February 29, 2016
#BSBassi: The Chief Justice bench of Delhi High Court today dismissed a PIL filed against Delhi Police chief B S Bassi, alleging that the top cop was affecting fair trial in the Kanhaiya Kumar case.
The bench of Chief Justice Rohini and Justice Jayantnath said that such petitions are filed for publicity, and are a burden for courts.
The PIL had also stated that Bassi had earlier made the statement that Delhi Police will not oppose Kanhaiya’s bail application.
#ChildTrafficking: In Sampuran Behrua vs. Union of India related to child rights, and prevention of trafficking, listed before Justice Madan Lokur and NV Ramana JJ, the bench requested the counsel of UoI, ASG P S Patwalia to file new affidavits by March 29.
The orders were given after Patwalia filed a status report on an affidavit which was quite lengthy. The court asked him to file short affidavits from now onwards.
During the last hearing on February 15, the court had formulated 15 points including constituting State Child Protection Society, state commissions for protection of child rights, establishing juvenile justice funds, establishing child welfare committee, registering child care institutions among others.
#DrDabholkarMurder: The CBI today filed status report in the murder case of rationalists Dr Narendra Dabholkar and Govind Pansare
The Bombay High Court said that more time should be given for further investigation under section 173. “We can see things moving. For the first time, we can see coordination between agencies. Coordination committee has been formed between Maharashtra Special Investigation Team, CBI and Bangalore CID,” the court said.
#GangsterEncounter: In the murder case of gangster Sandeep Singh(Kuldeep Singh vs. State of Haryana), the Bombay High Court slammed the public prosecutor for deliberately misleading the Supreme Court, asking the prosecutor why had falsely told the Supreme Court that the High Court had ordered an SIT probe into the killing.
The High Court had only directed the Mumbai police to register an FIR against Gurgaon police.
Sandeep, a gangster was killed in an encounter near MIDC on February 9. The Gurgaon police ducted the encounter in the jurisdiction of Mumbai police. The victim belonged to Haryana.
Kuldeep wanted a case to be registered under Section 176(1)(A) according to which a metropolitan magistrate will supervise the investigations.
#DrSaibaba: The Supreme Court today directed the Maharashtra government to complete the examination of eight material witnesses in Dr GN Saibaba case within a month from March 4 by day to day trial. The matter is now listed for April 4.
#ArundhatiRoy: The Supreme Court bench of Justices Khehar and Nagappan has listed the Arundhati Roy matter for final disposal on July 12 after the registrar of High Court entered appearance.
The state, meanwhile, is not filing any counter.
The court has also given time to HC to file counter.
February 26, 2016
#IllegalHoardings: The Bombay High Court rapped political parties today for erecting illegal hoardings, saying that the fine is being imposed to send a strong message to all parties who have violated the order.
The court has imposed a fine of Rs 25000.
The court also directed to compile a list of parties so that notices can be sent to them for contempt of court. The same notice will also be sent to lawyers of the political parties.
Among prominent leaders who have been fined include Sharad Pawar, Rahul Gandhi, Akhilesh Yadav, Chhagan Bhujbal.
The matter will next be heard on March 9.
#MakeInIndia: FIR under Section 336 and 285 of IPC has been registered against Wizcraft company in the fire at Make In India programme.
Section 336 pertains to endangering life or personal safety of others.
Section 285 is about negligent conduct with respect to fire or combustible matter.
#AppellateOrder: The Supreme Court has issued notice in Tehseen Poonawala vs. Union of India matter where the petitioner has submitted that National Forum should scrutinize the petition against any appellate order of High Court, which is to be filed before the Supreme Court.
The PIL also said that Supreme Court should only hear constitutional matters.
#Rape: Lucknow POCSO court gave permission for brain mapping,DNA,narco test of the two accused in the rape-murder case of a student whose body was found near the house of chief minister of Uttar Pradesh.
February 25, 2016
#JatAgitation: The Supreme Court today disposed of the matter of Delhi Jal Board vs. Union of India after Haryana submitted the status report.
The state government informed the court that water supply from Munak Canal (CLC- Common Link Canal) will be restored completely within 15 days.
The bench of Chief Justice of India and Justice UU Lalit asked if the agitation has been called off to which the state replied that there have been no fresh incidents after Monday evening, and the army is guarding the damaged site on the canal.
The Delhi government has deployed its heavy machinery for restoration work. The CLC gates at Ubru and Mandora have been restored,” the court was further told, which appreciated the cooperation between two state governments.
The court also allowed them to restore the petition in case of any hindrances in the restoration work.
#PatialaHouseScuffle: The Supreme Court today allowed the mentioning of petition suggested by senior advocate Prashant Bhushan, against lawyers involved in the scuffle, and seen on camera, threatening to use petrol bombs, saying that it was contempt of court.
Bhushan had earlier prayed to Justice Chelemeshwar that the petition be listed on urgent basis.
The bench of Chief Justice of India, Justice TS Thakur, and Justice UU Lalit has listed the petition for tomorrow.
#MaharashtraSadanScam: The anti-corruption bureau filed a fresh chargesheet against Sameer Bhujbal and Pankaj Bhujbal in the Maharashtra Sadan Scam today. The ACB, however, sought one month’s time to file a chargesheet in India Bulls matter.
#VirbhadraSinghMatter: Commissioner of Income Tax vs. Virbhadra Singh(CM, Himachal Pradesh) was passed over since counsel for both the parties: Attorney General Mukul Rohatgi and Kapil Sibal were arguing in Hardik Patel’s matter.
#DavidHeadley will be cross examined again on March 4.
February 24, 2016
#KanhaiyaKumar: The Delhi High Court again adjourned the bail plea of JNU Students’ Union President Kanhaiya Kumar to February 29. The Delhi Police had sought further remand in view of surrender by Umar Khalid.
Meanwhile, the court premises had a tough security cover like yesterday for the hearing of Kanhaiya’s bail application. Cops were using special handicams to record movement of people outside the court room, and no outsiders were allowed inside the room. The court itself was heavily barricaded, and barricades were also places between two court rooms to prevent any untoward incident.
#HardikPatel: The Supreme Court adjourned the quashing of FIR filed against Hardik Patel till tomorrow as the petitioner sought time since the counsel was engaged with Constitution bench.
The court of Justice Khehar and Justice Nagappan rebuked Patel, saying that it will not allow agitators to burn property of citizens. “Those who burn should know the consequences..We cannot allow the country to be taken for a ride,” the court said.
It also directed Attorney General Mukul Rohatgi who appeared for the state of Gujarat to assist the court to lay down parameter.
#MahaSadanScam: The anti-corruption bureau has filed a whopping 20000 pages chargesheet against former Maharashtra minister Chhagan Bhujbal in Maharashtra Sadan scam.
#MetroFareHike: The Apex court deferred the case to March 16.
#IPL: The Supreme Court agreed to Subramanian Swamy’s plea seeking lifting of ban on IPL franchise Chennai Kings.
#NoidaPlotScam: Justice Harsh Kumar of Allahabad High Court dismissed the petition filed by chief secretary Rajiv Kumar in Noida plot scam, continuing his sentence of three years.
The court had awarded three years’ jail to Kumar who was an accused in the scam.
February 23, 2016
#UmarKhalid: “Surrender or arrest”. This is what the Delhi High Court had to say to Umar Khalid and Anirban Bhttacharya, who had moved the court seeking protection to surrender, and also requested that they be allowed to do so at a secret place.
The court asked them to surrender, and were not given any protection from arrest.
The police, however, expressed its inability to manage law and order at a location chosen by the students.
The court further said: “You can’t use your whim and fancy. You have to follow the procedure, surrender or arrest. You have to be produced before a magistrate and he will decide whether you go into police custody or jail.”
Till tomorrow, the students have no protection from arrest, so they can be arrested any time.
#IntelAudit: The Supreme Court dismissed a CPIL(vs. Union of India) seeking auditing and control of Parliament on all intelligence agencies by placing reliance upon the practices of US and UK.
The bench comprising Justice Dipak Misra and Justice Shiva Kirti Singh said that everything practiced there cannot be made applicable in India.
The UOI was represented by Attorney General.
#MCDStrike: The chief bench of Delhi High Court comprising Justice Rohini and Justice Jayantnath have directed the employees to submit its reply regarding pending payments, including arrears etc.
The matter will now be heard on March 18.
#RamJanambhhomi: Before Justice Gopal Gowda and Justice Arun Mishra. The Supreme Court directed that a formal application has to be filed to procure all the pleadings and evidence in digital form, and only then the court will pass an order to implement this by directing the Registry of Allahabad High Court.
#ArunJaitleyDefamation: Patiala House to announce order on March 9.
SupremeCourtOnJatQuotaStir: Making sharp observations on the water crisis that hit Delhi due to Jat quota stir in Haryana, the Supreme Court said that matters like these should be left for the government to handle and leaders should take stock of the situation. The remarks were made after a Public Interest Litigation was filed by the Delhi Jal Board after the national capital suffered severe water crunch as agitators curtailed the supply from Munak canal.
#Passport: The Supreme Court agreed to examine the validity of a rule under which passport can be issued to a person facing criminal case only for one year. The court of Justices Chelameshwar and Manohar Sapre has issued a notice in the case(Prashant Bhushan vs. Union of India) and given three weeks’ time to the respondents to file a reply.
The petitioner had challenged Section 6 (2)(f) of the Passport Act. Counsel for the petitioner said that as the section fails to make distinction between person who has allegedly committed a heinous crime or a person who has been alleged to have committed moral turpitude, the trial is still pending, and he has not been convicted yet.
It was informed to the petitioner that in case a criminal case is pending, it is necessary to obtain an NOC from magistrate. If the magistrate mentions a time period, then the NOC is valid for that time period, and if no time limit is specified, then it is taken to be valid for one year.
February 22, 2016
#POCSO: Amicus Amit Borkar recommended on a suo moto PIL filed in Bombay High Court that a special court for POCSO cases, referring Delhi as an example where such cases are tried in a separate court room. The amicus curiae said that it is essential since seeing the accused during the hearing affects the child victim psychologically.
On the recommendation, Justice Oka asked for list of cases pending under POCSO, and also the number of judges appointed till now.
The case will be taken up on Thursday.
#JiahKhanSuicide: The court adjourned opening the Jiah Khan suicide case to February 25 after the prosecution expressed its inability saying it was yet to receive some documents from the CBI.
Chastising the prosecution, the court observed, “Open the case as per the chargesheet. It is surprising that you always come and complain. It seems special public prosecutor doesn’t want to rely on the chargesheet and wanted to bring some new documents.”
The charges will also be framed on February 25.
#ArunachalPradesh: The Supreme Court today reserved its judgment regarding discretionary power of governors to summon or advance the sitting of Assembly.
Eminent lawyer Ram Jethmalani who was appearing on behalf of chief whip Rajesh Tacho, by citing Article 367 read with Section 21 of General Clauses, submitted that the governor does not have the power to advance the Assembly session from December 16 to January 14.
“The previous order was issued on the aid and advise of the ministers but the subsequent order was not,” he further argued. “Hence, the conduct and act of Governor is non-existence in law,” he closed.
Meanwhile, Fali Nariman pressed for the issuance of quo warranto against the new CM arguing that the Governor, who is a party in the matter can’t swear in another person as CM who is also a respondent.
On the other hand, Kapil Sibal argued that Arunachal episode is an experiment and it would be repeated in almost all other states ruled by opposition parties.
#DavidHeadley: Abu Jindal’s lawyer Wahab Khan filed six applications in the Special Court today. The first one says that David Headley cannot become approver in an Indian court. He also wanted the identity of the document that Headley has been referring to, which is his testimony in US court, and demanded copy of the audio CD played on the last day.
Wahab Khan has sought four days for the cross examination. Special prosecutor Ujjwal Nikam has been asked to file his reply on a convenient date after speaking to US authorities.
Next hearing is on February 25.
#ArundhatiRoy matter in the court of Justice Khehar and Justice Nagappan. Pleadings in the case are complete. The court directed to move an application for exemption from personal appearance of Dr Saibaba during the trial after senior advocate TS Cheema argued for bail to Saibaba, stating that his condition was precarious and miserable. The place where the trial is taking place is 150 km away from Nagpur prison.
Saibaba has been charged with alleged Maoist links.
The bail was opposed by reading the report of chief medical officer, Nagpur jail which stated that all facilities are being given to Saibaba.
The state was also directed to take instructions whether Saibaba could be located to Gadchiroli in Maharashtra where the trial is taking place. The state lawyer, meanwhile, stated that the trial will be over in two months.
Matter is next listed for February 29.
#RamMandir: Subramanian Swami filed writ petition in Ram mandir issue. He mentioned the matter before the Chief Justice of India for listing it along with tomorrow’s court item which deals with the same issue. The court directed him to approach the concerned court tomorrow.
#SameerBhujbal: The remand copy of Sameer Bhujbal listed for March 7. Bhujbal’s counsel asked the court to not see extension of judicial custody as mechanical process but as judicial process, and give them time to share their side.
#AdarshScam has been adjourned to April 20 by the CBI Special Court.
February 19, 2016
#KanhaiyaKumarJNUCase
This is how the events unfolded in the court today. Timeline of latest on top:
– Kanhaiya Kumar’s bail application was listed at High Court and would be heard on February 23rd (Tuesday)
– Delhi police to provide adequate security to the lawyers of Kanhaiya Kumar.
– High Court asked to regulate entry of others to the courtroom in consultation with Registrar General of High Court.
– SC directs HC to list Kanhaiya’s case at the earliest. HC to regulate entry of others to the courtroom during hearing..
– Supreme Court says charges against Kanhaiya Kumar are serious; directs the accused to approach High Court today
– Kanhaiya Kumar’s counsel asking if Delhi Police can provide protection, if they move to High Court today for bail application
– Court is asking Kanhaiya Kumar to go to High Court for bail. Counsel says they want to move today
– Court asks solicitor general if they can assure security in the high court? Vrinda Grover, advocate for accused had submitted that it was a life threatening situation. R. P. Luthra says that he is offering his own personal security to the lawyers for accused. He also says that he will go to file papers for accused.
Now Soli Sorabhjee arguing for petitioner. It is not an imaginary apprehension. Those who were part of the mob is not at all remorseful.
– While hearing JNU case, Court says we will not ask them to go to Patiala house court
– During Kanhaiya Kumar hearing, Ranjit Kumar says, courts are functioning & there is no threat to any lawyer to go to courts.
– Ranjit Kumar, Solicitor General arguing that there is no safety issue in High Court; they have alternate remedy
– During JNU hearing, RP Luthra again says he is pained. Everyone laughed. He asked Soli Sorabhjee for pain killer.
– Court to Kanhaiya Kumar: If you were prevented from going to High Court, then you could approach Supreme Court
– During JNU hearing, Court asks why Kanhaiya Kumar didn’t approach High Court for bail?
– Subhash Chandran petition withdrawn, with liberty to file fresh petition. Raju Ramachandran arguing in Kanhaiya Kumar hearing
– Ranjit Kumar arguing for Union of India in JNU case. Kanhaiya Kumar’s petition is being heard right now.
– During JNU hearing, RP Luthra interrupts the petitioner counsel for using RSS as extremist; Asks for expunging such language.
– Hearing in JNU case has started. Court is now hearing CU Singh for petitioner Subhash Chandran.
#SalmanKhan: During the hearing of Salman Khan’s hit and run case, Mr. Rohatgi, Attorney General, submitted that the statement of Ravindra Patil (PW1) has been deemed ‘not wholly reliable’ because in the FIR, he did not say that Salman Khan was drunk. It was submitted that an FIR is information, not an encyclopedia. The statement of Ravindra Patil was read that in which it was stated that there were three people in the car.
The Judges asked Kapil Sibbal to give a preview of the defense. He submitted that when the accident happened, there were three people in the car: Kamaal Khan, Salman Khan and Ravindra Patil. Kamaal Khan was summoned twice, but he never appeared. Patil’s statement is not reliable and then, only witness of Salman Khan remains. The incident took place at 2.45 AM, but the FIR was lodged at 5.45 AM. In 2006, Patil said in his statement that he had asked Salman Khan not to drive, since he was drunk.
Now, Patil was police personnel, and the first thing he would have lodged in the FIR was that Salman Khan was drunk. Besides, the enquiry officer stated that he had interrogated Salman’s driver Ashok Singh, but he didn’t record his statement. Salman’s blood was first taken to Baba hospital for testing, but there was no facility for this examination. After that, his blood was taken to JJ Hospital. Blood sample was sent to police station and not the lab. Salman gave 6 ml of blood, but only 4 ml reached the lab.
A separate petition has been filed on behalf of the victims. Court has issued notice. Matter returnable after 6 weeks.
#BCCI: Hony. Secretary BCCI to file an affidavit in the Hon’ble Supreme Court on behalf of the BCCI pointing out the anomalies and difficulties encountered in implementation of Hon’ble Justice Lodha Committee’s recommendations.
BCCI Members authorized the President and Hony. Secretary to discuss the governance and financial restructuring of the ICC subject to such restructuring being incorporated in the constitution of the ICC for permanency. Further the members also authorized the President and Hony. Secretary to rework the FTPs for the period 2016 to 2023 and ensure equitable distribution of the matches.
The Members approved the recommendation of the affiliation committee of BCCI to grant full member status to Chhattisgarh State Cricket Sangh. They will be a part of the Central Zone for all the BCCI tournaments.
The Working Committee authorized the President and Hony. Secretary to appoint an agency to search for candidates for the posts of CEO and CFO for the BCCI.
#Pathankot: In Pathankot case, Pakistan Govt. has filed a FIR. Here is the copy of the same.
February 18, 2016
#ToyotaForJudges: UP Govt. will spend Rs 3.52 crore to purchase 25 top-end Toyota Corolla Altis cars for Allahabad High Court judges; replacing the existing Honda City cars. As per Govt. order issued on February 15th, each car will cost Rs 14 lakh.
#IllegalShrines: The Bombay High Court rapped the Maharashtra government and the Bombay Municipal Corporation for not been able to demolish illegal shrines. The bench observed it is surprising to say here that the process of demolishing illegal structures has been very slow.
“We would like to make it clear to the state government and authorities that they have to stick to deadlines,” the court said.
The state has identified 881 such structures, but demolished only 41 till January 31, 2016.
“It is the responsibility of the state to provide adequate police protection to the teams that go to demolish illegal structures,” the court noted.
The court also ordered to issue notifications to all municipal corporations to ensure that such constructions are not done without prior permission.
The state has been asked to issue notice under Section 154 of Town Planning Act to take preventive steps, and submit compliance report on or before April 6.
#ArthurRoadJail report filed in Bombay High Court today. The report states that there are seven women convicts, 202 female undertrials, and the jail has no bathrooms. The women have to defecate in the open. The jail has 39 male convicts, 266 undertrials. The building which is 106 year old has to be reconstructed. Safety wall is currently a height of 15-17 feet while as per norms it should be 21×22 feet high.
#BombayHighCourt fines 12BJP,1MNS workers with Rs 20000 each for illegal hoardings.Collected amount to be given to an NGO of their choice or the one decided by the court.
#PatialaHouseScuffle: The Supreme Court will take up the bail application filed by Sedition accused Kanhaiya Kumar tomorrow.
Senior advocate Vrinda Grover mentioned the matter before Chief Justice TS Thakur in the afternoon, and stated that the petition has only diary number and requested the court that Justice Chelemeshwar take notice of the petition today since the matter was listed for 2PM.
The CJI responded by saying that they may apprise the appropriate bench during the course of arguments.
Meanwhile, senior advocate Hiren Rawal who was part of the panel that was rushed to Patiala House Court yesterday to take stock of the situation when Kanhaiya was produced, submitted the report on behalf of the team. The report, however, was not signed by another team member Ajit Sinha.
Delhi Police will file the report by 10.30 morning.
Bar Council of India also appeared in the court, and submitted that it will tender the report by Monday.
The court has directed that the report should not be made public till it passes any order.
The main PIL filed by ex-JNU student ND Jayaprakash will be taken up on February 22.
In a related development, advocate Subhash Chandran who was assaulted on February 15, also moved a petition under Article 32, saying that the police did not register his complaint.
#ArunachalPradesh: The Supreme Court sent the petition pertaining to disqualification of MLAs back to Gauhati High Court, directing it to expeditiously dispose of the matter.
During the course of arguments, Kapil Sibal argued that the Governor cannot seek documents from the Speaker.
“The structure of the Constitution is permanent while politics is temporary. We should not tamper with this structure. Governments may come and go but we should not disturb the spirit of Constitution,” said Kapil Sibal while concluding his arguments in rejoinder.
Any action taken in the meantime is subject to the findings of the High Court, which will take up the matter on daily basis from Monday.
#DieselTrucksHealthHazard: In MC Mehta vs. Union of India in the court of Chief Justice of India, Justice UU Lalit regarding writ petition filed by KK Venugopal on behalf of children suffering from bronchitis, the state of Haryana submitted that it has diverted two lakh diesel trucks (Euro1& Euro2) from entering Delhi. However, the state of Uttar Pradesh did not file the affidavit as directed in the last order.
In the status report that it has submitted, the EPCA submitted that diverting the trucks has made a huge impact. There was less rain and was less windy as well this winter and the situation could have been worse had it not been for the directions given by the court and diverting the trucks.
The court has now issued notice in all interim applications, and the matter is listed for March 1.
February 17, 2016
#JNURow: This was perhaps that rare unprecedented move where the Supreme Court sat even after 4PM.
Patiala House Court sent JNU Students’ Union president Kanhaiyya, who has been charged with sedition to judicial custody till March 2. Kanhaiyya who was produced in the court after five days’ police remand, was also assaulted by a group of lawyers while he was being taken to the court.
The Supreme Court also ordered that the hearing on Kanhaiyya be adjourned in the current circumstances.
Meanwhile, the Supreme Court also sent a team of five senior lawyers including ADN Rao, Rajeev Dhawan, Kapil Sibal, Dushyant Dave, Hiren Rawal, and Ajit Sinha to Patiala House Court following reports that stones were pelted on Kanhaiyya and a team of journalists.
Dr Rajeev Dhawan, Siddharth Luthra, Indira Jaisingh, Prashant Bhushan, Dushyant Dave appeared before Justice Chelemeshwar. They said there was serious threat to life of accused; stones were thrown at senior advocates and abuses were also hurled on them in the court.
The premises turned into a fortress as Kanhaiyya since he was to be produced in the court. Security was also beefed up inside and around the court as tempers ran high with lawyers shouting pro-India slogans. Some of them also displayed the Tricolour outside the court.
Delhi Police chief BS Bassi was asked to submit a written report on Monday’s violence at Patiala House Court.
The Supreme Court directed that the report by the committee and High Court registrar should be submitted in the court by 2.30 tomorrow. Delhi Police has been asked to tender the report by 10.30 Friday morning.
Listed under urgent hearing by Chief Justice of India TS Thakur, the Supreme Court started hearing the PIL filed regarding the violence in Patiala House Court on Monday. Senior advocate KTS Tulsi appeared on behalf of journalists. Prashant Bhushan submitted that in the Monday scuffle between journalists and lawyers at Patiala House Court, a particular lawyer with allegiance to a particular political party did this, and there is video footage as well as evidence. “It is unfortunate that the police are not taking any action,” he said.
Rajeev Dhawan, counsel stated that lawyers have no right to take matter in their hands. “Open court means it is open to public and press,” he further stressed.
Counsel Raju Ramachandran prayed that since the police are also present, due protection should be given to press, and access should be given to the press to meet the accused.
During the proceedings, a lawyer, Rajeev, shouted ‘Vande Mataram’ in the court, and managed to give a slip when the bench asked to produce him at bar. He was later produced before the court, and apologised.
Earlier, the Supreme Court allowed only five journalists to cover the proceedings at Patiala House Court but agreed to another 25 after request from the scribes.
The case will now be heard on February 22.
#ChhotaRajan: CBI has sought time to file chargesheet against Chhota Rajan, saying they cannot file it till next time as they have not yet submitted FSL report. Slain journalist J Dey’s mobile has also not been submitted. His computer too has been sent to FSL.
After Rajan agreed to give his voice samples, his lawyer moved an application stating nothing incriminating should be asked that can be used against the gangster as his false confession.
Case to come up on March 3.
In another development, the National Human Rights Commission issued a notice to Delhi Police chief BS Bassi, and union home secretary regarding the police action in JNU.
#ZafaryabJilani who was counsel in the Babri Masjid Case, and was made additional advocate general by Samajwadi Party government has been suspended by Oudh Bar Association as its member after he was found working in the high court, defying the resolution of the association.
OBA is on strike against lathi charge on lawyers, and had asked all the advocates to support the strike, and suspend work in courts.
#SheenaBoraMurder: Justice Dharmadhikari has ordered not to release movie, Dark Chocolate which is reportedly based on the Sheena Bora murder case. The orders have been passed after former media mogul Peter Mukerjea’s sister Shangom Dasgupta filed a petition against the release of the movie.
Justice Dharmadhikari has ordered that neither the movie nor its trailor will be released till certified by the Censor Board.
#MakeInIndiaFire: Justice VM Kanade and Justice Revati Mohite Dere of Bombay High Court asked the Maharashtra government whether it did not have any policy of people’s safety and health following a PIL filed after a major fire broke out during Make In India programme.
The court asked the government to file a reply in two weeks, and take precautions so that such incidents do not take place in future.
#RahulGandhi: The Allahabad court today approved the petition filed in the court of chief judicial magistrate demanding a case of sedition be registered against Congress vice president Rahul Gandhi.
February 16, 2016
#MuzaffarnagarRiots: After investigation report on sting operations done for Muzaffarnagar riots emerged, tension brewed up inside UP assembly. The report was placed on the table of the house.
Azam Khan was earlier accused of inciting the riots and a sting operation was conducted on him, which was broadcasted by Aaj Tak news channel.
Satish Nigam has suggested that based on the findings of the report; there should be a provision to penalize the news channel as well. The committee investigating the case has said that Supriya Prasad, Deepak Sharma, Arun Singh, Harish Sharma, Rahul Kanwal and Pran Prasoon Vajpayee would be charged under IPC 153 A, 295, 200, 463, 464, 465, 469, 471.
Action can be taken against Aaj Tak news channel for broadcasting the sting operation on Azam Khan, who was accused of helping the rioters go free. The report consists of 350 pages. This has been described as one of the biggest investigations on TV journalism.
#JNU Faceoff: PIL filed by Ranjana Agnihotri demanding NIA or CBI probe in the JNU row has been dismissed by the Delhi High Court today, calling it “premature”. The court said that since the investigation is underway, it will not interfere.
Meanwhile, another PIL was filed in the Supreme Court today regarding the scuffle between lawyers and journalists in Patiala House Court yesterday. Prominent journalists including Rajdeep Sardesai, and Barkha Dutt were among those present in the Supreme Court. They had reportedly come to hand over a letter to Chief Justice of India, and had also expressed their desire to meet him personally. The media pool in the court where they were waiting was cordoned off by the police, and no one was allowed near them.
#ArunachalPradesh: The Supreme Court today refused to pass an interim order on Congress plea to restrain Governor from swearing-in the new chief minister in Arunachal Pradesh. It also declined the Congress’ prayer to maintain status quo in crisis-hit Arunachal Pradesh. Tempers ran high in the court room as senior advocate Fali S Nariman and Andhyarujina got into heated exchange.
#Greenbelt area in Malviya Nagar: Delhi court has sought status report from South Delhi Municipal Corporation(SDMC). The petitioner has said that the parking constructed in the area is affecting the environment.
#JokesonSikhs: In Harvinder Chowdhury vs. Union of India regarding jokes on sardars being heard by Chief Justice of India, Justice Banumathi and Justice UU Lalit. Senior advocates appearing for the respondents submitted that sensitisation of the issue is the need of the hour and orientation shall be done in schools. The respondents have sought six weeks’ time to file possible solution like the one mentioned above.
The judges, however, stated that they don’t want to pass an order that cannot be enforced. The CJI stated that Sikhs are the frontrunner and pride of the nation. He also said that many prominent members of the community like Khushwant Singh have written these jokes.
Chowdhary, however, stated that cracking jokes is fine but the whole community has become a butt of joke, which is hurtful.
#Flights to Shimla; Chairman Air India vs. Paras Dhaulta: Listed before Chief Justice of India, Justice Banumathi, Justice Lalit. PS Pawalia appearing on behalf of ministry of civil aviation submitted that due to inclement weather conditions, and less number of travelers opting for by-air services to Himachal Pradesh, running flights to HP is less lucrative.
The CJI, meanwhile, asked the procedure under which licence is granted to airlines, asking the ministry to file an affidavit describing the same. The judges further stated that they should stop giving licences and lay down a condition that if airlines get permit to fly to lucrative destinations, they should also be told to fly to a non-lucrative one.
Jet Airways had turned down the proposal to fly to Shimla.
The state of Himachal Pradesh has to file a reply within four weeks.
Matter now listed for March 16.
#LoanDefaulters and Bad Debt: CPIL vs. Housing & Urban Development Corp. Ltd & Others: Listed before Chief Justice of India, Justice Banumathi & Justice UU Lalit. The Supreme Court directed the Reserve Bank of India to submit a list of defaulters and bad debts that owe more than Rs.500 crore to public sector banks within six weeks. The Supreme Court was hearing a petition on alleged illegal sanction of loans by HUDCO. The petitioner had sought a CBI probe into the alleged scam.
Prashant Bhushan argued that the respondent had given loans worth thousands of crore to companies with bad track record. He read the CVC report which stated that the loans were highly risky.
He also argued that once the private players took the loan and defaulted, the loans were restructured and more money was given as loan.
The court has directed that RBI shall be added as a party and it shall file an affidavit giving details of defaulters and bad debts over Rs 500 crore.
Bhushan had argued that the top 10 banks had written off loans worth Rs 40000 crore in 2015.
#SheenaBoraMurderCase: Peter Mukerjea has been charged with murder, criminal conspiracy. CBI files supplementary chargesheet. Case to be taken up in sessions court on Feb 29.
Peter and Indrani were plotting to kill Sheena since 2008-2009.In an email dated April 11, 2011 sent by Peter to his son Rahul, “after Goa episode”, the father said that he just wanted him to apologise.
After disposing off Sheena’s body, Peter spoke to Indrani for 924 seconds. They also exchanged messages at 14:04 hours. They had also spoken on April 24 at 12:24 hours for 1329 seconds. Indrani got another call at 13.36 hours which lasted for 243 seconds.
In another email sent by Peter to Rahul on May 27, 2012, Peter wrote, “I maintain my earlier position that Sheena is fine. If anyone asks of her, ask them to call Indrani.”
Meanwhile, Sheena had told a close friend in an email that Indrani had tried her best that she loses her job in Reliance but she somehow managed to stay, and how she was not a good mother, tortured her and did not support her.
The investigation has not concluded and additional chargesheet is expected.
February 15, 2016
#CSRScam: Rakesh Kumar Tiwari vs. Union of India: The matter relates to Corporate Social Responsibility scam by Beni Prasad Verma who was minister in the UPA regime. The hearing will now take place on 22nd March. Today counsel for the Government ASG Sanjay Jain made statement before the court that he has received instructions from the Government of India and seeks four weeks time for filing affidavit.
You can read the complete petition here. (India Legal Exclusive)
You can read the complete story here.
#JusticeKarnan: Reg. Gen. High Court of Madras vs Tamil Nadu Public Service Commission, before Justice Kehar & Justice Banumathi. Senior Advocate argued on behalf of the petitioner and filed the affidavit of Shri B Hari, registrar cum private secretary to the Chief Justice of Madras Court.
The affidavit revealed that Justice CS Karnan of Madras High Court has received his transfer orders. The court has directed the Chief Justice of Madras High Court not to assign any judicial work to Justice Karnan. A copy of this order shall be provided to Justice Karnan and he may approach this court on his own cost.
After being transferred from Madras to Calcutta High Court, Justice Karnan calls upon CJI to file a written statement.
Justice Karnan Stays Order of His Own Transfer; Asks CJI To Submit ‘Reply’.
Read the letter from Justice Karnan to CJI. (India Legal Exclusive)
#JuvenileJusticeCase: Sampurna Behrua vs. UOI WP (c) 473/2005 Juvenile Justice Act; heard by Justice B. Lokur and Justice N. V. Ramana: Court was concerned about them being monitoring the matter for around 11 years. Court directed the ASG Paramjit Singh Patwalia to consider the 16 points suggested by petitioners counsel Collin Gonsalves. And matter adjourned till 29th February.
#JNU: In JNU matter, Ranjana Agnihotri and others vs. Union of India case: NIA investigation is on for all teaching and non teaching staff; if found guilty then appropriate action will be taken in accordance with law. Matter to come up for hearing in Delhi High Court on Wednesday.
#MumbaiEncounter: In Sandeep Gadoli encounter case, his brother has been asked to collect the body. Public prosecutor said that bullet injuries were observed during post-mortem; no other injuries found as claimed by the brother.
SIT has been formed on February 11th with 8 policemen headed by ACP.
Judge More & Achalya said that two FIRs and investigation can take place simultaneously.
#RailwaysDeath: Railways matter of Sameer Javeri – PIL/50/2008: Justice JJ Kanade & Dheere Patil remarked to Railways, that after 2006 bomb blast in trains, people take the name of God before getting into your trains. That is the condition of Indian Railways.
Further, they said that victims should get compensation immediately.
A year ago, Darshana Pawar died falling off the train at Badlapur. 4 different hospitals refused to take her. Notices have been sent to these 4 hospitals as well.
#JiahKhan: In Jiah Khan suicide case, court has directed CBI to give all the documents related to the investigation done by them to state police. Now, matter is posted on February 22nd for giving the documents. Sooraj was not present in the court.
#MIDC: In MIDC encounter case, court also observed that Gurgaon police had failed to take permission or inform local police, which is done when one goes into another jurisdiction.
#JayalalithaDAMatter: Advocate Satish R Giriji files case against Tamil Nadu Govt. over unpaid professional fees; He had assisted prosecution in Jayalalitha DA Case.
Read the letter here. (India Legal Exclusive)
#SalmanKhan: M. L Sharma vs. Salman Khan case
Justice Kheher and Justice Banumathi are hearing Salman Khan case. M. L. Sharma said more than Rs 25 crore has been spent to get the acquittal. Statement of Salim Khan was published in Hindustan Times. Courts said it is on lawyer’s fee. Since the case is already before us and we are considering the case so no need for us to entertain. So wp dismissed.
#MCDStrike: MCD strike matter now scheduled for February 23rd, 2016. Bench of Justice Rohini and Justice Jayantnath has sought reply for payment of salary of engineers of East Delhi Municipal Corporation
#LegalPIL: Bijoy Krishna Adhikary v Anjana Rakshit case has been listed as item 4 in Ct 1 before Chief Justice Lalit notice has been issued to Bar Council of India. The issue in this matter is: Can an advocate who was a counsel in the High Court file an SLP in the name of PIL and appear as petitioner in person? Nedumpara appeared for petitioner; The Court will ask BCI to take action for professional misconduct if it is not found to be so.
#PoppySmuggling: Samaj Bachao Mission Committee listed as item 7 in Court 1 regarding the smuggling of poppy. The matter has been directed to be tagged with a connected SLP which is already pending in SC. Petitioner was represented by Mr Rakesh Dwivedi.
#UGC: You have made it a commercial issue says Justice Thakur in Symbiosis matter listed as item 18. This pertains to the grant and accreditation of off campus centre in NOIDA. Union of India represented by ASG P S Patwalia and UGC by ASG Maninder Singh.
February 13, 2016
#Exclusive #JustIN On his last day as sitting judge in Supreme Court, Justice MY Eqbal shared few light moments with his colleagues. As soon as the court was about to rise, Attorney General Mukul Rohatgi thanked Justice Eqbal, and wished him well for his next innings. Chief Justice said most of the judges who retire from the Supreme Court are fit. Commenting to this Supreme Court Bar Association’s president Dushyant Dave who was present to wish the justice, said, “If your lordship will issue notice, I am ready to move a petition for extension of tenure of judges. Everyone burst in to laughter.
Then ASG Pinky Anand also thanked Justice Eqbal. In a humourous vein, Justice Eqbal asked if there was no farewell in the evening. The entire room burst out laughing.
#DavidHeadley opened another can of worms on the fifth day of his interrogation. Headley revealed that they were planning to attack Siddhivinayak Temple by sending terrorists as Hindu devotees. He also confessed that he had done a recce of Bhabha Atomic Research Centre at the behest of Major Iqbal. Iqbal had asked him to recruit a henchman of his in the research centre who would get them internal information.
During his video conferencing, Headley also revealed that Iqbal was miffed after they excluded Mumbai airport as one of the targets in 26/11 attacks. Headley discouraged both the temple and research centre as a target because they were heavily guarded.
Further unspooling what went into preparation ahead of 26/11 attacks, Headley said that Badhwar Park, Cuffe Parade was selected as the safest landing site because it gave practical advantage of small hutments, slums, cottages etc to connect to the main road.
The attackers used India sim cards and Sajid Mir told him to test the phone’s range by sending him to Wagah border. Mir also told him to keep good relations with the PR head of Shiv Sena and make an attempt to attack the Shiv Sena Bhawan or party leadership.
He also admitted that LeT was not keen to attack the National Defence College in Delhi but Al Qaeda thought it to be a good idea as it was a “high value” target and had senior military officers.
He also confessed that he was working for Al Qaeda as well when he visited India after 26/11 attacks, in March 2009.
Headley’s wife also wrote a congratulatory email to him, saying “Yaar, you did great”.
Headley told his interrogators that he bought five books, and made the payment via American Express card. The books were: Indian Army 2020, Royal Rajasthan, India’s Jewish Heritage, Grand Trunk Road, and Polo in India. Headley also claimed to have met Rahul Bhatt at Moksh gym. 10 attackers were sent in a group of two to CST, Hotel Taj, Leopold Café, Cabard House, and Hotel Oberoi. Lakhvi said that this attack was very important and should be done properly as this was the chance to take revenge from India for all the blasts that India has done in the past.
Sajid Mir and Abu Khaff decided whether the 10 attackers would take the strong hold option or egress option. Strong holds means not leaving the place of attack and keep on fighting till the end, while egress means leave the place, go back to Kashmir and continue fighting there.
Headely also said he took few videos of Shiv Sena Bhawan from inside and outside.
#NationalHerald The Supreme Court today exempted Congress president Sonia Gandhi, and vice-president Rahul Gandhi from personal appearance in trial court, in the much talked about National Herald case. Providing relief to the Gandhis, Justice Khehar and Justice Nagappan said all inferences drawn by the High Court regarding merits of the case are expunged.
The court also said that findings of the High Court at this stage prejudice the trial.”All issues to be considered at the time of framing of charges. Justice Khehar stated that the Supreme Court will limit its interference to findings of the High Court since “we want a fair trial”.
#ChildDrowning: The Delhi High Court will take up the child drowning case on February 18. Divyansh Kakrora, a student of class 1 in Ryan International School, Vasant Kunj area was found dead in the school water tank on January 30. The initial post-mortem report of 6-year-old Divyansh indicated presence of water in his lungs. The finding also indicated that he died due to drowning. Parents of the child had raised several question over the circumstances under he was found dead. Alleging foul play behind the death, they have also claimed that Divyansh’s body was found in a naked state.
#SwarajAbhiyanCase: Prashant Bhushan argued that the parameters of drought management are not fulfilled by the states. Gujarat is the only state to not implement National Food Security Act.
States, meanwhile, have submitted the report. States’ counsel argued that Bhushan is trying to mislead the court.
Bhushan also suggested legal parameters saying that lack of funds should not be an excuse. Centre should ensure that funds are given to states, and state must utilise them properly.
Court asked the state what it was doing for restructuring of loan schemes, apart from drought management, to which state replied that drought relief commissioner was making regular visits to states, and drought affected areas.
Court has now directed that the matter be listed for final disposal after three weeks. It also gave some guidelines like faithful implementation of acts and schemes, follow drought management manual. Court also directed the petitioner to give details of similar petition filed in Gujarat High Court when the same was requested by the union counsel.
#DisabilityPension: In Rekhi Devi vs. Union of India before Chief Justice of India, Justice Bhanumathi, the court has issued a notice following a petition filed by the wife of the deceased who served from 1996 to 2004, and was discharged from duty since he was suffering from HIV. The reason was use of syringes while the deceased was undergoing treatment for TB at military hospital.
#SabarimalaCase will be taken up on March 15. The court has appointed two amicus. The board has sought time to file additional documents in the matter. Earlier this week, the Supreme Court had questioned the age-old tradition of banning women from entering the temple dedicated to Lord Ayyappa in the menstrual age group, saying it cannot be done under the Constitution. “The temple cannot prohibit entry (women), except on the basis of religion. Unless you have a constitutional right, you cannot prohibit entry. Anyway, we will examine it on February 8,” a bench of Justices Dipak Misra and N V Ramana had said. The bench said this while hearing a PIL filed by Young Lawyers Association, seeking entry for all women and girls in the Sabarimala temple which, as a practice, does not allow women to enter the premises after attaining puberty.
#SheenaBoraMurderCase: Judicial custody of Indrani Mukerjea extended till February 25th.
February 11, 2016
#DavidHeadley: In major revelations during his interrogation, David Headley confessed that Sajid Mir and Major Iqbal sent him money on numerous occasions in an Indus Ind Bank account, Nariman Point branch. Once or twice he also admitted to having received counterfeit notes from Pak through MajorIqbal.
One Dr Rana was with Headley before the terror attacks. Headley was sent to US prematurely so that he doesn’t run into any legal trouble. RBI cancelled Headley’s application to open a business account. Sanders then opened it in his name.
#ArunachalPradesh: Andhyarujina while representing governor argued that the power of governor under Article 163(2) to exercise jurisdiction cannot be challenged. Desai brought some force in his arguments by relying upon Article 371(H) of Constitution which grants special status to state of Arunachal Pradesh, which in turn gives scope to governor as far as application of discretionary power with regard to law and order.
Justice Dipak Misra asked Desai whether the power conferred upon Speaker under Schedule X of Constitution subject to Article 179(c) of the Constitution?
Desai replied that both provisions operate in their own field. It’s like a Venn diagram, two circles formed together, a part overlapping in between but existing together in harmony,” he said.
#KarnatakaHC: A petition was filed in Karnataka HC seeking directions to Bangalore Bar Association to hold general body meeting to discuss “indiscipline and abnormal” behavior of a sitting HC judge, Justice Ram Mohan Reddy.
#Internet: The Supreme Court rejected the plea challenging state government’s power to suspend internet services under Section 144 of CrPC, Section 5 of Telegraph Act. PIL (Gaurav Sureshbhai vs State of Gujarat) dismissed by the court, saying services can be shut down by the state during riot like situation.
#SugarcaneFarmers: Cooperative Sugarcane Industries vs UP Pollution Control Board: Advocates for sugarcane farmers said there is concealment of material as they hid their clearance order because of which court asked for re-inspection.
#NationalHerald: The National Herald case is listed for tomorrow, Feb 12 before the Supreme Court. Congress president Sonia Gandhi has challenged the dismissal of the petition filed by them under section 482 Cr. P.C. for quashing the order passed by Patiala House Court taking cognizance of the complaint filed by Dr. Subramanian Swamy and issuing summons against Sonia Gandhi and Rahul Gandhi.
Appearing on behalf of the Gandhis, Kapil Sibal told Chief Justice of India that he got a call from Subramanian Swamy, saying that he is not available till Feb 19. Sibal, however, requested that the matter be heard tomorrow.
The matter is also scheduled for hearing on Feb 20 in Patiala House Court.
#Delhi-NarelaRailwayTrack: Cleaning of Delhi to Narela railway track: Court shows concern towards rehabilitation of slums besides cleaning the track. It asks for complete action plan by NCT to make flats for them, within a week. Court also asks railways to construct toilets beside tracks. Next hearing is on March 2.
#HimachalPollutionBoard: Atul Bhardwaj vs Himachal Pradesh Pollution Control Board: Three villages in Kangra not getting water for irrigation from river Gaj. Court asks for status report. Hearing is on Feb 18th.
#JDeyMurder: MCOCA court gives CBI nod to take voice sample of Chhota Rajan in J Dey murder, gangster agrees for the same.
#Pension: Ex-Hav Mani Ram Bhaira vs. UOI: Bench constituting Chief Justice of India and Justice Bhanumathi setting aside order of the Armed Forces Tribunal, has granted disability pension to the petitioner after observing that schizophrenia could be attributed to stressful work conditions in the army. The petitioner has been awarded disability pension from 1997 onwards.
He joined the army at the age of 17, and was diagnosed with schizophrenia at 19. The court further said that while the petitioner’s posting on the Punjab-Pakistan border was not a stressful one, still conditions of service shall be taken into account and petitioner’s disability was attributable to tough service conditions.
February 10, 2016
#MCDRow: Next hearing in MCD case on Feb 15.Justice Rohini assures if salary not paid till 15th, court will issue notice to MCD
#ArunachalPradesh: Bench asks Andhyarujina, guv’s lawyer: from where does the guv derive the power to stay the proceedings under Schedule X pending before the Speaker for adjudication?
Andhyarujina replies: Guv had an apprehension that since the Speaker was close to CM, he’d have never exercised his powers in an impartial manner.
#ManagementQuota: Order reserved
#ManagementQuota: Counsel for private unaided schools argued that it is an established principle that private unaided schools must be given maximum autonomy.
#ArunachalPradesh: Is the governor’s action in removing Speaker justified when the rules framed under Schedule X are clear, asks Justice Dipak Misra.
#DrunkDriving: Bombay HC directs state govt to licence in drunk driving cases. Order reserved till state govt provides data. Next hearing on March 16.
State govt said they don’t have sufficient breath analysers. Only 294 across Maharashtra. In Mumbai, 78, of which only 54 functional.
HC also said state govt has to file reply& submit plans along with data. Also directed state to consider pvt hospitals to accept victims.
#NurseryManagementQuota case to be taken up before Chief Justice Rohini & Chief Justice Jayantnath of Delhi High Court. Arguments have started.
#DrunkDriving: Bombay HC gives direction on drunk drive petition, which seeks to cancel license of the offender.
#ArunachalPradesh: Justice PC Ghose has said that Governor cannot mere act on apprehensions. A constitutional functionary has to exercise discretion as per his intellect by applying his mind.
When advocate Andhyarujina said that 21 MLAs do not want this CM, the bench retorts: “Where does Governor come into this?”
#MCDRow: Extra security deployed outside Chief Justice Court of Delhi HC in view of MCD strike matter. Security beefed up outside court room of Navank Shekhar. MCD’s stand is that salary hasn’t yet reached their bank accounts. Court has asked MCD to file an affidavit on this matter.
Chief Justice has clearly stated that salary is the greatest matter.
#DavidHeadley: Deposition adjourned for the day due to technical glitch in US.