Delhi HC sets aside JNU order imposing Rs 10k fine on former JNUSU President Kanhaiya Kumar

Above: Kanhaiya Kumar (file pic) The Delhi High Court on Friday (July 22) set aside a JNU order imposing Rs 10,000 fine on former JNUSU President Kanhaiya Kumar holding it as “illegal, irrational and of procedural impropriety”. The court was acting on the plea filed by Kumar challenging a JNU order imposing a fine of Rs 10,000 against him. The single-judge bench of Justice Siddharth Mridul further directed the JNU to give Kumar a proper hearing. Consequently, the bench also sought reply from the central varsity on a petition filed by JNU student Umar Khalid who also challenged JNU order imposing a fine on him in the same episode in which Kumar was fined. The bench listed the matter for next hearing to July 24. During the course of proceedings, the petitioner said that he was slapped with a fine without being given proper hearing by the JNU authorities and was held guilty. It may be recalled that Kumar along with Khalid and Anirban Bhattacharya, were booked under the Sedition charges in the February 2016 episode in which a group of young men allegedly raised“anti-national” slogans in the varsity campus. —India Legal Bureau…
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Ayodhya land dispute: SC reserves judgment on whether case should go to larger bench

The Supreme Court bench of Chief Justice Dipak Misra and Justices Ashok Bhushan and S Abdul Nazeer on Friday (July 20) completed its hearing on the Ayodhya land case can reserved its judgment on the issue of handing the case over to a larger bench as has been demanded by counsels. Arguments today concentrated on details. One advocate asked senior advocate Rajeev Dhavan why he was terming Hindus as Talibanis. To this Dhavan said: “I stand by my statement.” The court reminded Dhavan “you have to use appropriate language.” At this Dhavan said: “I disagree with the court’s observation and this doesn’t amount any contempt, because it is my right to disagree.” The court said: “you start your argument.” Dhawan said: “Ok.” He referred to the Mathura Prasad judgment and also to the Gopa Prasad case. He said: “Our’s is a question of pure law and facts on actual materials.” Then he read the high court judgment on Ayodhya matter. He said: “I have only concern. In the jurisprudence of the court, who has the fundamental right to preach under article 25? The statement of paragraph 51 of the judgment is not in the context, because you cannot compare the two.…
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Daati Maharaj rape case: Delhi HC seeks reply from Delhi Police on plea seeking CBI probe against Daati and others

Above: Daati Maharaj (file picture) The Delhi High Court on Friday (July 22) sought reply from the Delhi Police on the plea filed by the victim seeking CBI probe against self-styled godman Daati Maharaj and others, who have been accused of sexual assault. The victim has also sought arrest of all accused and sealing of the ashrams belonging to Daati Maharaj. The next hearing of the matter is on August 30. The incident came into the light after a case was registered against Daati Maharaj under sections 354/376/377/34 IPC in Fatehpur Beri Police Station on June 6. It has been alleged by 25-year-old victim that she was raped by Daati Maharaj and his two associates two years ago at the godman’s ashram. —India Legal Bureau   …
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Custodial death in the Kotkhai rape-murder case: SC refuses bail to accused as CBI is yet to frame charges against the accused

The apex court on Friday (July 20) said that bail can’t be granted to former IGP Zahur Haidar Zaidi  (petitioner) and former Shimla SP DW Negi, both accused in the custodial death of Suraj Singh in the Kotkhai rape-murder case after being informed that CBI is yet to frame charges against the accused. During today’s hearing, the CBI’s counsel ASG Tushar Mehta informed the bench comprising of CJI Dipak Misra and Justices AM Khanwilkar, DY Chandrachud that Zaidi was not cooperating in the framing of charges. And once they do it, the investigation can be proceeded with. Mehta further informed the bench that July 24 has been fixed as the date for the framing of charges. The next hearing has been fixed in the second week of August. The bench was hearing the plea filed by former IGP Zahur Haidar Zaidi against the January 19 order of the Himachal Pradesh High Court dismissing his bail plea in respect of the custodial death of an accused in the 2017 case of gang-rape and murder of a minor schoolgirl in Kotkhai. —India Legal Bureau…
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Pradyuman murder case: SC refuses bail to accused juvenile

The apex court on Friday (July 20) denied bail to juvenile accused in the murder of seven-year-old Pradyuman Thakur by upholding the decision of the Punjab and Haryana High Court to refuse the bail plea of the accused. Juvenile’s father had moved the bail plea in the  apex court contending that the time period for the submission of chargesheet is 60 days and as that was not complied he should be given bail. However, the top court refuted the contentions saying that this is a murder case and the sentence can be life imprisonment, so the chargesheet can be submitted in 90 days. —India Legal Bureau…
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SC to take up the plea challenging 69 per cent reservation in Tamil Nadu on July 23

The apex court on Friday (July 20) said that it would take up the plea challenging 69 per cent reservation in all higher education institutes in Tamil Nadu on July 23. Advocate Sivabala Murugan on Friday mentioned the matter for urgent hearing before the apex court three-judge bench, headed by Chief Justice of India Dipak Misra. It may be recalled that Tamil Nadu govt had enacted a law providing for 69 per cent quota in employment and educational institutions in the State contending that backward classes constituted 87 per cent of the population. —India Legal Bureau  …
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Centre seeks 3 weeks’ time to respond to the pleas by crypto exchanges, challenging RBI order ceasing cryptocurrency transactions

The Centre on Friday (July 20) sought three weeks time from the top court to file replies to the pleas by crypto exchanges, challenging RBI order ceasing cryptocurrency transactions by banks as well as transfer petitions regarding the same. During the course of proceedings, Senior Advocate Gopal Subramaniam appearing for crypto exchanges said to the bench comprising CJI Dipak Misra and Justices AM Khanwilkar and DY Chandrachud that RBI order banning bitcoin as a legal tender doesn’t behove well in the era of digitilisation. The matter has been listed to September 11, 2018. India Legal had done a cover story titled The Great Bitcoin Scam unraveling an elaborate scam in Gujarat involving the bitcoins where Rs 88,000 crores was siphoned off from gullible investors. —India Legal Bureau…
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AgustaWestland case: Delhi court will act upon recent chargesheet by ED on July 23

The Patiala House court will act upon recent supplementary chargesheet by Enforcement Directorate (ED) in the AgustaWestland money laundering case against former Air Force Chief S P Tyagi, his cousin, lawyer Gautam Khaitan, two Italian middlemen and Finmeccanica firm with others on July 23. On July 18, ED had filed a chargesheet in the case before the Patiala House court. A total of 34 accused have been named in the chargesheet comprising of companies and individuals. Guido Haschke, Carlo Gerosa, former IAF chief SP Tyagi, Rajiv Tyagi, Sanjeev Tyagi, Gautam Khaitan, Shivani Saxena, Rajeev Saxena and Ritu Khaitan are the individuals who have been named in the chargesheet. Among the companies Aeromatrix Info Solution Ltd, Windsor Group Holdings, Ismax International Ltd, Cricklewood Ltd, Long Lasting Ltd, Matrix Holding Pvt Ltd, Uhy Saxena, Interstellar Technologies Ltd, OP Khaitan and Co, International Mediterranean Consulting, Infotech Design Systems, Gordian Services, Krishnayan, Krishneel, Tyagi Ishan, Krishnamaye, Krishnom, Neel Madhav Consultants Pvt Ltd, Mainik Agencies, Bruno Spagnolini, Giuseppe Orsi, Finmeccanica SPA and AgustaWestland. —India Legal Bureau…
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Delhi HC asks Govt what steps have been taken to set up rooms to facilitate breastfeeding

~By Kunal Rao The Delhi High Court on Thursday (July 19) sought replies from Centre, Ministry of Women and Child Development, Delhi government, New Delhi Municipal Corporation, Delhi Development Authority and Delhi Cantonment Board on what steps have been taken to construct feeding rooms/changing rooms at public places for women and children to ensure breastfeeding. During the course of proceedings, the bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar asked for Centre’s stand on the issue. To which the Centre’s counsel said that he needed to take instructions. “You need a representation to do this, go anywhere in the world, everywhere there is a breastfeeding facility for mothers,” bench said to the Centre’s counsel. Court issued showcause notice to all parties including Centre, Delhi Government, DDA, NDMC and Delhi Cantonment Board to file an action taken report within four weeks. The bench directions came while hearing a petition filed by a 9-year-old boy, Avyaan Rastogi through guardian Neha Rastogi stating that the government is not providing adequate facilities to the lactating mothers and infants in India. Petition said that breastfeeding becomes a more complicated task when you are at a public place. Even while travelling if some relatives are accompanying you especially males, then, it becomes uncomfortable to feed in car.…
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Delhi HC expresses concern on the defacement of Mandoli jail, tells authorities to take action

The Delhi High Court on Thursday (July 19) said that the defacement of Mandoli jail should be given adequate attention by the civic authorities besides other issues faced by Central jail. The bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar further directed the authorities to publicise the rules for defacement of property while also advising them to peruse its judgement in Prashant Manchanda case in which they had passed directions regarding defacement. During the course of the proceedings, other issues being faced by the jail were also raised. Petitioner said: “There are illegal factories running around the Mandoli jail causing smoke over the jail covering it under the clouds of smoke by burning tyres.” The bench directed the authorities to take action. To which EDMC replied that it will look into the matter. Another issue which was brought up by the petitioner was the poor quality of food served in the jail. The bench enquired about it from the jail authorities. The jail authorities replied that the supply of milk has been ordered by Mother Diary. Delhi govt’s counsel said that the DIG has been instructed to look into the issue. The bench was further informed about the illegal and unauthorised illegal activities around the jail by the amicus  Sumer Kumar Sethi and SHO of the area Sanjeev Kumar who said that everyone in the area were disturbed due to the pollution and smoke emanating from waste burnt by factories and scrap dealers just outside the prison’s jail no.…
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Delhi HC to Delhi govt: Ensure registration of vehicles belonging to PM, V-P, President and L-G

The Delhi High Court has directed Prime Minister, President, Vice-President and L-G to register their official vehicles with transport department of the Delhi government. The court also said that all the office vehicles shall have visible number plates. The court gave the order while acting on the plea filed by an NGO Nyayabhoomi. “Respondents shall ensure all vehicles registration,” the court said. During the course of proceedings, Delhi govt’s counsel said all vehicles related to Prime Minister, President, Vice-President and L-G have been registered. Only 14 more vehicles are due to be registered. Court directed the counsel to take steps to register remaining vehicles and also directed to file the compliance report. —India Legal Bureau…
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Unauthorized constructions, Delhi sealings: SC wants 48-hour notification to all law-breakers

The Supreme Court bench of Justices Madan B Lokur and Deepak Gupta on Wednesday (July 18) came down heavily on the laxity of the Delhi government on encroachments that have plagued the National Capital. Justice Lokur ordered that a 48-hour show-cause notice be served to all owners of unauthorized constructions. At that Attorney General K K Venugopal appealed that 48 hours was a rather short time and that there wasn’t enough manpower. To that Justice Lokur said: “You have manpower, but you have sleeping manpower.” Justice Lokur also made it clear that during the entire process all officials on duty should have police protection. The case continues through a PIL filed about large-scale and flagrant violations of unauthorized immoveable properties that have come up throughout Delhi. Today Justice Lokur pointed out the 700 cases of violation that had been identified and asked what the officials were doing about it. At that the AG said that these were pending. The judge said that it was said that there was 695 km of encroachment in a state like Delhi. The judge brought up the sad state that Mumbai is in now because of the floods, and how Minto Bridge had been flooded, mostly because of overburdening of civic amenities.…
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