Delhi High Court | Business Upturn

Zee Entertainment files Rs 28.75 crore lawsuit against Jiostar India

Yash Agarwal — Thu, 07 May 2026 12:57:27 +0000

Zee Entertainment Enterprises has initiated legal proceedings against Jiostar India Private Limited over copyright infringement issues. The commercial suit, filed in the Hon’ble Delhi High Court, alleges that Jiostar has been using Zee Entertainment‘s copyrighted sound recordings without authorisation after the expiration of their license agreement.

The dispute centres on Jiostar’s continued use of these recordings across its digital platforms and satellite channels. Zee Entertainment is seeking damages amounting to approximately ₹28.75 crore for the infringing instances identified before the filing of the suit. The company has indicated that this figure could rise if further infringements are discovered during the court proceedings.

The expected financial implications for Zee Entertainment hinge on the outcome of the lawsuit, as the company anticipates receiving compensation for the unauthorised use of its intellectual property.

Disclaimer: This article is based on a regulatory filing submitted to the National Stock Exchange of India (NSE).

Umar Khalid withdraws bail plea in UAPA case, opts for trial court proceedings

Rai Sinha — Wed, 14 Feb 2024 15:54:00 +0000

Former Jawaharlal Nehru University (JNU) scholar and activist Umar Khalid on Wednesday has chosen to withdraw his bail application from the Supreme Court in a case involving charges under the anti-terror law Unlawful Activities (Prevention) Act (UAPA). The case pertains to Khalid’s alleged role in the conspiracy behind the northeast Delhi riots in February 2020. Khalid’s decision to withdraw the plea came on Wednesday, citing a “change in circumstances,” and signaling his intention to pursue legal arguments challenging UAPA provisions before the trial court.

Khalid’s bail application had been under consideration in the Supreme Court since April 6, 2023. The proceedings had faced 13 adjournments due to various reasons, creating anticipation regarding the outcome of the legal battle. As the matter was taken up on Wednesday, senior advocate Kapil Sibal, representing Khalid, informed the bench of Justices Bela M Trivedi and Pankaj Mithal about the withdrawal, emphasizing the desire to explore legal questions within the trial court setting.

Sibal stated that he wants to discuss the legal aspects of challenging UAPA provisions but prefers to withdraw the bail plea due to unspecified changes in circumstances. The bench accepted this request, allowing the bail application to be withdrawn.

Khalid had previously appealed against the Delhi High Court’s October 18, 2022, order rejecting his bail application. The high court, in its decision, pointed out Khalid’s continuous communication with other co-accused and deemed the allegations against him prima facie true. The court further categorized the actions of the accused as a “terrorist act” under the UAPA.

The case involves Khalid, activist Sharjeel Imam, and several others facing charges under the anti-terror law and various sections of the Indian Penal Code for allegedly being the “masterminds” behind the February 2020 riots. These riots resulted in 53 casualties and over 700 injuries, erupting amid protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).

Khalid, who was arrested by the Delhi Police in September 2020, sought bail on the grounds that he played no criminal role in the violence and had no “conspiratorial connect” with other accused. The Delhi Police countered Khalid’s plea, asserting that his speeches were “very calculated” and touched upon contentious issues such as Babri Masjid, triple talaq, Kashmir, alleged Muslim suppression, the CAA, and NRC.

The withdrawal of the bail plea by Umar Khalid hence sets the stage for a legal battle in the trial court, where the activist aims to challenge the constitutional validity of UAPA provisions, presenting a crucial juncture in a case that has garnered significant attention for its implications on free speech and dissent.

Delhi High Court orders AAP MP Raghav Chadha to not vacate his government bunglow

Uddeshya Thakur — Tue, 17 Oct 2023 14:52:52 +0000

Aam Aadmi Party (AAP)’s Rajya Sabha MP Raghav Chadha got a big relief from the Delhi High Court on Tuesday (October 17). The court said that Raghav Chadha will not have to vacate the existing Type-7 government bungalow. The High Court cancelled the lower court’s decision to lift the interim stay on the proceedings of the Rajya Sabha Secretariat.

Justice Anup J Bhambhani, who is hearing the case, said that the stay order passed by the lower court against the Rajya Sabha Secretariat will remain intact. This stay will remain in force until the trial court decides on his application for interim relief.

What did Raghav Chadha say?

AAP leader Raghav Chadha welcomed the decision of Delhi High Court and said that truth has won. He wrote on social media X, “Not a house or a shop, but this fight is to protect our constitution. In the end, truth and justice have prevailed.”

Ye makan ya dukan ki nahin, Samvidhan ko bachane ki ladhayi hai
In the end, truth and justice have prevailed

My statement on the Hon'ble Delhi High Court's ruling to set aside the unjust order to evict me from my official residence. pic.twitter.com/fA7BJ2zLYm

— Raghav Chadha (@raghav_chadha) October 17, 2023

Raghav Chadha’s lawyer said during the hearing in the High Court that notice has been given to the MP and the process of eviction is going on. The Rajya Sabha Secretariat opposed Chadha’s petition filed against the lower court.

Newsclick founder Prabir Purkayastha’s petition rejected by Delhi HC

Uddeshya Thakur — Fri, 13 Oct 2023 15:56:41 +0000

The Delhi High Court has rejected the petitions of Newsclick founder Prabir Purkayastha and HR head Amit Chakraborty challenging the arrest and remand made by Delhi Police in the UAPA case. A bench of Justice Tushar Rao Gedela, while maintaining the seven-day remand, said the petition has no merit and is dismissed. On October 9, the court had reserved its decision after hearing the arguments of senior advocate Kapil Sibal, appearing for Delhi Police and NewsClick in the case.

Solicitor General made serious allegations

Solicitor General Tushar Mehta, appearing for the Special Cell, told the court that serious matters had come to light in the emails exchanged between the petitioners and the sitting people. The Solicitor General, appearing for the Special Cell, told the court that one of the most serious allegations that has emerged in the email exchange between the petitioners and people sitting in China is that it has presented a map showing Arunachal Pradesh outside the border of India.

Allegations of funding from China

Recently, Delhi Police Special had shared the action and FIR copy against the founder and HR of Newsclick. According to agency ANI, the police had alleged that these people were creating a story at the global and domestic level by calling Kashmir and Arunachal Pradesh as disputed areas.Also they have tried to not show Kashmir and Arunachal Pradesh as parts of India on the map by tampering with India’s northern borders which attacks the unity and territorial integrity of India.

The police have also accused the accused of illegally embezzling funds by NewsClick Editor-in-Chief Prabir Purkayastha and his associates Joseph Raj, Anoop Chakraborty (brother of Amit Chakraborty), Bappaditya Sinha (promoter of Virtunet Systems Private Limited).

It has also been revealed that this money was divided among Teesta Setalvad’s associates Gautam Navlakha, Javed Anand, Tamara, Jibran, Urmilesh, Aratrika Halder, Paranjay Guha Thakurta, Trina Shankar and Abhisar Sharma.

Delhi HC issues notice saying banks can’t use LOC as a measure to recover money

Kashvi Basu — Fri, 08 Sep 2023 18:04:38 +0000

Banks should refrain from using Look Out Circulars as a way to recover their money, the Delhi High Court has said, “Holding LOCs can’t be opened on the mere possibility of a person being made an accused in a criminal case as they take away a person’s right to travel abroad which is a fundamental right under the Constitution.”

A Look Out Circular (LOC), the high court said, is a hard measure to make a person surrender before investigating authorities or a court of law and can only be issued at times when there are sufficient reasons to back it up. The court made the required observations while quashing the LOC issued at the insistence of Bank of Baroda against Nipun Singhal, a former director at Lloyd Electric and Engineering Limited which is facing a CBI probe over certain transactions. The court was informed that about 18 months after the petitioner had left the company, it was declared as a non-performing asset in November 2018, and in January 2022, the petitioner had also received a show cause notice from Bank of Baroda about having been declared a wilful defaulter. Justice Subramanium Prasad noted as per the CBI, the petitioner was not an accused in the matter and most of the transactions had initially taken place after his resignation. The court after hearing the matter said the petitioner sought to be kept as ‘a hostage in the country only for the purpose of recovery of money which is payable by the company’.

The court further commented that the, “Phrases like ‘detriment to the economic interest of India’ cannot be permitted to be used without there being any substantial material before the Look Out Circular is opened.”

Delhi HC dismisses plea challenging Asian Games trials exemption to wrestlers

Dixita Hazarika — Sat, 22 Jul 2023 14:33:01 +0000

On Tuesday, The Indian Olympic Association’s ad-hoc committee granted wrestlers Vinesh Phogat and Bajrang Punia exemption from the Asian Games trial. The top wrestlers of India were granted direct entry to Asian Games.

However, Antim Panghal, Under-20 World Champion and Sujeet Kalkal, Under-23 Asian Champion had filed a petition challenging the decision by the Indian Olympic Association.

On Saturday, the Delhi High Court dismissed the petition and refused to interfere with the exemption granted to top wrestlers Vinesh Phogat and Bajrang Punia from Asian Games trials.

Justice Subramonium Prasad said, “Writ petition is dismissed.”

Phogat (53kg) and Punia (65kg) were given direct entry for the Asian Games by the Indian Olympic Association’s ad-hoc committee on Tuesday, while other wrestlers will have to earn their places in the Indian squad through selection trials on July 22 and 23.

Panghal and Kalkal moved the high court on July 19 challenging the exemption and demanded a fair selection process for the quadrennial showpiece event.

The petition, moved by advocates Hrishikesh Baruah and Akshay Kumar, had demanded that the directive issued by the IOA ad-hoc committee with regard to the two categories (men’s freestyle 65kg and women’s 53kg) be quashed and the exemption granted to Phogat and Punia set aside.

Antim Panghal, on Wednesday, raised questions through a video communication over the exemption given to wrestlers Bajrang Punia and Vinesh Phogat for direct entry into the Asian Games 2023 by the Wrestling Federation of India (WFI) ad-hoc panel.

The 19-year-old Panghal belongs to Hisar, and 21-year-old Sujeet, who is getting training in Sonepat stated that trials should be held in a fair manner, without granting any exemption to any wrestler and the whole process be video-graphed.

The opposition was joined by Wrestler Vishal Kaliraman and he said, “Even I play in the under 65 kg category and for the Asian Games Bajrang Punia has been given direct entry without any trial. They have been staging a protest for a year now, while we have been practising. We appeal for a trial. We don’t want any favour or benefit. At least a trial should be conducted otherwise we are ready to go to court. We will appeal before the court. We’ve been practising for 15 years. If Bajrang Punia denies that he would not play in the Asian Games only then someone else will get a chance.”

Delhi HC observes fraud charges against SpiceJet CMD as ‘serious in nature’

Dixita Hazarika — Wed, 19 Jul 2023 09:24:06 +0000

On 19th July, the Delhi High Court, while hearing a bail plea by Ajay Singh, Chairman and Managing Director of SpiceJet noted that the allegations against him of fraud in a share transfer agreement were serious in nature.

Justice Dinesh Kumar Sharma, who heard the case, urged the parties explore options for a settlement.

It was alleged by a Delhi businessman and his family that they had entered into a share purchase agreement with Singh and paid Rs 10 lakh for 10 lakh shares, but Singh did not give the shares. It was also alleged that he had handed over outdated and invalid DIS.

Sidharth Luthra, who is a senior advocate appearing for Singh, informed the court that he will soon explore more options for settlement with the opposite party and hold discussions with them. Luthra told the court that the allegations were not serious in nature. The court has accordingly adjourned the case to 8th August. The court had on an earlier occasion too asked the parties to settle but they could not reach a deal.

His anticipatory bail application was rejected by the trial court last month, stating that it did not find sufficient grounds to grant relief to him in view of the overall facts and circumstances of the case and the gravity of the offence.

Go First Insolvency Case: Delhi High Court hearing deferred to July 12

Viditha Ganji — Tue, 11 Jul 2023 16:43:06 +0000

A two-judge bench of the Delhi High Court on July 11 deferred to July 12 the hearing of appeals by grounded airline Go First’s resolution professional against the order of a single judge permitting the aircraft lessors to inspect and carry out maintenance work of their 30 aircraft and their parts twice in a month.

During the hearing today, senior advocate Rajiv Nayyar, appearing for one of the lessors, argued that the moratorium would not apply to them as they had terminated their leases prior to Go First being admitted to insolvency. He further argued that Go First cannot use the aircraft as the rules mandate that it cannot be used once the lease is terminated.

The bench at this point questioned the lessor on the applicability of Section 14 of Insolvency Bankruptcy Code, 2016, in this case. Section 14 prohibits the alienation or sale of any assets owned by a company under insolvency. Nayyar argued that the company does not own the asset as they have only been leased to them.

The bench also questioned Director General of Civil Aviation (DGCA) on why aircraft lessors could not undertake its maintenance. DGCA responded by stating that Go First is Continuous Airworthiness Maintenance Organisation (CAMO) compliant, while the lessors are not. According to DGCA, the Civil Aviation Requirements (CAR) do not permit any organisation other than CAMO compliant ones to maintain the aircrafts. DGCA also made it clear that they would not be able to permit Go First to resume operations unless they are certain that a CAMO compliant organisation is maintaining the aircraft.

Appearing for the RP, senior advocate Neeraj Kishan Kaul reiterated that Go First was ready to commence operations as soon as they get the requisite approval from DGCA. He further argued that the lessors had not terminated the leases despite knowing fully well that Go First was defaulting in payments since 2020, however they did so once Go First announced that it was filing for voluntary insolvency.

The court decided to continue the hearing on July 12 due to paucity of time.

The hearing of the Go First insolvency case is expected to be closely watched by other airlines and aircraft lessors in India. The outcome of the case could have implications for the future of the insolvency resolution process in the country.

Go First Aircraft Inspection Dispute: RP raises concerns of potential disruptions, Delhi HC to hear plea

Viditha Ganji — Mon, 10 Jul 2023 17:04:57 +0000

The resolution professional (RP) of Go First, formerly known as GoAir, expressed concerns in the Delhi High Court on Monday over the potential disruptions that may arise from allowing lessors to inspect the airline’s aircraft. The division bench of the Delhi High Court has postponed the hearing on the matter to Tuesday. This comes in the midst of a legal battle over an interim order that permitted lessors to carry out maintenance work and inspections on Go First’s 30 aircraft within the next three days.

In a single-judge bench ruling on July 5, the Delhi High Court had granted permission to the lessors to conduct maintenance tasks on the engines and components of Go First’s aircraft twice a month until the disposal of the writ petitions. The court also prohibited Go First and its agents from removing any components or operational and manual documents from any of the 30 aircraft. However, the RP representing Go First argued that this interim order disregarded a proposed resolution that had received 100% approval from the Committee of Creditors (CoC) and had been submitted to the Directorate General of Civil Aviation (DGCA).

The RP’s counsel contended that the matter was under the jurisdiction of the National Company Law Tribunal (NCLT), raising doubts about the civil court’s authority to rule on the writ petition. The counsel emphasized that the proposed resolution, approved by the CoC, should have been considered as it directly addressed the concerns of all stakeholders involved.

Regarding the aircraft themselves, the court was informed that out of Go First’s fleet of 56 aircraft, 26 had already undergone inspection by the DGCA and were deemed fit to fly. The remaining aircraft are awaiting engine delivery from Pratt and Whitney. It was revealed that emergency arbitration proceedings had been initiated in Singapore against Pratt and Whitney to obtain new engines. The DGCA informed the court that, according to current regulations, only Go First has the authorization to carry out maintenance work, and lessors are not permitted to do so.

On the other hand, lessors, including Pembroke Aircraft Leasing 11, SMBC Aviation Capital, Accipiter Investments Aircraft 2, Eos Aviation 12 (Ireland), DAE SY 13 Ireland, SFV Aircraft Holdings Ire 9 DAC Limited, ACG Aircraft Leasing Ireland Ltd, and GY Aviation Lease 1722 Co. Ltd, approached the high court seeking deregistration of the leased aircraft.

The NCLT’s principal bench in Delhi had previously accepted Go First’s voluntary plea for an insolvency resolution process on May 10. In response, the tribunal appointed an insolvency resolution professional (IRP), suspended the board, and imposed a moratorium on the airline’s financial obligations.

As the legal battle continues, the Delhi High Court is set to further examine the matter and weigh the arguments presented by both parties. The resolution of this dispute will have significant implications for the future operations and financial stability of Go First and its stakeholders.

Delhi High Court dismisses PepsiCo’s appeal against revocation of potato patent

Dixita Hazarika — Sat, 08 Jul 2023 11:25:56 +0000

The Delhi High Court rejected PepsiCo Inc’s appeal against an order that revoked a patent for a potato variety grown exclusively for the New York-based company’s popular Lay’s potato chips.

The Protection of Plant Varieties and Farmers’ Rights (PPVFR) Authority in 2021 revoked intellectual protection granted to PepsiCo’s FC5 potato variety, saying that India’s rules do not allow a patent on seed varieties.

The authority had to remove PepsiCo’s patent cover after Kavitha Kuruganti, a farmers’ rights activist, argued that the company cannot claim a patent over a seed variety.

On 5th July, Navin Chawla, a Delhi High Court judge dismissed PepsiCo’s appeal against the authority’s decision.

PepsiCo, the U.S. snacks and drinks maker, which set up its first potato chip plant in India in 1989, supplies the FC5 seed variety to a group of farmers who in turn sell their produce to the company at a fixed price. PepsiCo has maintained that it exclusively developed the FC5 variety and registered the trait in 2016.

In 2019, PepsiCo sued some Indian farmers for cultivating the FC5 potato variety, accusing them of infringing its patent. The company sought more than 10 million rupees ($121,050) each for alleged patent infringement. But within months, PepsiCo withdrew lawsuits against farmers.

In its order, the Delhi High Court did not uphold accusations of any public interest violation by PepsiCo. As per reports, PepsiCo is the second large U.S. company to face patent infringement issues in India.

Delhi High Court requests CCI to investigate ADIF’s charges against Google by April 26

Sakshi Vats — Mon, 24 Apr 2023 14:13:44 +0000

Against Google’s new in-app billing policy, the Alliance of Digital India Foundation (ADIF), a group that advocates for Indian startups, filed concerns on Monday, and the Delhi High Court on Monday ordered the Competition Commission of India (CCI) to investigate.

By Wednesday (April 26), when Google’s new billing policy is set to go into effect, the court ordered the CCI to take the complaints under consideration.

In a 38-page decision, Justice Tushar Rao Gedela stated that “there is no impediment, legal or otherwise, in directing the CCI to take up the applications under section 42 of the Act as filed by the petitioner for hearing and considering the same in accordance with the law on or before April 26, 2023.”

“It is made clear that observations made herein are only to the extent of deciding the present list before this court and shall not tantamount to any expression on the merits of the case and the same is therefore without prejudice to the rights and contentions of all parties to be taken at the appropriate proceeding,” it further stated.

Last Wednesday, the court reserved its decision after the hearing in the case was completed. Given that the CCI currently has only two members and does not have a quorum, the parties’ main arguments focused on whether it was legal for the CCI to take the complaints up. CCI meetings must have a quorum of three members in order to proceed legally under the Competition Act.

The Competition Commission, represented by additional solicitor general N Venkataraman, asked the high court for advice on the issue during the case’s arguments. The ADIF stated that even though there was no quorum present, the CCI was still considering merger and acquisition cases and used to the concept of necessity because the new Google policy will become effective on April 26.

The court considered several factors before giving its decision, including whether the CCI had been legally established with just two members to continue performing its adjudicative roles, the impact of Section 15 of the Competition Act, and whether the theory of necessity would apply in this particular situation.

No CCI proceeding may be rendered invalid by a vacancy or other change to the commission’s constitution, according to Section 15 of the Act.

“…this court is of the considered opinion that the provisions of Section 15 act as a saving clause in regard to a situation where a vacancy or a defect in constitution of the CCI would arise and any such vacancy or defect in the constitution would not invalidate any proceedings so far as the adjudicatory powers of the CCI is concerned,” the order stated.

For its anti-competitive in the Google Play Store policies, CCI fined Google Rs 936 crore on October 25. Google declared its intention to launch UCB on April 26 of this year after the verdict.

No reason to interfere with Agnipath scheme: Delhi High Court dismisses petition

News Desk — Mon, 27 Feb 2023 06:07:08 +0000

The Delhi High Court has rejected petitions opposing the Agnipath programme for the enlistment of Agniveers. A Division bench headed by Chief Justice Satish Chandra Sharma and including Justice Subramonium Prasad made the choice on February 27.

The panel decided to reserve the judgement after hearing the arguments made on behalf of numerous petitioners and the Central government on December 15, 2022. The court also ordered that the parties submit any written reasons they may have in order to keep the ruling on hold.

The Central Government was represented at the hearing by Aishwarya Bhati, the Assistant Solicitor General (ASG), who informed the judge that more than 10 lakh petitioners had benefited from the age relaxation. The Agnipath strategy marks a substantial paradigm shift in how defence personnel are chosen.

The Central Government informed the Delhi High Court that none of the applicants who participated in the preceding employment procedure were subjected to discrimination.

According to the Central Government, hiring into the armed forces is a crucial sovereign duty that is directly tied to preserving national security and does not have the same standing as holding a position in the government.

The Central Government is therefore legally permitted to alter the policy outlining the mode and methods/service conditions of the personnel who are to be employed in the armed forces in order to effectively and efficiently defend the security and integrity of the nation.

It was further advised that the central government’s decision to conduct recruiting under the new “Agnipath” plan is an example of a policy decision taken for the benefit of national security.

Attorney Prashant Bhushan previously argued that the government’s decision was arbitrary and unreasonable in favour of one of the petitions contesting the plan. There was no apparent rationale for the decision. He further asserted that the people whose names were on the select list had to wait an additional 2.5 years.

Delhi high court grants bail to former NSE CEO Chitra Ramkrishna in money laundering

News Desk — Thu, 09 Feb 2023 06:05:01 +0000

Delhi High Court on Thursday granted bail to former NSE CEO Chitra Ramkrishna in the money laundering case related to alleged illegal phone tapping and snooping on National Stock Exchange employees.”The application is allowed. The applicant is granted bail,” said Justice Jasmeet Singh.
The former NSE managing director, who was earlier arrested by the CBI in the alleged NSE co-location scam, was arrested in the present case by the Enforcement Directorate on July 14 last year.

She was granted bail in the CBI case by the high court in September last year.
The Enforcement Directorate (ED) had opposed her bail plea in the present case on grounds that she was the “mastermind” behind the conspiracy.
The phone tapping case, according to the ED, pertains to a period from 2009 to 2017 when former NSE CEO Ravi Narain, Ramkrishna, Executive Vice-President Ravi Varanasi, and Head (Premises) Mahesh Haldipur and others conspired to cheat NSE and its employees and for the purpose, engaged iSEC Services Pvt Ltd for illegal interception of phone calls of employees of the NSE in the guise of doing periodic study of cyber vulnerabilities of the NSE.

Seeking bail, Ramkrishna had argued that no scheduled offence was made out against her and the allegations also did not fall within the rigours of the Prevention of Money Laundering Act.
Ramkrishna was appointed as Joint MD NSE in 2009 and remained in the position till March 31, 2013. She got elevated as MD and CEO on April 1, 2013. Her tenure at NSE ended in December 2016.

Delhi HC approves the use of service charges in eateries till next hearing

Yakita Somani — Thu, 18 Aug 2022 13:20:59 +0000

The Delhi High Court ruled on Thursday that restaurants across the country can continue to impose a service charge for the time being. The court also stated that while restaurants are required by law to pay their employees, the expense cannot be passed on to customers.

The remarks were made when the court was hearing an appeal against a single judge’s judgement that had placed on hold guidelines issued by the CCPA, or Central Consumer Protection Authority, that prohibited restaurants from automatically adding service charges to food bills.

The Delhi High Court bench, comprised of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, also granted CCPA 10 days to file their response to the restaurant’s petition as it remanded the case to the single judge for reconsideration. The CCPA’s appeal was dismissed by the court.

Despite stating that the interim orders will be maintained, the bench scheduled the case for a hearing on August 31.

The long-running conflict over the CCPA guidelines, which forbade eateries from automatically adding service charges to food bills, was suspended on July 20 by justice Yashwant Varma.

All restaurants are required to prominently publish a service charge levy on menus and other places, according to Justice Varma. The National Restaurant Association of India and the Federation of Hotel & Restaurant Associations of India submitted to the court that they would not impose this fee on takeout.

The CCPA had filed an appeal in opposition to the ruling, arguing that a customer shouldn’t be compelled to pay the service fee.

NSE phone tapping case: Notice to ED and CBI regarding ex-Mumbai CP

Yakita Somani — Tue, 16 Aug 2022 11:07:44 +0000

The Delhi High Court issued a notice to the Enforcement Directorate (ED) on Tuesday in response to Former Mumbai Police Commissioner Sanjay Pandey’s bail application in the National Stock Exchange (NSE) phone tapping and snooping case. The Enforcement Directorate (ED) arrested him on money laundering charges in the case, and he is currently in judicial custody.

On Tuesday, the Court also served notice to the Central Bureau of Investigation (CBI) on other petitions filed by Sanjay Pandey seeking the quashing of FIRs registered against him under various sections of the IPC, the IT Act, and the Telegraph Act, among other things.

After hearing the submission made by Senior Advocate Mukul Rohatgi, who appeared for petitioner Sanjay Pandey, the Bench of Justice Jasmeet Singh set the matter for September 16, 2022.

In the ED case, the trial court recently denied him bail, stating that given the broad probability based on the evidence presented, the accused’s involvement in the offence of money laundering as defined by the Apex Court cannot be ruled out.

Furthermore, the applicant, Sanjay Pandey was the top cop of Mumbai police until June 30, 2022, so the Investigating Agency’s concern prosecution that the applicant may influence witnesses or tamper with evidence is not unfounded, according to the trial court in denying him bail.

Sanjay Pandey claimed in his bail request before the trial court that “the current proceedings are a political fallout of his honest and sincere discharge of his duty as a senior police officer” and that “he has investigated and prosecuted several high-profile and politically sensitive cases.”

SC asks Surjewala to move to Delhi HC with Election Law Amendment Act challenging plea

Yakita Somani — Mon, 25 Jul 2022 09:51:07 +0000

Justices DY Chandrachud and AS Bopanna’s panel did not take up Randeep Singh Surjewala ‘s public interest litigation (PIL), challenging the Election Law Amendment Act. Supreme Court did permit him to pull out his argument and file a high court application if required.

The Congress leader raised a petition and said linking of the cards “infringes upon the fundamental right of privacy of citizens and is unconstitutional and ultra vires the Constitution”.

SC denies Surjewala

“Linking of Aadhaar data with Electronic Electoral Photo Identity Card data will allow the personal and private data of voters to be available to statutory authority. And shall impose a limitation on the voters, i.e., the voters will now have to establish their identity. Before the Electoral Registration Officer by furnishing their respective Aadhaar details.

The plea further added that “the situation will further be aggravated by the fact that at present there are no laws for protecting the data of citizens.”

On Monday, the Supreme Court instructed Congressman Randeep Singh Surjewala to transfer his appeal against the Election Law Amendment Act. Which permits tying electoral roll data to the Aadhaar ecosystem, to the Delhi High Court.

Election Law Amendment Act

It permits electoral registration officers to inquire applicants for Aadhaar numbers. “For the purpose of establishing identity” before registering them as voters.

After the Supreme Court noted that “the Aadhaar card system was wholly voluntary”. And was only intended to be used as proof of residence and not citizenship. Moreover, a similar attempt to link Aadhaar to Voter ID cards was shelved in 2015.

The Centre has also argued that linking Aadhaar to Voter IDs was crucial in eliminating bogus and unnecessary voter cards. Hence making elections more fair and transparent, refuting the Opposition’s contention that the bill infringes citizens’ Right to Privacy.

Delhi High Court refuses abortion: “We will not permit you to kill that child”

United News of India (UNI) — Fri, 15 Jul 2022 11:42:11 +0000

New Delhi, July 15: Delhi High Court after hearing a petition Friday did not permit an unmarried woman to undergo medical termination of pregnancy at 23 weeks by saying that it virtually amounts to killing the fetus.

Counsel for woman petitioner submitted before the court that. As the woman is unmarried and in a great mental agony so is not in a position to raise the child. He submitted that law on medical termination of pregnancy in relation to unmarried women is discriminatory.

Delhi High Court Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad. After hearing said ,“We will not permit you to kill that child. We are very sorry. This virtually amounts to killing (the fetus)”.

The court said. ” We will ensure that the girl is kept somewhere safe. And she can deliver and go. There is a big queue for adoption”.

The Court said that the petitioner be kept somewhere safe. Until she delivers, the child can subsequently be given up for adoption.

(Except for the headline. This story has not been edited by Business Upturn staff and is published from a syndicated feed.)

Ask Delhi government to restore providing sanitary napkins in school: Plea in Delhi HC

News Desk — Sat, 21 May 2022 10:41:52 +0000

A petition has been filed in the Delhi High Court, asking the court to order the city government to return sanitary napkins to all government schools in the national capital immediately. Also, the PIL is expected to be heard on Monday.

According to the appeal, the Directorate of Education (DoE) has been failing to provide sanitary napkins to girls in Delhi government schools under the Kishori Yojana since January 2021, causing them hardships.

Kishori Yojna

The petition, filed by lawyers Ashok Agarwal and Kumar Utkarsh, claimed that the Department of Education had adopted the Kishori Yojana, under which girl students in Delhi government schools were to be given sanitary napkins to maintain their personal hygiene and general health, as well as to remove obstacles in their studies.

“DoE vide circulars…directed heads of government and government-aided schools to distribute sanitary napkins to girl students,” it said.

The petition stated that restoring the sanitary napkins facility for female students is critical for their personal hygiene. And general health, as it has a negative impact on their education and attendance.

It argued that the Department of Education’s refusal to provide sanitary napkins is irrational, unreasonable, and arbitrary. And that it violates girl students’ fundamental right to education as guaranteed by the Constitution. As well as the provisions of the Right of Children to Free and Compulsory Education Act. And the Delhi School Education Act.

Delhi High Court PIL challenges Waqf act 1995

News Desk — Thu, 12 May 2022 17:48:48 +0000

Delhi High Court on Thursday asked the the Central Waqf Council and central government to respond to a petition filed in Delhi high court to declare that the Waqf Act is in violation of the constitutional validity and that private properties of citizens can only be governed by a uniform civil code.

A Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla gave the direction on the petition. Lest, it was filed by Devendra Nath Tripathi. Who argues that the management of Waqf properties is essentially done on religious lines.

Mr. Tripathi said in his petition. The Centre has no legislative competence to make laws such as the Waqf Act. “The Waqf Act, 1995 is arbitrary as the legislature doesn’t have the required competence to make such laws. Under entry 10 or 28 of the concurrent list of 7th Schedule. And therefore, the same must be struck down by this Court”. His plea said.

Delhi High Court PIL challenges the Waqf act of 1995

The petitioner sees Waqf law as against the secular fabric of this nation. The Waqf Act has granted uncontrolled powers to Waqf Boards. And Waqf properties have been placed over and above other charitable religious institutions. Which are against secularism. This gave conclusive remarks as such provisions are not given to other religions.

Mr. Upadhyay said. Moreover, around 6.6 lakh registered Waqf properties account for around eight lakh acres of land throughout the country. Adding that this is making Waqfs the third largest landholder. Hence, it would be after the Railways and Ministry of Defence.

Delhi High Court dismisses PIL against full physical reopening of schools

United News of India (UNI) — Tue, 29 Mar 2022 13:40:34 +0000

New Delhi, March 29: The Delhi High Court on Tuesday dismissed a Public Interest Litigation (PIL), challenging the full physical re-opening of schools, amid the spread of Covid-19. The PIL contended that permitting physical classes for school-going children without any preparation and vaccination would lead to spread of Novel Coronavirus among the children and adults as well.

The Counsel for the petitioner submitted that children aged less than 14 years cannot be compelled to attend school physically, when they have not been vaccinated against the Covid-19 virus. It further submitted that Right to Life was very important and the consent of parents should be made mandatory for restarting the physical classes. The plea sought direction to the Delhi government to recall the decision on 100 per cent physical re-opening of schools with effect from April 1, until the school-going children were completely vaccinated.

Delhi High Court Acting Chief Justice Vipin Sanghi and Justice Navin Chawla dismissed the petition, stating that the plea cannot be entertained without any expert opinion, only on the basis of apprehension of the petitioner. The Court said that a balance has to be struck and the children were losing more by not attending school and there was nothing to show that the Right to Life of children would be endangered, as there was no data to show that children were at a high risk. The Bench further said that there were studies to show the psychological impact of absence from school on children as they have not been able to develop their social, behavioral and interpersonal skills and there was no data to say that the children were at a high risk of either contracting Covid-19, or endangering their Right to Life.

(Except for the headline, this story has not been edited by Business Upturn staff and is published from a syndicated feed.)

Delhi HC barred Zostel’s plea to take up 7% in Oyo

Mymun Malik — Mon, 14 Feb 2022 06:44:53 +0000

The Delhi High Court has refused Zostel’s plea in declaring 7 % ownership in Oyo much ahead of Oyo’s IPO which has given absolute relief to the SoftBank supporting economical hotel chain.

Justice C. Hari Shankar passed the resolution today and he represented the single-judge bench of the Delhi High Court.

For a year now Zo Rooms has been involved in a legal battle with Oyo, it had filed an appeal in the HC looking to protect its rights against Oyo.

The clashes between these 2 companies started way back to 2015 when Zo Rooms, the pocket-friendly hotel chain owned by Zostel Hospitality shut down due to failed agreement between the 2 companies.

Oyo and Zo Rooms have begun talks for a takeover by Oyo in 2015 preparing an agreement on November 26th. Zo Rooms says it completed its responsibility under the agreement and shifted the business; However, Oyo failed to transfer seven percent to its shareholders which led to the adjudication.

In March 2021, the deal had reached a dead end after 3 years, a Supreme Court arbitrator finally said that Oyo had trespassed its agreement for the merger of Zo Rooms signaling Zo Rooms to proceed to carry out the definitive agreement.

At this point, Zo Rooms claims that it holds the right to own 7 % stakes in Oyo, to which Oyo denied that the tribunal had given no specific relief to Zostel Hospitality to own any percentage in Oyo.

Apparently, the deal between the 2 companies was to be a lucrative asset sale with Zo Rooms founders and prime investor Tiger Global amounting to a 7 % stake in Oyo. As the agreement never met its end sparking a war between Zo Rooms and Oyo.

Oyo left the merger talks midway when it found out Zo Rooms liabilities. Oyo claims it has unearthed several issues in the scrutinization process, where outstanding liabilities, debts and confidential contingent liabilities resurfaced.

Oyo is waiting for SEBIs green signal to march ahead with its proposed $ 1.2 billion IPO. Sources suggest that the company may re-evaluate its $9 valuation looking at the volatile market at the moment.

Twitter appoints officers abiding by the new IT rules, Shahin Komath appointed as NCO: Centre to Delhi High Court

Cheryll Jain — Fri, 24 Sep 2021 11:28:43 +0000

The Centre has notified the Delhi court that Twitter has appointed personnel in compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, which were introduced in February 2021.

“Twitter has provided the names of the said appointed personnel and their respective positions also. The said affidavit (of Twitter) mentions their employment start date as August 4, 2021. Twitter has further enclosed their employment contracts along with the said affidavit as proof of such appointments” the Ministry of Electronics and Information Technology (MEITY) stated in an affidavit submitted to Delhi High Court in response to Twitter’s affidavit.

The Centre’s affidavit further asserted that the IT Rules, 2021 is “a law of the land” and reiterated that Twitter must comply with the rules “in its entirety” and failing to do so would make the social media platform liable to prosecution in case content of unlawful nature is posted by its users.

The microblogging platform had stated in an affidavit submitted before the Delhi High Court on September 22 that it has appointed three-tier grievance redressal officers in accordance with the IT Rules issued by the Ministry of Electronics and Information Technology, mentioning that it had appointed Vinay Prakash, an Indian resident, as the RGO and CCO on August 4. It further added that Shahin Komath had been employed as the NCO.

Justice Rekha Palli, who was in charge of hearing the petition filed by lawyer Amit Acharya claiming non-compliance of IT rules by Twitter earlier this year, is set to further hear the matter on October 5.

PM CARES Fund is a “Trust” that is audited by a Chartered Accountant: PMO to Delhi High Court

News Desk — Thu, 23 Sep 2021 12:09:06 +0000

Delhi High Court has been informed by PMO in the response to a petition seeking that PM -Cares fund declared as ‘Trust’ under Article 12 of the Constitution, that PM Cares fund is not a Government of India fund and it’s not a consolidated fund of India.

Under Secretary filed an affidavit at the Prime Minister’s Office (PMO) stating that the trust functions with transparency and its funds are audited by an auditor/chartered accountant drawn from the panel prepared by the Comptroller Auditor General of India.

According to the petition the PM Care find, because of its high government functionaries represented that the fund was set up and operated by the government of India whose Trustees are Prime Minister, Defence Minister, Home Minister and the Finance Minister.

Apart from that whether the trust is State or other authority within the meaning of Article 12 of the Constitution or whether it is the public authority within the meaning of provisions of The Right to Information Act (RTI), It is not permissible to disclose third party information and the expenditure of the trust fund displayed on the website which includes all the donation received by the trust that is received via online payment cheque and demand draught and the amount received which is audited with the audited report.

There is no point for any objection in uploading all its resolutions on its website to ensure transparency because the trust function on the principle of transparency and public good in larger Public Interest like any other Charitable Trust. On 27 September, Chief justice DN Patel and Justice Amit Bansal have fixed the matter for further hearing.

Supreme Court puts a stay order on FRL’S Rs 24,731 crore merger deal with Reliance Retail

Sneha Sengupta — Thu, 09 Sep 2021 10:30:56 +0000

The Supreme Court of India, on Thursday, initiated a hold on all the legal proceedings before the Delhi High Court for the next four weeks in order to execute an award by Singapore’s Emergency Arbitrator (EA) debarring Future Retail Ltd (FRL) to proceed with its Rs 24,731 crore merger deal in partnership with the Reliance Retail.

A legal bench chaired by Chief Justice N V Ramana, ordered the statutory authorities, such as the National Company Law Tribunal (NCLT), Competition Commission of India (CCI) and capital market regulator Sebi in a consent order. This was done in order to endorse the stay order on the final dispatch related to the merger deal for the upcoming four weeks.

The top court gave due consideration to the statements of Harish Salve and Mukul Rohatgi, who appeared in the court for FRL and Future Coupons Private Ltd (FCPL), after which the final verdict came in after hearing to both sides.

Senior advocate Gopal Subramanium, defending the e-commerce company Amazon who condemned the merger, said that it was not interested in any punitive action against FRL, FCPL and their Directors and consented to pass of the order staying the proceedings before the Delhi High Court.

On August 17, The FRL and FCPL which have arrived at the top court against the decision of the panel of the Delhi Court order averred that it would implement the earlier order by its single-judge restraining FRL from going ahead with the deal in pursuance of the EA’s award.

Earlier on August 6, the Top Court gave the final verdict in the favour of Amazon and stated that the Singapore EA’s award is absolutely logical and juridical under the Indian arbitration laws. The bench denied passing Rs 24,731 crore FRL-Reliance Retail merger deal.

DMRC to pay interest of Rs 2,800 crore plus to the Reliance Infrastructure

News Desk — Thu, 09 Sep 2021 06:32:10 +0000

On September 9, The Supreme Court of India supported Reliance Infrastructure’s Rs 2800 crore arbitral award, leading DMRC to pay damages of Rs 2800 crore plus interest to Reliance Infrastructure arm, said CNBC-tv18 reports. The total amount of damages including the interest stood at Rs 4,500 in January 2019.

An agreement between Reliance Infrastructure and DMRC for Delhi Airport Express on a Build–operate–transfer (BOT) basis obtain a case in 2008. However, the agreement was terminated by Reliance Infrastructure in 2012. Delhi Metro Rail Corporation Limited (DMRC) call on an arbitration clause looking to initiate arbitration. In 2017, DMRC was directed to pay Rs 2800 crore plus interest as Arbitral Tribunal awarded damages to the Reliance Infrastructure arm.

DMRC was directed to pay damages in 2018, by a Single Judge Bench of Delhi High Court. However, the arbitral award in 2019 was put away by the Division Bench of Delhi High Court, which gave relief to DMRC.

After that, the Reliance Infra proceed to Supreme Court to challenge the Delhi High Court decision to set aside the arbitral award. As per the report which resulted in the shares of Reliance Infra hit 5 percent upper circuit. The stock was trading at Rs 74.15, up to Rs 3.50, or 4.95 percent. It has affected an intraday rise of Rs 74.15 and an intraday low of Rs 71.30. There were pending buy orders of 938,284 shares, with no sellers available.

Delhi High Court to hear plea against Ramdev’s statement on allopathy

Bhaswati Sengupta — Fri, 30 Jul 2021 05:41:51 +0000

According to ‘ANI’ report, the Delhi High Court is scheduled to hear a plea by seven doctors associations against Yoga Guru Ramdev on Friday.

Guru Ramdev have allegedly spread misinformation through his statement against allopathy. Earlier, on Monday the high court adjourned the hearing on a petition filed by the Resident Doctors Association of All India Institute of Medical Sciences (AIIMS) against the Yoga Guru. The hearing was adjourned as the single – judge bench of Justice C Harishankar, did not sit.

The association claimed that Ramdev had mislead and misrepresented allopathy stating that it was responsible for the deaths of multiple people who suffered from COVID 19. Furthermore, the association stated that the Yoga Guru implied that the allopathic doctors were causing deaths of the patient. It further put forward that Ramdev was sowing doubts in the people’s mind with respect to the safety and efficacy of not only allopathic treatment but also COVID 19 vaccines.

The plea noted that it is apprehended that Ramdev’s statements can influence the masses and thereby divert them from allopathic treatment which is considered as the standard form of care even by the government.

The association further asserted that this campaign was a mere advertisement and marketing strategy aiming for the sales of product sold by the Yoga Guru including Coronil that claims to be an alternative treatment for COVID 19.

The association warned the the third wave of the pandemic is expected to hit the country by the month of August and it is imperative that Ramdev’s sustained misinformation campaign be brought to a halt.

On June 3, the high court issued summons to Ramdev on a plea filed by the Delhi Medical Association (DMA) linked to his alleged statement against allopathic medicines and claims regarding Patanjali’s Coronil Kit. It directed Ramdev’s counsel orally to inform him not to make any provocative statement till the next date of hearing on July 13. It further asked him to respond to the suit.

States/UTs to ensure strict compliance with the national directives for COVID-19 management : Center to Delhi HC

Bhaswati Sengupta — Sat, 10 Jul 2021 15:07:55 +0000

As per reports, the Central government has informed the Delhi High Court that it has directed all the states and union territories to make sure strict compliance with the national directives for COVID 19 management. It further asked to take necessary measures under the Disaster Management Act.

The center affirmed that the order was issued to them to consider the implementation of targeted and prompt actions for COVID 19 management till July 31.

Furthermore, the center notified that as the reopening of activities were essential following a decrease in COVID 19 cases, the states and union territories should ensure that ‘whole process is carefully calibrated.’

The statement was made in regard to a status record filed by the center through its standing counsel Anil Soni in the high court’s Suo moto proceedings on the grounds of violation of COVID 19 protocols in several markets in Delhi.

The Center have handed in the national directives for COVID 19 management that requires face coverings, social distancing, not spitting in Public, staggering of work/business, work from home, frequent sanitization along with screening and hygiene.

The report states, “MHA also directed state/union territories that National Directives for COVID 19 Management shall continue to be strictly followed throughout the country.”

The center clarified that the decision to impose or ease restrictions has to be considered through assessment of the ground situation. Moreover, it emphasized that the states and the union territories must continuously check that their is ‘continuous focus on containment efforts’ and ‘uniformity in implementing graded restriction or relaxations.’

A framework laid down by the center as informed by the High Court, highlights ‘five fold strategy for effective management of COVID 19’. This appropriate management involves test, track, treat, vaccinate and adherence to COVID appropriate behavior.

In addition, the framework suggests, ‘COVID 19 management can succeed only through a whole of government and whole of society approach.’

The center pointed out that a letter was addressed to the chief secretaries of every states along with administrators of the Union Territories. The letter underlined effective management of COVID 19 by maintaining advisories issued by the home and health ministries.

In the last month, a vaccination bench of high court had introduced a PIL, concerning certain photographs sent to a high court judge on WhatsApp by an AIIMS doctor portraying scant regard for COVID 19 protocols by street vendors in the markets.

The Court underscored that these breaches would only hasten the assumed third wave of COVID 19 which cannot be allowed at all.

The high court warned that if flouting of COVID 19 norms continues, ‘we will be in great trouble’. Further, it expressed that the memory of the second wave of COVID 19 is yet fresh.

SC dismisses Delhi governments plea to shut 10 power plants stating they cause pollution in city

Govindraj Muttepawar — Fri, 09 Jul 2021 12:09:51 +0000

On Friday the Supreme Court rejected a petition filed by the Government of Delhi against the center, seeking directions for closing almost 10 thermal power plants in Haryana, Uttar Pradesh, and Punjab, alleging them as causing air pollution in the National Capital of India.

This Delhi government PIL sought to subdue an order passed by the Central Pollution Control Board (CPCB) to all these thermal power plants extending their deadline to install the flue gas desulphurization. It also stated a direction towards the center to install FTD devices in power plants in Haryana, Uttar Pradesh, and Punjab which contribute majorly to air pollution in the national capital of the country.

The bench consisting of justices R S Reddy and Navin Sinha said that they have many questions to ask the Government of Delhi and that if they are able to ask all the questions, they do not know which way the case might move. They further urged the Government of Delhi to intervene in the already pending matters.

Appearing from the Delhi government, senior advocate Collin Gonsalves said that MoEFCC has laid out the new standards for controlling air pollution which was to be done by the end of 2017. A report from IIT Kanpur shows that the air pollution in Delhi is increasing due to these power plants from all the sides.

In a radius of approximately 300 km, there are 30 power plants that bring particulate matter which are major contributors to SO2 and other deadlier matters. Adding to this he said that these plants should be closed until they install the FGD (Fuel Gas Desulphurisation) device.

After the Delhi Government Advocate Colin Gonsalves had pressed to issue a notice, the Supreme Court bench replied by saying that they are not doing that one and will be drawing this and also mentioned that they are doing this as a part of a pending matter.

Lastly, Sinha from the Supreme Court bench added that seeking for a writ of Mandamus for closing down all 10 power plants the Delhi advocates feelings were completely missing out on the aspect that for closure of all the 10 power plants using a writ of mandamus without mentioning is a contrary rule for issuing a writ. In conclusion, the petition was dismissed on the bench.

Delhi HC to not give protection to Twitter from the consequences of non-compliance with the new IT rules

Diya S. — Tue, 06 Jul 2021 09:27:06 +0000

On July 6, US-based microblogging site Twitter Inc. said to the Delhi High Court that it had not complied with the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 yet. Nevertheless, it informed that it was in the process of doing so.

The Delhi High Court had heard a Public Interest Litigation (PIL) filed by Amit Acharya on Tuesday demanding action against the social media giant for its non-complaince.

The HC asked Twitter if it was in “defiance” of the new rules to which the Centre responded in the affirmative, “The intermediaries were given three months to comply with the rules from February 26 onwards. It has been 41 days of non-compliance by Twitter.”

Moreover, the HC has blamed Twitter for misleading the court by not clarifying that the appointment of grievance officer was “merely interim” in nature. The social media service accepted of not complying with the new IT rules by failing to designate a grievance officer, compliance officer and nodal officer.

According to LiveLaw.in, a single judge bench led by Justice Rekha Palli of the Delhi High Court stated it was not going to provide any protection to Twitter Inc. from the consequences of non-compliance with the new rules while granting it the time as sought for, to get back on the issue.

The bench has listed the matter for 8th July. It added that as per Centre, the social networking service is in “clear violation” of IT Rules, 2021. “It is expected that counsel for Twitter will be ready with information on compliance with the next date”, the bench continued.

Justice Palli alerted Twitter by saying that no permission would be granted to the company if it thinks it can take “as much time as it wants in our country.”

Senior Advocate Sajan Poovayya appeared for Twitter and informed that it might need two weeks time for the appointment for a grievance officer.

Delhi HC to hear petitions for legal recognition of same-sex couples

Aayushi Singh — Tue, 06 Jul 2021 05:15:00 +0000

On Tuesday, the Delhi High Court has scheduled to hear a batch of petitions which sought legal recognition of same-sex couples.

The matter was last heard on May 24 by the court when Tushar Mehta, Solicitor General, sought an adjournment date because of the rise in the COVID-19 situation during that time.

The matter was adjourned for July 6 by a division bench of Justice Rajiv Sahai Endlaw and Justice C Hari Shankar. The petitioners had said that the LGBT community members were forced to suppress their feelings for getting married to a person of their own choice or of similar gender, the petitioners also mentioned that denying the LGBT community from marriage was discriminatory and created them as a second class of citizens.

However, the Centre had opposed the matter and said that the petitions were unsustainable, untenable, and misplaced, while it sought their dismissal, and argued that the marriage was essentially a socially recognized union of the two individuals which was governed by uncodified personal laws or the codified statutory laws.

In response to the petitions, it mentioned to the Delhi High Court that the acceptance of the institution of marriage between the individuals of same-gender was neither recognised nor accepted in any uncodified personal laws or any codified statutory laws.

The petitioners have sought recognition under the Hindu Marriage Act, The Specials Marriage Act, and the Foreign Marriage Act.

Delhi High Court refuses to interfere with Delhi University’s intermediate law SEM

Nishita Sharma — Mon, 05 Jul 2021 11:07:39 +0000

On Monday the Delhi High Court refused to interfere with Delhi University’s decision on conducting an online open-book exam for intermediate semesters of its law course which could not be conducted last year due to COVID-19.

Delhi University’s Prateek Jalan while hearing of four petitions said that, “I am not going to allow students to dictate the terms of exams of a professional course.”

The court also said that it has refused to pass a direction to the university for conducting an assignment-based examination. It instead clarified that it would not substitute the stand taken by the university.

The order also said that “Court can’t give mandatory direction to the university to conduct assignment based examination. The matter is one which university is authorized to consider. University’s policy decision can’t be interfered with by court.”

The court has also asked the university to declare the results of the examinations as quickly as possible.

With regards to this the court has also taken record of Prof Vandana’s assurance that as far as possible, the date sheet would be decided keeping in mind the dates of entrance examinations.

The court also added that in any event, those who cannot take the examination in July can take it in September. All four petitions are disposed of by the court.

SC refuses stay Delhi HC order to allow Central Vista project

Aayushi Singh — Tue, 29 Jun 2021 10:16:43 +0000

On Tuesday, the Supreme Court refused to stay the Delhi High Court decision of May 31 which allowed the Central Vista project to work in the national capital to go on. The HC had dismissed a Public Interest Litigation (PIL) that sought stoppage of the construction activity and terming it motivated.

The Delhi HC imposed Rs 1 lakh cost on the petitioners, Anya Malhotra and historian Sohail Hashmi. It had mentioned that the project was if a national importance.

The Supreme court mentioned that the HC was right in concluding that the petitioners were selective in choosing the Central Vista project alone and did not research about similar public projects where the construction was in process.

The three-judge bench of the Supreme Court led by Justice AM Khanwilkar further stated that the petitioner should not have pursued the PIL before the high court further.

The Supreme Court said that the genuine PIL’s had caused problems and that the PIL’s had their own sanctity.

The Delhi high court had been told by the Centre that the workers staying at the site of the construction had been given all the facilities and COVID-19 protocols were being followed. The Central Visa project plans on constructing a new triangular Parliament House, a new residential complex that would house the Prime Minister and the Vice President, along with several new office buildings and a central secretariat to accommodate ministry offices.

According to the architectural consultant for the project, it had been conceptualised, looking at the traffic increase in the area in the upcoming years, by putting in enough mitigation efforts to ensure there was no congestion or impact on traffic movement.

As a part of the Central Vista Project, the 3 km long Rajpath from Rashtrapati Bhavan to India Gate would also be revamped.

Baba Ramdev summoned by Delhi High Court over Patanjali’s Coronil

Aryan Jakhar — Thu, 03 Jun 2021 09:27:22 +0000

The Delhi high court on Thursday issued summons to yoga guru Ramdev on a suit by Delhi Medical Association (DMA). The DMA said in its petition that Ramdev’s company Patanjali is propagating false information about its Coronil kit that it is a cure for the coronavirus disease (Covid-19).

The DMA, on behalf of its doctor members, said Ramdev’s statement in public is damaging the reputations of scientists and doctors. “This is a suit for civil rights of doctors,” said advocate Rajiv Dutta, who represented the DMA.

The high court also asked Ramdev’s counsel orally to tell him not to make any provocative statement till the next date of hearing on July 13 and respond to the suit. Ramdev, the founder of Patanjali Group, is in the eye of the storm over comments against the allopathic system of medicine, including coronavirus vaccines.

The Indian Medical Association (IMA) took strong objection to the comments made by Ramdev last month. Citing a video circulating on social media, the IMA said Ramdev claimed that allopathy is a “stupid science”.

The medical body shot off a letter to the Centre, asking strong action should be taken against the yoga guru for denigrating the tireless services rendered by doctors during the Covid-19 pandemic in which many medical practitioners have also succumbed.

Union health minister Harsh Vardhan wrote a letter to Ramdev in which he called the comments “unfortunate”. Though Ramdev withdrew his comments and in reply to Vardhan said he wants to put the matter to rest, the IMA has been putting pressure on the government to take action against him.

Delhi HC dismisses plea to halt Central Vista amid COVID pandemic

Govindraj Muttepawar — Mon, 31 May 2021 12:40:14 +0000

The Delhi High Court on Monday allowed the construction work of the Central Vista project to continue, saying it was a “vital and essential” national project.

A bench of Chief Justice D N Patel and Justice Jyoti Singh dismissed a plea seeking to halt the project during the coronavirus pandemic, saying the petition was “motivated” and “not a genuine PIL”. It imposed a cost of Rs 1 lakh on the petitioners.

The court said under the contract awarded to the Shapoorji Pallonji Group, work had to be completed by November 2021 and, therefore, it should to be allowed to continue. It said the legality of the project was already upheld by the Supreme Court.

The plea for halting the work was moved by Anya Malhotra, a translator, and Sohail Hashmi, a historian and documentary filmmaker. The two had contended in their PIL that the project was not an essential activity and can be put on hold for time being.

The project entails construction activities on Rajpath and the surrounding lawns from the India Gate to the Rashtrapati Bhawan, according to the petition, filed through advocates Gautam Khazanchi and Pradyuman Kaistha.

The project envisages building a new Parliament House, a new residential complex to house offices and the prime minister and the vice president. It will also have new office buildings and a Central Secretariat to accommodate various ministries ‘offices.

We’re asking them to agree to our privacy policy, if they don’t, we’ll delete the accounts, says Whatsapp to Delhi HC

Meemansa Shekhawat — Mon, 17 May 2021 11:44:17 +0000

Mobile messaging service Whatsapp, on Monday, specified to the Delhi High Court that it is not going to alter the deadline within which users have to accept the privacy policy, May 15.

The social media intermediary Whatsapp, via its lawyer Kapil Sibal, told the Delhi HC that if users do not accept its new privacy policy, their accounts will be deleted.

“We’ve asked users to agree to the policy. If they don’t agree, we will delete them. There’s no deferment of the policy, says Sibal to the court.

Well, Whatsapp’s new privacy policy was introduced in January 2021 and since then, it has been into controversies because of the fact that the updated policy will allow Whatsapp to share some data about user’s conversations with business accounts with the parent company, Facebook.

A petition was filed by Seema Singh, through her advocate Meghan, and law student Chaitanya Rohilla asking Whatsapp to roll back their updated policy.

They even asked Whatsapp to either roll back their policy or provide an alternative to opt-out of their platform.

Although Whatsapp has pushed back the roll-out of the privacy policy but again in February, it came up with the decision that the updated policy will not cease to exist.

Though the center, in its affidavit, told the court that Whatsapp’s new privacy policy does not provide its users with the opportunity to alter the information submitted by them. But users are only allowed to amend/review their names, picture, and ‘about’ information.

Further, the center cited the 2011 IT Act rules specifying that Whatsapp doesn’t adhere to it plus it fails to recognize the categories of sensitive personal data.

Arvind Kejriwal expresses “Regret” over Televised conversation with PM Modi

Shreejit Shelar — Fri, 23 Apr 2021 17:09:45 +0000

Prime Minister Narendra Modi on Friday, chaired a high-level meeting on the Covid-19 situation with chief ministers of 11 states and union territories which have reported the maximum number of cases recently.

The recent development comes after several states in India have flagged concerns over the unprecedented spike in the novel coronavirus cases. Today, India touched a new record of 3.32 lakh cases and 2,263 deaths in 24 hours.

PM Modi’s discussion with Arvind Kejriwal – which went live on TV for some time – stirred controversy as the Delhi CM reflected on the national capital’s crippling oxygen crisis. In a rather shocking turn of events, the central government later accused him of using the platform to ‘play politics’ and ‘spread lies’.

Delhi has witnessed an unprecedented spike in the Covid-19 cases which has ultimately resulted in an increased demand for oxygen and other medical supplies in the city. The union territory’s situation has been concerning and the Delhi government has been trying its best to curb the spread of Covid-19 in the national capital.

Delhi CM Arvind Kejriwal – through his Twitter handle – repeatedly highlighted the national capital’s condition in regards to the current Covid-19 situation and had appealed to the centre to provide more medical supplies for the state.

As PM Modi objected to an ‘in-house meeting’ being telecast live, Mr Kejriwal expressed ‘regret’.

Arvind Kejriwal said a ‘big tragedy’ could happen because of the oxygen shortage in Delhi hospitals and told the Prime Minister: “Please sir, we need your guidance.”

He also highlighted that the oxygen tankers were being stopped from entering the city.

“People in major pain due to oxygen shortage. We fear a big tragedy may happen due to oxygen shortage and we will never be able to forgive ourselves. I request you with folded hands to direct all Chief Ministers to ensure smooth movement of oxygen tankers coming to Delhi,” Mr Kejriwal said in a meeting held on Friday.

“Will people of Delhi not get oxygen if there is no oxygen-producing plant here? Please suggest whom should I speak to in the central government when an oxygen tanker meant for Delhi is stopped in another state,” he said.

Requesting the PM to facilitate the airlift of oxygen from West Bengal and Odisha to resolve the shortage in Delhi, Mr Kejriwal said, “PM Sir, please, do make a phone call to the Chief Minister of the state where maximum trucks (tankers carrying oxygen) are being stopped so oxygen can reach Delhi.”

Furthermore, the Chief Minister called for a national policy to tackle the crisis.

The interaction was not meant to be televised and Mr Kejriwal was accused of “descending to a new low”, Government sources said.

The sources maintained, “For the first time, private conversations of PM’s meeting with Chief Ministers is being televised. His entire speech was not meant for any solution but for playing politics and evading responsibility.”

According to a recent NDTV report, Mr Kejriwal raised the point of airlifting oxygen but “did not know” it is already being done.

The centre, they said, had done more to provide beds and oxygen than the Delhi government, said the source quoted by NDTV.

The Delhi High Court on Wednesday held the hearing of an urgent application over the shortage of oxygen supply and directed the central government to supply medical oxygen to six hospitals in the national capital at the earliest using any means necessary.

“He chose to spread lies on vaccine prices despite knowing that the centre does not keep even one vaccine dose and shares with states only,” the top sources reportedly said.

“All Chief Ministers spoke about what they are doing to improve the situation. However, Kejriwal had nothing to speak on what he is doing.”

Furthermore, the Delhi Chief Minister was also accused of ‘yawning and laughing’ during a previous meeting on Covid with PM Modi.

The Chief Minister’s office issued a statement about the telecast and said, “Today, the chief minister’s address was shared live because there has never been any instruction, written or verbal, from the central government that the said interaction could not be shared live. There have been multiple occasions of similar interactions where matters of public importance which had no confidential information were shared live. However, if any inconvenience was caused we highly regret that.”

Delhi Disaster Management Authority (DDMA) on Thursday, issued new directives regarding the supply and allocation of oxygen across Delhi and appointed two senior bureaucrats as nodal officers to ensure smooth movement of tankers and facilitate oxygen supply to city hospitals.

AgustaWestland Case: Alleged middleman Christian Michel first files, then withdraws his bail plea from Delhi High Court

News Desk — Thu, 22 Apr 2021 07:45:04 +0000

Christian Michel, alleged middleman in the AgustaWestland case, files bail plea in the matter. Delhi High Court begins hearing the plea.

Christian Michel, alleged middleman in the AgustaWestland case, files bail plea in the matter. Delhi High Court begins hearing the plea.

(File photo) pic.twitter.com/ZaGIhrNnii

— ANI (@ANI) April 22, 2021

Earlier, Christian Michel moves his bail plea in Delhi’s Rouse Avenue Court. The Court asks CBI to file reply on the bail plea, and sets May 6th as the next date of hearing. And then Delhi High Court withdraw his plea.

And now the reports are coming that Delhi High Court being hearing the plea.

Michel’s bail application, filed on Tuesday, noted that he had spent two years and four months in custody in India and another 50 days in Dubai during his extradition proceedings and that he had undergone “almost 600 hours of custodial interrogation” by the CBI and ED. The application said others arrested in the same case had also been granted bail.

The application further said Michel will be available to join “any future investigation and trial, as and when required, and has never sought to evade the process of law”.

Christian Michel, the alleged middleman in the AgustaWestland VVIP helicopter deal, has sought bail in cases registered against him by the CBI and Enforcement Directorate on the grounds that a United Nations panel had ruled that his detention was arbitrary.

The United Nations Working Group on Arbitrary Detention (WGAD) found that Christian Michel, who has been held in India since December 2018 after being extradited from the United Arab Emirates, was being detained arbitrarily

The UN panel said that as well as his release, Michel should be accorded the right to compensation and reparations from India and the United Arab Emirates.

The experts also called for an independent full investigation and action to be taken against those responsible for the violation of Michel’s rights.

Delhi HC rejects WhatsApp, Facebook’s plea challenging probe against their ‘New Privacy Policy’

Meemansa Shekhawat — Thu, 22 Apr 2021 06:36:26 +0000

Justice Navin Chawla of the Delhi High Court defenestrated Facebook Inc and its subsidiary Whatsapp’s plea against an order issued by the Competition Commission of India (CCI) to conduct an inquiry into the New Privacy Policy. The CCI has alleged Facebook Inc and Whatsapp of being unlawfully anti-competitive.

The court has said that it wasn’t able to detect merits in the petition and refused to extinguish the CCI probe.

Delhi High Court dismisses Facebook and WhatsApp's pleas challenging a Competition Commission of India (CCI) order for an investigation into the messaging app's new privacy policy. pic.twitter.com/fWOIRkjhfN

— ANI (@ANI) April 22, 2021

Well, the matter was taken ahead to the court by three concerned parties; Sr. Adv. Harish Salve for Whatsapp, Sr. Adv. Mukul Rohatgi for Facebook as well as additional Solicitor General Aman Lekhi for the CCI. The matter was argued by the three at great length.

Salve, speaking against the CCI order, said, “The primary aim of the 2021 policy is to provide users more transparency and to inform users how business services work for providing optimal benefits. Whatsapp has a separate business service- providing for linking it with Facebook,” as quoted by Live Law.

Furthermore, defenestrating the privacy infringement concerns, Salve added, “Whatsapp cannot see users’ personal conversations with their friends or family as they are protected by end-to-end encryption and that the 2021 updates do not change this”.

In order to this, Facebook’s representative Sr Adv Rohatgi sought a stay on the proceedings on various grounds.

In addition to this, ASG Aman Lekhi for the CCI, also argued that the issue is not only limited to privacy concerns but also pertains to access to the data and therefore, the CCI is was acting well staying within its boundary.

Delhi HC directs Centre to supply oxygen to Max Hospitals at earliest

Shreejit Shelar — Wed, 21 Apr 2021 19:14:35 +0000

Delhi High Court on Wednesday held the hearing of an urgent application over the shortage of oxygen supply and directed the central government to supply medical oxygen to six hospitals in the national capital at the earliest using any means necessary, reported the news agency ANI.

A bench of the HC issued the order while hearing a plea by Max Healthcare over the shortage of medical oxygen at its hospitals in Delhi-NCR.

Following are the hospitals included – Max Hospital (Saket), Max Smart Hospital (Saket), Max Hospital (Patparganj), Max Hospital (Shalimar Bagh), Max Hospital (Vaishali) and Max Hospital (Gurugram).

The Centre – represented by SG Tushar – informed the court that supply of oxygen is on its way and it will reach the hospital shortly and further pointed out that oxygen supply has been delivered at one of the Max Hospitals.

Delhi High Court hears an urgent application regarding the oxygen shortage at Max Hospital

SG Tushar Mehta representing the Centre tells the court that supply of oxygen is on its way and it will reach the hospital shortly. O2 has been delivered at one of the Max hospitals.

— ANI (@ANI) April 21, 2021

The high court was reportedly informed that 2,000 MT of medical oxygen would reach Max Hospital in Delhi’s Patparganj in two hours.

Earlier in the day, Max Healthcare issued a press statement saying that it had only a few hours of medical oxygen supply left. Over 1,400 Covid-19 patients are being treated at seven Max Healthcare hospitals, the statement went on to add.

However, Max Healthcare then moved to the high court seeking an urgent hearing over the same.

A bench of the Delhi HC comprised of Justices Vipin Sanghi and Rekha Palli said the Centre was directed to protect the fundamental right to life of citizens who are seriously ill due to Covid-19 and require medical oxygen.

The Delhi High Court assured that it has full faith in the centre and it will deliver the oxygen. Patparganj hospital will get the supply of oxygen in 2 hours, added the Delhi High Court.

However, it further questioned about rest of the hospitals that are also facing a shortage of O2.

“You can pass an order as it is a national emergency, no industry will say no,” added Delhi HC while directing the centre.

Delhi High Court says we have full faith that you (Centre) will deliver oxygen. Patparganj hospital will get supply of oxygen in 2 hours. But many other hospitals also facing a shortage. You can pass an order as it is a national emergency, no industry will say no, Court adds.

— ANI (@ANI) April 21, 2021

During the hearing, the HC asked the centre to immediately cease the supply of oxygen for industrial purposes which will ultimately help in the smooth supply of the oxygen for the hospitals. The recent decision comes after several hospitals in Delhi raised their concerns over the shortage of oxygen supply for Covid-19 patients.

Delhi High Court asks Centre to immediately stop the supply of oxygen for industrial purposes#COVID19

— ANI (@ANI) April 21, 2021

The bench questioned the government over the deteriorating conditions at the hospitals in Delhi. “Why govt is not waking to reality”, questioned the Delhi High Court while hearing an urgent application regarding the oxygen shortage at Max Hospital, reported news agency ANI.

COVID19 | Why govt is not waking to reality says Delhi High Court while hearing an urgent application regarding the oxygen shortage at Max Hospital

— ANI (@ANI) April 21, 2021

Furthermore, the court targeted the government as it questioned, “How is this that the govt is so oblivious to the ground reality? We can’t have people dying?”

“Yesterday, we were told you were trying to import. What happened to that, HC asks. This is an emergency of such grave nature, HC added”, added the Delhi High Court in an urgent hearing on Wednesday.

How is this that the govt is so oblivious to the ground reality? We can't have people dying? Yesterday, we were told you were trying to import. What happened to that, HC asks. This is an emergency of such grave nature, HC added

— ANI (@ANI) April 21, 2021

The recent remarks come after the bench expressed its surprise over inaction by the central government despite the high court’s order dated April 20 in this regard.

“Yesterday, we passed a detailed order, including on the aspect of shortage of oxygen. We were informed that all industrial oxygen is being diverted for medical use except certain critical industries, inter alia, steel and petroleum. There were certain others running. However, it was not explained as to the nature of those industries. Counsel for Inox and Mr Jain submit that they are producing oxygen to their full capacity,” said the bench on Wednesday, as reported by India Today.

While the Delhi High Court has directed the Centre to immediately takeover production of oxygen from steel plant and petroleum plant, the bench has also asked the government to provide safe passage for the supply of oxygen from the place of production to the place of delivery.

Delhi High Court directs Centre to immediately takeover production of oxygen from steel plant and petroleum plant to supply for medical use

HC directs Centre to provide safe passage for the supply of oxygen from the place of production to place of delivery

— ANI (@ANI) April 21, 2021

The court maintained that its concern is not just for Delhi but all parts of the country.

The High Court curious to know about the centre’s hold over the Covid-19 situation and asked, “what the Centre is doing”, reported the news agency ANI.

Delhi High Court says our concern is not just for Delhi but all parts of the country. HC asks what the Centre is doing.

Court to hear the matter again at 9.20pm

— ANI (@ANI) April 21, 2021

Meanwhile, Delhi CM Arvind Kejriwal – through his Twitter handle – repeatedly highlighted the national capital’s condition in regards to the current Covid-19 situation and had appealed to the centre to provide more medical supplies for the state.

Furthermore, Max Hospitals in its in Delhi HC stated, “its hospital at Patparganj, has currently only 3 hrs of supply of oxygen& if oxygen runs out the life of 400 patients incl 262 covid patients is under threat. A no. of the patients are critical &on ventilator support & ICU”, reported ANI.

Max Hospitals in its petition in Delhi HC has stated that its hospital at Patparganj, has currently only 3 hrs of supply of oxygen& if oxygen runs out the life of 400 patients incl 262 covid patients is under threat. A no. of the patients are critical &on ventilator support & ICU

— ANI (@ANI) April 21, 2021

Delhi Crime Branch arrests Republic Day violence accused Deep Sidhu hours after getting bail from HC

Nitin Anand — Sat, 17 Apr 2021 11:03:12 +0000

On Saturday, April 17, Delhi Crime Branch arrests Punjabi actor-turned-activist Deep Sidhu, hours after getting bail from Delhi High Court earlier today.

Crime Branch of Delhi Police arrests Deep Sidhu, an accused in the 26th January violence case.

He was granted bail by a Delhi Court earlier today.

(File photo) pic.twitter.com/C1RFIaANX8

— ANI (@ANI) April 17, 2021

Earlier today, he was granted bail by Delhi High Court. Deep Sidhu is accused of allegedly inciting violence near the Red Fort on Republic Day. Police had arrested Deep Sidhu on February 9.

He was arrested after an FIR has been registered in connection with violence that include the names of Sidhu and others, while Delhi Police had also said earlier that Sidhu was involved in the incident.

Farmers have been protesting at the different borders of the National Capital since November 26 against the three newly enacted farm laws: Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020; the Farmers Empowerment and Protection) Agreement on Price Assurance and Farm Services Act 2020 and the Essential Commodities (Amendment) Act, 2020.

Delhi HC grants bail to Deep Sidhu; accused of Republic Day violence

Nitin Anand — Sat, 17 Apr 2021 05:58:15 +0000

On Saturday, April 17, Delhi High Court grants bail to Punjabi actor-turned-activist Deep Sidhu, who was booked for the violence near Red Fort on Republic Day.

Deep Sidhu is accused of allegedly inciting violence near the Red Fort on Republic Day. Police had arrested Deep Sidhu on February 9.

A Delhi Court grants bail to Deep Sidhu, an accused in the 26th January violence case.

(File photo) pic.twitter.com/vzrEEYuL1d

— ANI (@ANI) April 17, 2021

FIR has been registered in connection with violence, FIR include the names of Sidhu and others, Delhi Police had said earlier while adding that Sidhu was involved in the incident.

50 people can offer Namaz at Nizamuddin Markaz during Ramadan: Delhi High Court

News Desk — Thu, 15 Apr 2021 15:39:51 +0000

The Mosque was closed for devotees after the Tablighi Jamaat congregation last year. A single-judge bench of Justice Mukta Gupta relied upon the June 2020 Delhi Disaster Management Authority (DDMA) guidelines that permitted the opening of places of worship and religious places. The high court noted that there were no directions for the closure of places of worship under the latest guidelines issued on April 10.

The court further said that the situation is getting severe day by day, but since all the religious places of worship are open, this (Markaz) had to be opened too.

The court then sought an affidavit from the responsible authority on their opinion relating to religious places. The court noted that no affidavit was filed and therefore it relied on the DDMA notification which was issued last year and was still in force.

Appearing for the Union of India, advocate Rajat Nair told the court that the situation is becoming grave day by day and the infection is at an all-time high in the national capital and therefore it would not be in the interest of anyone to push for the gathering of a religious nature at present time. Nair told the court that Kalka Temple is offering online Darshan and so is Sacred Heart Church by conducting online sessions.

The court clarified that its order was subjected to any new notification relating to religious places and gatherings. The court made this order official after hearing a petition filed by Delhi Waqf Board through advocate Wajeeh Shafiq.

The petition questioned the necessity of keeping the waqf premises, which is situated at the Basti Hazrat Nizamuddin between Dargah Hazrat Nizamuddin and police station Hazrat Nizamuddin, under locks. The petitioner sought to issue directions to the respondents to consider taking more advanced and scientific methods to secure the condition of Waqf premises by making sketches/digital sketches, photography/videography of the interiors of the Waqf premises.

The petition further directed the respondents to cause minimum interference with the operation of the religious place. The central government vide its guidelines, known as “Guidelines for Unlock 1,” dated May 5, 2020, had approved the religious places outside the containment zones to be opened from June 08, 2020.

However, as per the information given by the petitioner from September 2020, the area of Hazrat Nizamuddin is kept outside the list of containment zones.

Delhi HC rejects bail plea of Shahrukh Pathan; accused of firing at constable during violence in North-East Delhi

Govindraj Muttepawar — Thu, 15 Apr 2021 07:43:00 +0000

A Delhi court has dismissed an interim bail plea of Shahrukh Pathan, whose picture showing him pointing a gun at an unarmed Delhi Police head constable during the communal riots, went viral on social media.

Additional Sessions Judge Amitabh Rawat said going by Pathan’s conduct and the manner in which he had absconded after the incident and was arrested later on, suggested he was a flight risk.

“In the instant case, when the clashes happened on February 24, 2020 at near Jafrabad metro station, Delhi, and heavy stone pelting and firing occurred, as per prosecution, the applicant/accused Shahrukh Pathan was caught brandishing a pistol with the temerity of firing and pointing it at police personnel Head Constable Deepak Dahiya, who was deputed on that day for law and order arrangements. The accused is alleged to have participated in the riots and has been duly identified. Thus, the gravity in the present case is sufficient to deny any benefit of interim bail to the accused, the court said in its order passed on November 9.

Further, the court said– “Going by the conduct of the accused and the manner in which he absconded and was arrested later on, suggests that he is a flight risk.” Pathan had sought interim bail for taking care of his mother who has been asked to undergo surgical operation after sustaining injuries on her back and spinal cord.

Pathan filed the interim bail plea to make his presence for his father who is going under the surgery of knee. The court said the reply filed by the police suggested there was no emergency for the surgery of the right knee of his father.

It further said Pathan’s father and the relatives can take care of his mother at this time. It noted that Pathan’s father was earlier convicted in a case related to possession of narcotics. During the hearing, advocate Sunil Mehta, appearing for the accused, argued that he was initially trying to pacify the people protesting against the Citizenship Amendment Act and when attacked with heavy stones, he rushed to seek shelter.

The instant case against Pathan was registered under Sections 147, 148, 149, 216, 186, 307, 353 & 34 IPC read with Section 25 & 27 Arms Act.

Delhi HC issues notice to Centre, EC on a plea seeking compulsion for Covid-19 guidelines in elections

Nitin Anand — Thu, 08 Apr 2021 07:35:27 +0000

On Thursday, April 8, Delhi High Court issued notice to Centre and Election Commission, on a plea seeking direction to Election Commission to publish prominently on its website, mobile apps, election material & other platforms, “EC guidelines for conduct of general elections/bye-elections during COVID19” published in Aug 2020, reports ANI.

Plea also seeks direction to Election Commission to create awareness through digital, print and electronic media for compulsory wearing of mask and social distancing during Assembly Elections.

Delhi HC issues notice to Cente & Election Commission, on a plea seeking direction to EC to publish prominently on its website, mobile apps, election material & other platforms, “EC guidelines for conduct of general elections/bye-elections during COVID19” published in Aug 2020 pic.twitter.com/OiafsKD4r5

— ANI (@ANI) April 8, 2021

Plea was filed by Vikram Singh, the chairman of Think Tank Centre for Accountability and Systemic Change, and he was former Director General of Police, Uttar Pradesh.

The Assembly elections in Kerala, Assam, West Bengal, Tamil Nadu and Puducherry are being held in various phases between March 27 and April 29.

As per guidelines published in August 2020, following are the rules and regulations to be followed by Political parties while doing Political Campaigns.

1) Door to Door Campaign- Subject to any other restrictions including extant COVID-19 guidelines, a group of 5 (five) persons including candidates, excluding security personnel, if any, is allowed to do door to door campaigning.

2) Road Shows – The convoy of vehicles should be broken after every five vehicles instead of 10 vehicles (excluding the security vehicles, if any). The interval between two sets of convoy of vehicles should be half an hour instead of gap of 100 meters.

3) Election Meetings – Public gatherings/ rallies may be conducted subject to adherence to extant COVID-19 guidelines. District Election Officer should take following steps for this purpose:
(a) District Election Officer should, in advance, identify dedicated grounds for public gathering with clearly marked Entry/Exit points.

(b) In all such identified grounds, the District Election Officer should, in advance, put markers to ensure social distancing norms by the attendees.

(c) Nodal District Health Officer should be involved in the process to ensure that all COVID-19 related guidelines are adhered to by all concerned in the district.

(d) District Election Officer and District Superintendent of Police should ensure that the number of attendees does not exceed the limit prescribed by State Disaster Management Authority for public gatherings.

(f) The political parties and candidates concerned should ensure that all COVID-19 related requirement like face masks, sanitizers, thermal scanning etc. are fulfilled during each of these activities.

(g) Non-compliance of Instructions – Anybody violating instructions on COVID-19 measures will be liable to proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Section 188 of the IPC. District Election Officer should bring this to the notice of all concerned.

4) Allocation of public spaces must be done using Suvidha app in the manner already prescribed by Commission.

Mask mandatory even if driving alone: Delhi High Court

Govindraj Muttepawar — Wed, 07 Apr 2021 06:25:56 +0000

The Delhi High Court on Wednesday, April 7, said that a mask is compulsory even if a person is driving alone in a private vehicle. A car will be taken as a “public place”, rules the Delhi HC.

The court said that mask acts as a ‘suraksha kavach’ (safety armor), which would prevent the spread of Covid-19, reports ANI.

Delhi High Court rules mask mandatory even if a person is driving alone. It states that a mask acts as a 'suraksha kavach' which would prevent the spread of COVID19. pic.twitter.com/litzyIQ4iN

— ANI (@ANI) April 7, 2021

The court also said that wearing of masks in Delhi was compulsory for everyone. Announcing the decision while hearing a case involving fines for not wearing a mask while driving alone, Judge Pratibha M Singh said, “Even if you are alone in the car, why object to wearing a mask? It is for your own safety.”

“When a car stops at a traffic signal, a driver often has to roll down their window. The coronavirus is so contagious that even in that time, anyone can be infected,” the court said.

“This was the least anyone could do to be safe against Covid,” she added. “Scientists and international governments advise wearing of a mask. The challenge of the pandemic was enormous and the wearing of face masks is necessary whether a person is vaccinated or not,” the Delhi HC said.

A single judge bench of Justice Prathiba M Singh also dismissed all petitions challenging the fines imposed on those people who did not wear masks when they were alone in their cars. The Union Health Ministry had earlier informed the Delhi HC that there was no rule that a lone driver had to wear a mask. But every state had the right to make its own rules and enforce them, the ministry had stated.

Toolkit Case: Climate Activist Disha Ravi sent to three days judicial custody

Devanshu Singla — Fri, 19 Feb 2021 12:25:43 +0000

Disha Ravi, the climate activist arrested over a farmers’ protest toolkit linked to Republic Day violence in Delhi – has been sent to judicial custody for three days after she was produced in a court today by Delhi Police. The 22-year-old who was arrested last week is facing charges of conspiracy and sedition.

The Google document, which was tweeted by Swedish climate crusader Greta Thunberg earlier this month to back farmers’ protest and then deleted, was created by Ms Ravi and two other activists Nikita Jacob and Shantanu Muluk, police had alleged this week.

Stressing on the possibility of “evidence tampering”, the cops today sought three more days of judicial custody for Ms Ravi; she was in police custody for five days.

“I did not make the toolkit. We wanted to support the farmers. I edited two lines on February 3,” Disha Ravi had told a court on Sunday.

However, the Delhi Police had justified the action. “Highly incriminating information was recovered from Disha’s phone, which made it clear that she made the document (toolkit) along with Shantanu and Nikita and sent it to others,” senior Delhi Police officer Prem Nath told reporters on Monday.

“The main aim of the toolkit was to spread misinformation against the lawfully elected government. They also sought public participation in the action on January 26, Republic Day of India. We acted against Disha because she deleted a WhatsApp group created to coordinate for the toolkit,” he had said.

High Court has told news channels to “ensure that proper editorial control is exercised while disseminating information to ensure the investigation is not hampered”

Future Retail Case: Delhi HC orders all authorities to maintain status quo

Sanah Shah — Mon, 08 Feb 2021 14:15:28 +0000

Delhi High Court on Monday 8th February, in a judgement has put a stay single judge direction to Future Retail Ltd (FRL) to maintain status quo on ₹24,713 crore deal with Reliance Retail.

The High Court refused Amazon’s request to remain in suspension for a week for its decision to stay the status quo order concerning Future-Reliance deal.

“Statutory authorities should not be restrained from proceeding in accordance with law on Future-Reliance deal,” said Delhi High Court in its verdict.

A bench of Chief Justice D N Patel and Justice Jyoti Singh passed the interim direction on FRL’s appeal questioning the 2nd February order of the single judge.

Kishore Biyani-led Future Retail Ltd (FRL) today told the Delhi High Court that Jeff Bezos-led Amazon’s statement that it wanted to rescue the Indian company was “humbug”.

The court was hearing an appeal by FRL challenging the 2nd February order of a single judge directing it to maintain status quo on the ₹24,713 crore deal with Reliance Retail.

The argument was made before a bench of Chief Justice D N Patel and Justice Jyoti Singh by senior advocate Harish Salve after ending of arguments on behalf of the US e-commerce company.

Amazon, represented by senior advocates Gopal Subramanium and Rajiv Nayar, began arguments at 2.15 pm on Monday from where they had left off on 5th February.

They repeated that FRL’s appeal, against a single judge order of 2nd February, was not preservable.

They also argued that the 25th October, 2020 Emergency Arbitrator (EA) order by the Singapore International Arbitration Centre (SIAC) was a legitimate award and enforceable. The EA order had controlled FRL from going forward with the deal with Mukesh Ambani’s Reliance Retail.

After Amazon concluded its arguments, Salve, in contradiction, said that if Amazon wanted to salvage FRL, it could have undoubtedly invested ₹25,000 crore which was “peanuts” for the company. He said that Amazon keeps saying it wanted to and wants to help FRL, but it was all “humbug” as it did not undertake any such measures. Salve further argued that the EA order was not valid as an earlier single judge order of December last year had stated that there was no arbitration agreement between FRL and Amazon. He added that the instant appeal against the 2nd February order was maintainable under the Civil Procedure Code.

Amazon on 5th February had impelled the court to declare that the EA award was akin to an order of court and imposable like any other judicial direction.

FRL had previously told the high court that Amazon was conflicting the ₹24,713 crore deal with Reliance as the Mukesh Ambani company was a competitor, a contention denied by Amazon which said it was interested in salvaging FRL.

FRL had told the court that Amazon was not apprehensive that if the deal did not go through then all the shops of the Indian company would be shut down and it’s more than 25,000 employees would be without any livelihood.

FRL, in its appeal filed through law firm Naik and Naik and Company and advocate Harshvardhan Jha, has claimed that if the 2nd February order was not stayed it “would be an absolute disaster” for it as the proceedings before the National Company Law Tribunal (NCLT) for allowing the merging scheme have been put on hold.

It had also asserted that the single judge’s status quo order will effectively derail the entire scheme which has been approved by statutory authorities in accordance with law.

The 2nd February order had come on Amazon’s suit seeking enforcement of the EA order restraining FRL from going ahead with its ₹24,713 crore deal with Reliance Retail.

In its suit, Amazon has also searched to prevent Kishore Biyani-led Future Group from taking any steps to complete the transaction with entities that are a part of the Mukesh Dhirubhai Ambani (MDA) Group.

Apart from this, Amazon has also sought detention of the Biyanis, directors of FCPL and FRL and other related parties in civil prison and attaching of their properties for alleged “wilful disobedience” of the EA order.

In the last August, Future had reached an agreement to sell its retail, wholesale, logistics and warehousing units to Reliance.

While booking an order on Amazon’s suit to enforce the EA order, Justice Midha ordered all concerned authorities to maintain status quo with respect to the matters which are in violation of the arbitral award and to file status report with regard to the present status within 10 days.

Future Retail vs Amazon: Delhi HC begins hearing

Sanah Shah — Thu, 04 Feb 2021 08:06:40 +0000

The Delhi High Court is hearing an appeal filed by Future Retail Limited (FRL) against the Court’s order passed earlier this week directing status quo on FRL’s deal with Reliance.

As a relief to Amazon, the Delhi High Court said on Tuesday 2nd February, “In that view of the matter, the respondents are directed to maintain status quo as on today at 04.50 P.M. till the pronouncement of the reserved order.”

On 2nd February, while reserving its order in Amazon’s interim plea to halt Kishore Biyani’s Future Group companies and officials from depending on approvals given by statutory authorities in relation to the deal. A Single Judge Bench of Justice JR Midha had directed Future Retail Ltd to maintain status quo in relation to its with deal with Reliance.

Present reports from the court are –

Senior Advocate Rajiv Nayar for Amazon said that there is maintainability issue. Senior Advocate Harish Salve responded to this by saying that they anticipated a maintainability issue.
There is no Arbitration Agreement between FRL and Amazon as such.
The single judge says that there may be an Emergency Arbitrator – The objective of EA is to provide urgent pro tem or conservatory measures to a party or parties that cannot await the formation of an Arbitral Tribunal.
Salve said, “All this has to be done by the Arbitral Tribunal and not by the Emergency Arbitrator. Without prejudice, FRL raised objections.”
Salve made his case by saying, “There are four companies in play. Three are before the court. There is a company called FRL. It is a listed entity. It as 400 thousand shareholders and owns close to 1500 shops. It employs 25,000 people. Amazon has an agreement with FCPL.”

“FCPL has a business of coupons and loyalty cards of Future Group. There is no restriction in that business. Amazon does an agreement with FCPL. The agreement says it to develop the business. The business of FCPL. Amazon is not a party to this agreement. Common ground,” he continued.

The court proceedings are still underway as Reliance gets involved with their 24 crore deal to save all 25,000 employees, take all liabilities, keep the banks and money safe.

Delhi HC remarks to not use WhatsApp if concerned about data

Ruchira Sonawat — Mon, 18 Jan 2021 10:54:54 +0000

The Delhi High Court, on Monday, said that WhatsApp is a private app and in case anyone has a problem, he or she can remove it from their phones. It added by saying that all applications, and not just WhatsApp, take information from their users.

The court adjourned the matter to January 25 due to the paucity of time. Justice Sanjeev Sachdeva also refused to issue notice on a plea by lawyer Chirag Rohilla, who had challenged the new updated policy of WhatsApp.

Advocate Manohar Lal, who appeared for the petitioner also requested to seek a response from WhatsApp on his allegations and the issues raised by him. However, the court denied and suggested to switch to some other application if he has a problem.

Senior advocate Mukul Rohatgi, appearing for WhatsApp, told the court that the policy remains the same as it was for private persons for the last five years. He also said that the policy has been updated only with respect to business accounts, while also adding that private chats would continue to remain end-to-end encrypted.

The plea has contended that updated policy virtually scrutinises the personal profile of a user, violating the Right to Privacy of an individual.

The petition had also said that WhatsApp has put a compulsion to accept its new privacy policy by February 8. However, it was informed during the hearing that the implementation of the policy has been deferred till May.

Amitabh Bachchan’s voice as caller tune on COVID-19 awareness removed, Delhi HC disposes plea

Devanshu Singla — Mon, 18 Jan 2021 07:54:58 +0000

On Monday, a submission was made before a bench of Chief Justice D N Patel and Justice Jyoti Singh in the Delhi High Court by the petitioner who said that with the removal of the actor’s voice from the caller tune his plea has become infructuous as it has already been removed.

Delhi High Court was told that megastar Amitabh Bachchan’s voice has already been removed from the caller tune on precautions against Coronavirus and therefore, nothing remains in the PIL which sought its removal.

Taking note of the submission, the court disposed of the petition as not pressed.

The petitioner had asked for the removal of the voice of the megastar from the caller tune on the ground that the actor himself, along with some family members, had been infected by the novel Coronavirus virus.