Overseas Citizen of India, and it was an inter-country adoption, the petitioner approached CARA, as directed by the German Consulate at Delhi.The plea contended that CARA refused to assist them and required them to apply through proper channel for adoption on the premise that CARA was the central authority regulating inter-country adoptions, which were guided by the provisions of The Hague Convention, 1993 and accordingly, the parents would require an NoC from CARA, prior to applying for a visa.The parents of the petitioner allege to have approached CARA various times but said there was no response or assistance from them. The plea also claimed that CARA had forced them to undergo a cumbersome process and the guidelines issued in 2015, as it was notified after the adoption.CARA, on the other hand, contended that it was mandatory for the adoptive parents to obtain the agreement/approval of the central authority concerned in Germany, as well as the NOC (agreement) of CARA under Article 17 of The Hague Convention on Prevention of Children & Cooperation, in respect of Inter-Country Adoption, 1993.The court noted that the petitioner had placed on record a judgment of the Higher Regional Civil Court at Germany recognising the adoption of the petitioner and also recognising the judgement of the Court of District & Sessions Judge (West), Tis Hazari Courts.While allowing the plea, the court said, “The adoption ceremonies were performed in January 26, 2015, and the adoption deed was executed on the next day and for over two-and-a-half years, the minor child has been living with uncertainty and till date, has not been integrated with his adoptive family in the new country of residence.”The court noted that according to the judgement in the guardianship petition, Divyansh was lawfully adopted, and said the judgement has attained finality.”…and even if the petitioner was to wish, the petitioner cannot reunite with his biological parents. The petitioner’s birth certificate and his Aadhaar card have already been modified and the names of his adoptive parents have already been substituted, therein in place of his biological parents. Further, it is not a case of adoption between strangers. The present is a case of adoption between family members,” the court said.The judge also noted that all relations of the minor and his natural family has been severed and “if he is not permitted to unite with his adoptive family, then the child would be in a precarious position, where his relations with the biological parents have severed and the relations with his adoptive family are not permitted to be joined. It would cause grave injustice to a child”.NO RESPONSEThe plea contended that CARA refused to assist the parents. The parents of the petitioner alleged to have approached CARA various times but said there was no response or assistance from them.

Delhi High Court quashes MSCW summons against Golf Club Secy

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The functions of the Meghalaya State Commission for Women (MSCW) are related to advising the state government in matters pertaining to women and its application is limited to Meghalaya, the Delhi High Court has said while quashing the summons issued by the MSCW in connection with the alleged discrimination against a tribal woman at the Delhi Golf Club.Justice Vibhu Bhakru also said that according to the MSCW Act, 2005, the women’s body “does not have extraterritorial operation outside the state of Meghalaya”.On November 7, the court had stated that “the impugned notice issued to summon the Secretary of the petitioner is quashed. The Commission has no jurisdiction to pursue any proceedings with regard to the events that transpired at the Delhi Golf Club.”Tailin Lyngdoh, a governess, had accused the club and its members of racial profiling of people, which was tantamount to racial discrimination of tribal people, a punishable offense.Following this, a summon was served to the club which was challenged in the Delhi High Court. The court noted that the only question to decide is whether the commission can initiate any inquiry against the club, along with its officials. appearing for the petitioners, senior counsel Dayan Krishnan said that there was no racial discrimination as was alleged. The rules of the club do not permit members from bringing maids/domestic help inside the premises to render assistance to them, their children or their guests.”In the present case, there is no dispute that the incident complained of occurred in Delhi and no part of the cause of the action had arisen within the state of Meghalaya. The petitioner (Delhi Golf Club) also does not have any presence in any state other than in NCT of Delhi,’ the court order said.”As stated hereinbefore, the Act is applicable only in the State of Meghalaya and therefore, the commission does not have the jurisdiction to entertain complaints regarding events/incidents that have occurred outside the state,” the court said in its 10-page order.The court said the commission is empowered to look into the complaints relating to women and take up such matters with appropriate authorities.Earlier on October 9, the Delhi High Court had sought the reply of the Centre and the Delhi Golf Club on a plea filed by Lyngdoh and three others seeking direction to places of public entertainment not to discriminate against anyone or violate the right to human dignity.Lyngdoh, who was not allowed in the club, allegedly for wearing’Jainsem’, a traditional Khasi attire had also sought compensation of Rs 1.1,200-acre green. 245

Najeeb Ahmed case: CBI rejects cops’ theory

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Central Bureau of Investigation (CBI) has rejected the Delhi Police’s theory that the missing Jawaharlal Nehru University (JNU) student, Najeeb Ahmed, took an auto to the Jamia Millia Islamia (JMI) hours before he went missing, the counsel for his mother Fatima Nafees has said.Speaking to DNA, Pallavi Sharma, one of the counsels appearing for Nafees, said the status report, which was submitted to the Delhi High Court in a sealed cover, stated that the auto driver confessed to the CBI that he pressurised by the Delhi Police to say that Najeeb boarded his auto.The status report was given to the counsels for their perusal for a brief time and was thereafter returned to Nikhil Goel, the counsel appearing for the CBI. Goel had refused to give a copy to the petitioner’s counsel because of the concern that it might be leaked to the media. The issue, however, was not discussed during the court proceedings.Najeeb, 27, a student of MSc Biotechnology, had gone missing from the Mahi-Mandvi hostel of JNU on October 15, last year, following a scuffle with some other students, allegedly affiliated to student body Akhil Bharatiya Vidyarthi Parishad (ABVP). The CBI took over the case on May 16, 2017, as Delhi Police had remained clueless for seven months to trace the student, who hailed from Badaun in Uttar Pradesh.”The court has heard the submissions of the parties. The status report filed reflects the future steps taken by the CBI in the matter. The court does not consider it appropriate to discuss the details set out in the status report,” a bench of Justices S Muralidhar and I S Mehtra said.In the status report, the CBI said it was awaiting the forensic results of the mobilephones of nine JNU students, which were seized in connection with the probe. The CBI informed the court that their investigation was underway and mobile phones of the nine suspect students has been sent to the Forensic Science Laboratory (FSL), whose report is pending.He added that considering the sensitive nature of the case, it would be difficult for them if the media reported about it. He also sought in-camera proceedings. The court, however, said the decision would be taken on the next date of hearing, i.e December 21.The senior advocate, appearing for Najeeb’s mother, questioned why did the CBI not arrest the students to extract information, claiming that it was a political abduction.On this, the court said:”We cannot put unnecessary pressure on the probing agency.We completely understand the anxiety and tension of the parents,” the bench said.

Filthy pond makes teen move High Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Fed up with the foul smell of garbage and sewer water in a pond adjacent to a government school, a 16-year-old girl has knocked the Delhi High Court’s door, seeking directions to the authorities to clean the water body.Simran, a student of Class IX in Sarvodya Kanya Vidyalaya, Aya Nagar, in south Delhi, has highlighted the plight of all her friends, teachers, and residents of the area, who have been falling sick because of the garbage that is being dumped in a nearby pond in the absence of ‘dhalaos’.A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar expressed concerns over the condition and the health of individuals because of the pond. The court ordered immediate inspection of the area, directing the Delhi government, South Delhi Municipal Corporation (SDMC), and Delhi Jal Board (DJB) to do so.The court also asked the petitioner, Simran, to point out the area to the authorities, who would have to file a status report about the garbage and the sewer issues in the area.Speaking to DNA, Simran said she has been facing the issue for the last one year. “I have been studying in this school for the last six years. But from the last one year, the situation has become intolerable. Many of my friends have fallen sick. Also, there is a mosquito menace because of the garbage,” she said.She further said that several complaints have been made in this regard, but no action has been taken to solve the issues. “Both me and my parents had told the principal, who assured us that she will complain to the authorities. But, nothing happened. Teachers and students, all face the same problem,” she added.The court said that if the allegations were found to be correct, rectification measures will be taken immediately.Meanwhile, councillor of Aya Nagar, Ved Pal, told DNA that students have been facing this problem as there is not even a single dhalao in the area. “We are waiting for the dhalao land for Aya Nagar and Jonapur. As soon as we get the land from the Delhi government, the problem would be solved,” he said.The court has fixed the next date of hearing on February 5.

Inmate fasts, Tihar bosses get mouthful

<!– /11440465/Dna_Article_Middle_300x250_BTF –>After authorities at Tihar Jail allowed an undertrial, accused of killing his mother, to remain on hunger strike for two months, a Delhi court pulled them up for “ill treating” the accused and directed the authorities to provide all possible medical aid to him.Additional Sessions Judge Ajay Pandey was forced to intervene in the matter when he saw the accused, Laxman Kumar Naydu, shivering inside the court room during a hearing on Thursday.The judge also offered two glasses of honey water to the under trial to break his fast in the court room and assured him of medical aid.On interacting with the accused, the court found out that he was called to the jail dispensary on September 7 for his medical examination. However, the court was told that the doctor in the dispensary misbehaved with him. Naydu also informed the court that he expressed his desire to die following which “the doctor advised me that I can leave food if I want to die”. He added that he had not taken any meal or food since September 7.According to the medical report, it was stated that the accused was examined by the jail-visiting psychiatrist. On examination the psychiatrist noted, “(the accused) wishes to die (passive) and depressed mood but no active suicidal ideation”.ASJ Pandey said the interaction with the accused “reflects that he is not being properly treated and the jail doctors and the visiting psychiatrist are not competent to deal with him”.”Accused is in judicial custody and it is the duty of the court to see that if he was suffering from any problem, he should be provided with proper treatment in the jail. It is the further duty of the court to bring the irregularities, if any, about the proper custody of the accused to the notice of the responsible officers and to seek a proper report,” the judge added.Naydu was arrested after he called the police admitting that he had murdered his mother by hitting her with a brick and strangulating her with a plastic pipe on April 24.

Government servant sued by 5th wife seeks bail

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A man, after being accused of dowry harassment and forceful unnatural sex by his fifth wife, has moved the Delhi High Court (HC) for anticipatory bail. The court has, however, sent him for mediation and stated that he should be in jail for conducting five marriages, despite being a government servant, his own lawyer Rajendra Prasad said.The accused, Yunus Salim, 51, works as the head household assistant at the President Secretariat. As per law, a government servant cannot conduct more than one marriage. He had approached the HC after his anticipatory bail was rejected by Additional Sessions Judge Virendra Goyal, “considering the nature and gravity of the offence”.According to the complaint filed by Naiema Parveen, Salim’s fifth wife, he harassed her for dowry and forced her to have unnatural sex with him.She further alleged that he also took her nude photographs, made adult films, and threatened her of making the videos public, before giving her oral talaq (divorce).Parveen and Salim had tied the knot on June 6, 2014, and were divorced on October 20, 2015. Parveen then filed the a complaint on November 28, 2015, following which an FIR was registered against the accused on December 23, 2016.Salim, who has four daughters from two previous marriages, has claimed that Parveen was this third wife, not fifth. He also furnished related documents, supporting his claim. Rejecting all allegations levelled against him, he said he was being falsely implicated.He further said the FIR was registered more than a year after the complaint was registered, which proved that the police initiated the case with active connivance of the complainant to harass, humiliate, and torture him, as well as to extort money.Salim also alleged that Parveen, along with her family members, forcibly entered the premises of the President Secretariat and threw him out of his house.His counsel Prasad said Justice Najmi Waziri referred the matter to mediation, considering the future of his daughters. He further said that Salim has already deposited Rs 2 lakh in the HC registry for mediation, and the next date for hearing has been fixed as November 13.

Delhi High Court tells DTC: Give 17 years salary to dismissed conductor

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has directed the DTC to give the salary of 17 years with revisions to a bus conductor. Earlier, the conductor had been removed from service at the instance of an apparently disgruntled co-worker, on the grounds that the institution from which he had obtained his matriculation was not one whose certificates were recognised for employment with the Centre.While passing the order, Justice C Hari Shankar observed, “Removal of a low paid employee, such as a conductor, from service, has far-reaching consequences. It amounts to a civil death.It eviscerates not only the livelihood of the employee concerned but has the perilous potentiality of wiping out his entire family, and all others dependent on him for substance”.Chander Singh was a retainer crew conductor employed with the DTC on February 11, 1981. Consequent upon the completion of probation, his services were confirmed on August 10, 1982. However, a couple of years later, one Ram Singh, another employee, informed the DTC that Chander was not a matriculate even though he had given documents pertaining to his qualification.Following an inquiry conducted against him, Chander was removed from service. This removal was challenged by the conductor in a labour court which termed the order of removal as “illegal” and “unjustified.”The Tribunal directed the re-reinstatement of the conductor with continuity of service and full back wages, noting that he had been unemployed since the date of termination.This order was challenged by the DTC in the High Court stating that the conductor was guilty of cheating, fraud and misconduct.The court mentioned that the conductor had not contested the proceedings and there was no clue as to whether he was dead or alive.”I do not know whether he is alive, or dead and neither does the petitioner (DTC). Whether this order would, in the ultimate eventuate, have any meaning, for anyone, is a moot question. Are we, at the end of it all, serving the cause of justice?”, the court asked.Justice Hari Shankar also said, “the removal of the conductor from service betrays an indifference to the consequences of such an action which is pathetic as well as apathetic”.”I, therefore, entirely concur with the learned Tribunal in holding that the removal of the petitioner from service was illegal and unjustified,” the court said in its order.The court also rapped the DTC stating the “though the facts of the present case would warrant the imposition of heavy costs on the petitioner (DTC), I reluctantly refrain from doing so, as there is no appearance on behalf of the respondent.”Justice Hari Shankar noted that reinstatement after such a long time would serve no purpose. He thereby directed the DTC to make all efforts to trace the conductor and disburse, “the quantum of wages, which he would have earned, had he continued in service till superannuation…””This would also include any increments, enhancement on account of pay revisions, etc. to which the Singh would have become entitled from time to time,” he added.

Act immediately to fight ’emergency situation’

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Deeming the current weather condition in the Capital an “emergency situation”, the Delhi High court has directed the Centre to hold meetings with relevant authorities in Delhi and adjoining states of the National Capital Region (NCR) to introduce short-term measures to control pollution immediately.A bench of Justice S Ravindra Bhat and Justice Sanjeev Sachdeva also issued a slew of measures including water sprinkling, cloud seeding, and an immediate ban on constructions to battle the “pea soup fog”, which it said had engulfed the city of London in 1952.”What we are facing today has already been faced by London. They call it a pea soup fog. It is a killer. Stubble burning is the visible villain in it, but there are other elephants in the room, too,” the bench said.”Stubble smog is the cataliser but construction dust on road, vehicular emissions and industrial pollution is a deadly mix. We have to deal with it one by one. But, what can be done immediately?” the court asked.During the course of the hearing, the court-appointed amicus-curiae, senior counsel Kailash Vasdev, informed the court that several measures like a total ban on the felling of trees, sprinkling water on the streets and ensuring sufficient supply of oxygen should immediately be taken to bring the situation under control.He also sought that Delhi and all the neighbouring states like Punjab, Haryana, Uttar Pradesh and Rajasthan should file a status report on stubble burning.

Reserve 5% for disabled in shop allotments: Delhi High Court to Centre

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has directed the Centre to keep five per cent reservation for persons with disabilities with respect to the allotment of shops after a plea was filed for proper implementation of the Persons with Disabilities Act, 1995.A bench of Justices S Ravindra Bhat and Justice Sanjeev Sachdeva said reservation be worked out following a roster system that would require the vacancies to be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots.The court’s order comes on the petition filed by one Amit Kumar Mit, who had demanded proper implementation of Section 43 of the Persons with Disabilities Act, 1995, which directs a system of preferences, unlike section 33 of the pre-existing Act. Section 43 enjoins appropriate authorities and public establishments to give preferential treatment in allotment.The petitioner had alleged that the Ministry of Urban Development had flouted the mandate of Section 43 by not providing effective means to ensure that the 3 per cent quota set apart for persons with disabilities was filled in matters of allotment of public spaces or shops within their control.”…in case of persons with disabilities, the vacancies will have to be worked out at the 30th, 60th, 90th, 150th and 180th vacancy slots,” the bench said, adding that the roster system also requires alteration given the fact that new enactment mandates five per cent quota.The court also directed the Centre to look into the allegations of the petitioner with respect to the violation of the guidelines of allotment of shops to those not eligible.In an earlier order, the bench had directed the Centre to consider adoption of a roster point system so that when the allotment of shops are considered cumulatively, at fixed points, disabled persons are entitled to allotment.The bench also directed the Centre “to ensure that the fresh roster in accordance with the new Act is prepared and placed in the public domain appropriately within six weeks”.

Stubble not the only villain: Delhi High Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Stating that though stubble burning becomes a visible villain during winter season, the Delhi High Court (HC) said on Tuesday that there were other big issues responsible for the worsening air quality in the capital, such as vehicular and industrial pollution.The court’s observation came while hearing a public interest litigation (PIL) initiated by itself in 2015 and a plea filed by another person to address the issue of poor air quality in the national Capital.”Stubble burning becomes the villain as the dust problem aggravates because of the weather. But the load is already there. Trigger issues such as vehicular and construction dust are already there,” a bench of Justices Ravindra Bhat and Sanjeev Sachdeva stated.Court-appointed amicus curiae, senior counsel Kailash Vasdev, informed the court that the conditions have been deteriorating and despite several orders passed prior to Tuesday’s hearing, no action has been taken by the governments.When asked about the remedial methods, the Centre said they have filed an affidavit. “What is the concrete action taken? We had asked to form a committee. Air pollution is something that concerns all of us. It affects each one of us,” the court said.The court also stated that though the problem of stubble burning might take some time to eradicate, some regulation could definitely be enforced to mitigate the construction dust.The bench directed the states and Centre to inform the court of all the actions taken by them in compliance with the order dated September 22, wherein it had directed the governments of the neighbouring states of the Capital to implement the notifications under the Air Pollution Act to ban the burning of crop residue.The court had also directed the governments of Punjab, Haryana, Rajasthan, and Uttar Pradesh to issue orders to all companies and plants, to discharge their corporate social responsibility..

Delhi High Court: Use Nirbhaya Fund to rescue missing girls

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Money from the Nirbhaya Fund should be allocated to make special units to rescue and rehabilitate missing girl children in the country, the Delhi High Court said on Monday.”Trafficking of girl children and instances of sexual abuse, particularly of girl child, call for allocation of money from the Nirbhaya Fund inter alia for the formation of specialised units, which would work in coordination with the state police forces to implement Standard Operating Procedure (SOP) with the purpose of rescue and rehabilitation of girl children, who have gone missing or trafficked,” a bench of Justices S Muralidhar and IS Mehta said.The bench stated this while hearing a matter pertaining to the missing children, wherein it has been examining ways and means to address the issue of tracing them and restoring them to their families.The court said that such units should be constituted by the National Commission of Women and National Commission for Protection of Child Rights (NCPCR) on a priority basis, following which the final proposal will be placed before the Empowered Committee of the Ministry Women and Child Development (WCD).”The Secretary, WCD, would call a meeting of all the above said bodies and file a report within four weeks,” the court said, thereby fixing the next date of hearing on December 19.Appearing for the Centre, standing counsel Anil Soni informed the court that as many as 22 projects have been started from the “non-lapsable” Nirbhaya Fund, which was started in 2013.In the affidavit submitted in the court by the WCD Ministry, it was stated that Rs 3,100 crore has been allocated to the Nirbhaya Fund till August this year and 22 proposals on women’s safety and security, with an estimated allocation of Rs 2,209.19 crore, has been recommended by the Empowered Committee.During the course of hearing, counsel for the Delhi government, Rahul Mehra, said that the face recognition software will cost Rs 15 crore and that has to be given by the Centre, following which the court directed the latter to file a status report in this regard by the next date of hearing.Appearing for the petitioner, senior counsel HS Phoolka said the data regarding the missing children be given to the Bachpan Bachao Andolan (BBA).NIRBHAYA FUNDStarted by Govt of India in 2013, with a corpus of Rs 1,000 crore. An amount of Rs 1,000 crore more was provided in 2014-2015.
Rs 550 crore was provided for financial year 2015-2016. Total funds since inception: Rs 3,100 crore. Money spent on 22 projects: Rs 2,209.19 crore.

Ensure no vehicle is parked near Delhi High Court, cops told

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court (HC) directed on Monday that no vehicle of any kind should be parked around the court on the Sher Shah Road in central Delhi.A bench of Justices Ravindra Bhat and Sanjeev Sachdeva directed that “the Delhi Traffic Police shall ensure that no vehicle of any kind, whatsoever, is parked on the Sher Shah Road, hereafter”.The court was hearing a public interest litigation (PIL) filed by journalist Pankaj Yadav, who has sought a stay on the construction of a fountain on the ground that the money being used for that could be instead used to improve civic amenities in trial court complexes and to make them disabled-friendly.It was contended in the plea that on August 17, a hoax bomb call was made to the Delhi HC and the rescue vehicles could hardly enter the premises because of the cars parked there.”The police shall take all necessary steps to clear the cars that are parked, regardless of their owners (litigants, officials or lawyers). These directions shall be implemented immediately upon expiry of a week,” the bench said in its order.The court further directed that the litigants and the lawyers should be made aware about the Underground Automated Parking.”Among the class of litigants, the officials who visit or attend the court should be made aware of the possibility of parking their vehicles in the Underground Automated Parking Lot,” the court directed.The court also stated that all possible endeavours should be made by the Delhi High Court Bar Association (DHCBA) to ensure that no vehicles are parked around the HC premises.”The HC establishment shall consider the feasibility of providing a technical solution for the problem of parking for automatic transmission vehicles,” the bench stated.While passing these directions, the court also called for the status reports with respect to the traffic position in each of the district courts, to be filed by the principal judge in-charge of each court complex.A suggestion was also made by the Bar Association that open-stack parking of the kind used at the Rohini court may be considered, though in a limited manner.The court directed that the HC establishment shall consider the feasibility of adopting this for appropriate use. Unauthorised parking outside the HC has been a menace, especially due to security concerns.

Man absolved of son’s sodomy

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A Delhi court has acquitted a man accused of getting his nine-month-old child sodomised by transgenders. The court observed that the man was falsely implicated by his wife.Also, deciding to not initiate a criminal case of perjury against the woman, Additional Sessions Judge Ashwini Kumar Sarpal cautioned her.According to the prosecution, the woman registered a complaint on February 17 this year, claiming that she saw blood coming out of the anus of infant. Following this, she took the child to the hospital, where doctors reportedly told her that he might have been sodomised.According to the complaint, the woman said the accused had taken the child to the transgenders in Khichripur two-three months ago, where he was kept for a week. Following this, an FIR was registered under Section 377 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences Act (POCSO).Since the child was an infant, his mother’s statement was recorded before the Magistrate. Later, however, she turned hostile and deposed that she had falsely implicated her husband as they had been quarrelling.”She admitted that she saw blood coming out of the child’s anus and took him to the hospital, where doctor suspected sodomy but she also said that she falsely implicated her husband as he was fighting with her and not living with her,” the court stated.It also held that the complainant did not witness the incident herself. “The complainant has totally exonerated the accused and accepted that whatever she told to anyone about the incident was told at the instance of the police as well as due to her own anger,” the judge said.The judge further said: “During cross examination, she denied seeing or meeting the accused for 6-7 months before the day she saw the victim bleeding. Thus, another allegation made in the FIR, that she saw the accused taking the victim with him to the transgenders, was found to be false.”The court held that the complaint amounted to perjury but considering that the accused was now taking care of his wife and children and did not want any action against her, she was let off with warning.”The accused does not want any action against his wife. Also, the complainant also less than 18 years of age when she was examined in the court. She has to look after her minor child. So, in the interest of justice, I do not propose to take any criminal action against her,” the court stated.

Two booked for 1984 anti-Sikh riots

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Decades after the 1984 anti-Sikh riots, two persons who allegedly incited a mob of 800-1,000 people to kill two people and injure others stand to face trial, after a Delhi court framed charges against them. Additional Sessions Judge Ajay Pandey put Naresh Sehrawat and Yash Pal Singh to trial, after the SIT constituted by the Narendra Modi-led government in 2015 booked them for provoking the mob in south Delhi’s Mahipalpur area. “There is prima facie sufficient material on record to frame charges against both the accused,” the court stated.The case pertains to the riots that broke after the assassination of the then Prime Minister Indira Gandhi by her Sikh bodyguard. On this date in 1984, the mob allegedly incited by Sehrawat and Yash Pal killed Hardev Singh and Avtar Singh and left several others injured. “That on November 1, 1984, at 9 am, both of you (Sehrawat and Yash Pal) were a part of a rioting mob of 800-1,000 persons who were armed with iron rods, sticks, danda, hockey sticks, stones, and kerosene oil. And both of you, in pursuance of the criminal conspiracy, broke open the door and window of Surjeet Kumar’s room,” the court said, while framing the charges against the duo. In 1993, the case was re-opened on the statement of one Santokh Singh, a resident of Khalsa Kirana Store in Mahipalpur. Singh, before the Ranganath Mishra Commission of Inquiry, which was constituted on the recommendation of Justice DK Jain and DK Agarwal Committee, had said that the accused had incited the mob.But, during the hearing in the court, he admitted that he was not an eye-witness and that whatever he had deposed in the affidavit before the Mishra Commission was on the basis of what the villagers of Mahipalpur had told him. The police, thereafter, filed an untraceable report. The case was again re-opened by the SIT, which took the statement of the deceased’s brother, who was also injured in the same attack and was an eye-witness.

Delhi High Court stays demolition of Kathputli Colony

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi HC on Tuesday stayed the demolition of Kathputli Colony for 16 days. This came after a petition was moved by an NGO and some residents seeking time for voluntary relocation of the residents and filing of appeals by those ineligible for rehabilitation.A bench of Acting Chief Justice Gita Mittal and Justice C Harishankar also directed the police officers of Ranjit Nagar to maintain “strict status quo” in the West Delhi colony thereby restricting the residents to carry out any permanent construction in the area.The court’s direction came on the plea filed by an NGO, Centre for Holistic Development and some residents who had challenged the demolition drive carried out by the DDA at the colony spread across 14 acres. The court also issued a notice to the Delhi Development Authority (DDA), Delhi Police, Delhi government, Delhi Urban Shelter Improvement Board (DUSIB) and Ministry of Housing and Urban Poverty Alleviation, and sought their responses on the plea filed through advocate Kamlesh Kumar Mishra.Appearing for the Centre, Additional Solicitor General, Sanjay Jain informed the court that substantial demolition has already been carried out on the spot and that the DDA is working on its project of effecting relocation of the eligible slum dwellers from the colony in order to implement rehabilitation.

Arvind Kejriwal’s plea for DDCA papers denied

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Stating that the court ‘cannot be used as an instrument to create evidence or conduct the roving and fishing enquiry for Arvind Kejriwal, the Delhi High Court (HC) on Tuesday dismissed the Chief Minister’s application that sought summoning of the minutes of Delhi and District Cricket Association (DDCA) meetings, held when Union Minister Arun Jaitley was the president of the sporting body.Joint Registrar Pankaj Gupta refused to admit the application filed in connection with a civil defamation case, lodged by Jaitley against Kejriwal and five other Aam Aadmi Party (AAP) leaders.Appearing for Kejriwal, his counsel had argued that subject record was needed during the cross-examination of the witness. The court, however, refused to accept this contention and said: “The onus to prove the issues is on the defendant no. 1 (Kejriwal). He has to stand on his own legs.”The court also stated that while filing the written statement, Kejriwal had mentioned a number of documents, such as complaints, reports of committees, and print and electronic media reports. There was, however, no mention of the subject record.”It implies that the subject record was not even in the public domain during the period when the defendant no. 1 (Kejriwal) made the statements. Otherwise, he must have filed the same along with the written statement,” the court said.”It is nowhere mentioned in the case of the defendant no 1 (Kejriwal) that he has gone through the subject record at any point of time. It implies that he himself is not aware of the contents of the documents forming part of the subject record. Thus, Kejriwal has failed to substantiate the basis to summon Jaitley for cross-examination,” the court stated in its 15-page order.In his application, Kejriwal, through his counsel Anupam Shrivastav, sought the minutes of the meetings held by the General Body and the Executive Committee or Board of Directors of DDCA between 1999 and 2014. Appearing for Jaitley, his counsel Amit Mahajan had said that the application was not moved properly.Jaitley had filed a Rs 10 crore civil defamation suit against Kejriwal and five other AAP members for accusing him of financial irregularities during his tenure as the DDCA president. The AAP leaders had allegedly attacked Jaitley and his family members, including on social media, over the alleged irregularities and financial bungling in the sporting body.Kejriwal is also facing another Rs 10 crore defamation suit, filed by Jaitley in May this year, over the use of an objectionable word by his lawyer, Ram Jethmalani, during the Union Minister’s cross-examination.

Consider accommodating transgender officer: Delhi High Court

<!– /11440465/Dna_Article_Middle_300x250_BTF –>A transgender Navy officer, who was ousted out of service for undergoing a sex change operation, on Monday knocked the doors of the Delhi High Court which asked the Centre to consider his plight and accommodate him for some alternative stream. A bench of Justices GS Sistani and V Kameswar Rao asked the Centre to think over the issue and come out with a solution considering the present case as“out of the box”.“This falls in a special domain. Imagine if she had suppressed the information, then it would have been dangerous,” the bench said, adding, that she can be penalised for indiscipline but something could be done to accommodate her. Appearing for the Centre, Additional Solicitor General Sanjay Jain said that this is a matter of policy decision and the Navy is the best placed to see if they can accommodate the female sailor.“Here the question is not about transgenders. Its a case of whether a woman can continue as a sailor,” Jain said. The court was hearing the petition filed by the transgender sailor posted onboard INS Eksila at Visakhapatnam. It said that the petitioner can give up his claim for the job of a sailor and may accept a clerical position so that the family, comprising aged parents, the individual’s wife, and child, need not suffer.While hearing the plea, where the sailor had challenged an order of October 6, the bench said, “the mindset should change. In today’s situation, a medical condition like this cannot be suppressed.”ASJ Jain informed the court that the petitioner has a history of indiscipline and at several instances, had been absent from duty without prior information. Hence, giving an alternative work would block a seat. The court, while stating that they would not get into the territory of the Navy, but ask them to consider the situation. In her plea, the petitioner had claimed that she was suffering from gender identity issues since 2011 and when she told her parents, they forced her to marry a woman.

Court directs demolition of police post in north Delhi

<!– /11440465/Dna_Article_Middle_300x250_BTF –>The Delhi High Court has directed the NDMC and the Delhi Police to file a compliance report in connection to the removal of a police post in north Delhi’s Chandni Chowk after the SHO of the area, overriding the Deputy Commissioner of Police (DCP) of the district, said that alternative arrangements have been made for them and said the structure is not in use now.A bench of Justice S Muralidhar and Justice I S Mehta directed that the report is filed within four weeks after the two parties, NDMC and the Delhi Police agreed to demolish the encroachment following the court’s rap.The court’s order came as a follow up to its previous order of September 13, where it had asked Jatin Narwal, DCP, North to explain what was being done about the unused police chowki at Chandni Chowk main carriageway.Replying to this, Narwal handed a note to the court asserting that the”structure is very much in use and is important from policing point of view, in a crowded market”. He also claimed that since it is not causing any obstruction in the traffic, as well as the pedestrian movement, the post should not be removed.However, the court found that the stand of the DCP was “diametrically opposite” to what was stated by Secretary, PWD, Arun Barok in an affidavit dated November 26, 2014. According to the affidavit submitted in the court, the Kotwali police Chowki was an encroachment on the Chandni Chowk main carriageway and set a target of January 15, 2015, for its removal which was subsequently shifted to July 31, 2015.During the hearing on October 23, OP Lekhwal, SHO, PS Kotwali stated that the police post is not being put to use. “The photos enclosed with the note of the DCP also show the structure is dilapidated with broken window panes. It is plain that the structure is not being put to use at all. It is stated that the said structure has, in fact, not been put to use for over three years now,” the court said in its order.The court held that the DCP’s stand of the structure being very much in use is “incorrect and misleading”.”The structure having been identified as an encroachment way back in November 2014, more than three years, thereafter to assert that it is not an encroachment is simply unacceptable. The assurance to the court regarding the removal of the said structure had to be adhered to. The time target of the PWD has long exceeded.”With the court being informed that the alternate site for the police post having already been identified, there is no question of police now claiming that it requires the police post to remain, particularly since it has not been put to use for the last three years.”Following this, the NDMC and Delhi Police agreed to remove the structure within four weeks and a compliance report in this regard will be jointly be filed in the court on the next date of hearing on November 22.Appearing for the Chandni Chowk Sarvavyapar Mandal, its counsel Sanjeev Ralli had said that the structure is defunct and non-operational.The court was hearing pleas filed by NGO Manushi Sangathan and others in 2007 on the issue of redevelopment of the walled city and creation of lanes for non-motorised vehicles.

Delhi High court asks govt about pension meant for aged, disabled people

<!– /11440465/Dna_Article_Middle_300x250_BTF –>Stating that the court is not helpless, the Delhi High court on Thursday questioned the Delhi government whether it has distributed pension to the aged and disabled people who were earlier covered under the schemes of municipal corporations.”Let be made clear that the court is not helpless,” Justice AK Chawla said.The court’s observation came on a contempt petition filed against the Delhi chief secretary and three MCD commissioners for not giving Delhi government a list of beneficiaries of pension schemes for aged and disabled people.Appearing for the Delhi government, its counsel said that they have filed a status report. However, the court refused to entertain his argument and said, ” Leave aside the stand. Ultimately, what is the outcome.””You are not understanding the seriousness of the case,” the court said, thereby directing the government to file a compliance report and not a status report as they have been doing earlier and fixed the next date of hearing to December 8.While disposing of the PIL, a division bench of the high court had on January 20, 2016 directed all the three MCDs to furnish list of the aged beneficiaries of pension under the MCD schemes to the Delhi government in four weeks.Advocate Ashok Aggarwal, appearing for NGO Social Jurist which has filed the contempt plea, argued that the government was not making any effort to comply with the last year’s order and they should depute officials to visit the houses of the beneficiaries for verification.The plea has alleged that the government and civic bodies were “willfully and deliberately disobeying and not complying with the court’s order” passed last year.

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