2G scam probe: Delhi HC issues notice to all Essar Group promoters

The Delhi High Court on Friday (April 20) issued notice to seek response of all Essar Group promoters on the CBI’s plea challenging their acquittal in a case arising out of 2G scam case probe. The Central Bureau of Investigation (CBI) had moved the Delhi High Court challenging the Special Court judgment acquitting the Ruia brothers and the proprietors of the Loop telecom and Loop Mobiles in connection with the 2G Spectrum allocation scam. In their plea filed through Special Public Prosecutor Sanjeev Bhandari, the CBI had stated that the trial court had failed to appreciate the evidence on record. The CBI alleged that observations made by the Special Judge while acquitting all accused were “highly unwarranted” unjustified and in any case deserve to be expunged. This is the second appeal filed by CBI against Ravi Kant Ruia, Anshuman Ruia (both Essar Group Promoters), IP Khaitan, Kiran Khaitan (both Loop Telecom Promoters) & others against their acquittal in the 2G spectrum case with regard to allocation of additional spectrum. The case is that on 21.10.2009,   the   CBI   registered   an   FIR   vide   RC   DAI  2009   A   0045   against  unknown officials of Department of Telecommunications (DoT),  Govt. of India, unknown private persons/ companies and others  for the offence punishable under Section 120 B IPC read with  Section   13(2)   r/w   13(1)(d)   of   Prevention   of   Corruption   Act,  1988   (PC   Act),   on   allegations   of  criminal   conspiracy   and  criminal misconduct, in respect of allotment of Letters of Intent  CBI Vs.…
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Delhi Flying Club staff evicted, pray for de-sealing

Photo courtesy: Ashish Bhatnagar/Wikimedia Over 50 employees of the Delhi Flying Club and their families, who were evicted from their homes at Safdarjung Airport and their residences sealed on April 18, have urgently appealed to the Delhi High Court to order the Airports Authority of India to unseal their homes. A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar is hearing the matter. The club has 85 students, 85 staff and around 1,077 members. The staff will have to be relocated and all their dues cleared. The original petition seeking a writ of mandamus to ask the government to constitute the Airports Appellate Tribunal was filed in 2015. The present petition also seeks a writ in the nature of mandamus directing the Airports Authority of India not to evict the workers as it decided in January 2017. A hearing took place on April 18 after which the matter was adjourned to April 23. In the evening, the eviction took place. The evicted are being barred from collecting their belongings. They include children whose examinations are ongoing. Earlier in 2016, the high court had dismissed a plea of the Delhi Flying Club challenging its eviction from Safdarjung airport, saying that in any case, the place is known more as a wedding venue than for aeronautical activities and that only simulation training is being provided at the Club which does not merit occupation of the space and property.…
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2G spectrum scam: CBI moves Delhi HC against acquittal of Ruia brothers

The Central Bureau of Investigation (CBI) on Wednesday (April 18) moved the Delhi High Court, challenging the Special Court judgment acquitting the Ruia brothers and the proprietors of the Loop telecom and Loop Mobiles in connection to the 2G Spectrum allocation scam. In their plea filed through Special Public Prosecutor Sanjeev Bhandari, the CBI stated that the trial court had failed to appreciate the evidence on record. The Central Bureau of Investigation (CBI) alleged that observations made by the Special Judge while acquitting all accused were “highly unwarranted” unjustified and in any case deserve to be expunged. In the court the CBI filed its second appeal against Ravi Kant Ruia, Anshuman Ruia (both Essar Group Promoters), IP Khaitan, Kiran Khaitan (both Loop Telecom Promoters) and others against their acquittal in the 2G spectrum case with regard to allocation of additional spectrum. Matter is likely to be listed for hearing onApril 20, 2018 before Justice SP Garg. —India Legal Bureau…
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Kathua rape: Delhi HC orders media houses that revealed identity of victim to pay Rs 10 lakh each as compensation

The Delhi High Court on Wednesday (April 18) ordered a number of media houses that it had arraigned for publishing pictures and the name of the victim of the horrific Kathua rape and murder of an 8-year-old girl from a nomadic tribe to pay Rs 10 lakh each as compensation. The money collected, the court said, would be transferred to a Kammu and Kashmir Compensation Fund, to benefit the family of the victim. Media houses so arraigned accepted the compensation order. The money will be payable to the court and the court will transfer this amount to the fund. These media houses published, broadcast the identity of the victim, against established laws that prohibits the media from revealing the identity of rape victims. Read the Delhi HC judgment here.​ – India Legal Bureau…
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CBSE paper leak: Delhi HC dismisses an intervening plea seeking to pre-pone/cancellation of Class 12th Economics paper

The Delhi High Court on Monday (April 16) dismissed an intervening application asking court to pre-pone or cancel the retest of Economics paper (as various competitive exams are coming up and many other state boards are preparing for the same entrance exams and this would put in difficulty for the CBSE students) after accepting CBSE’s submissions that the date for retest was fixed after having taken into consideration all relevant aspects. The bench comprising Acting Chief Justice Gita Mittal and Justice C Hari Shankar was hearing a batch of petitions seeking a court monitored investigation into CBSE paper leaks of Economics and Maths. During the course of proceedings, the intervener said: “It would not be in the benefit of the students to give retest in the class 12 Economics paper as there are various competitive exams going to be held on the earlier dates. This is not in the interest of the students.” To which the bench asked CBSE’s counsel: “What is your stand?” “At this stage intervention should not be allowed,” the CBSE’s counsel said. Intervener again reiterated: “Entrance exam are far more important.” Bench said: “Whether to hold an exam or not is for the CBSE. We are not the statutory body to decide that.…
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Delhi HC issues notice to media outlets for disclosing identity of Kathua gang rape victim

Above: Delhi High Court/Photo: Anil Shakya The Delhi High Court on Friday (April 13) issued notice to CNN, NDTV, HT and TOI for disclosing the identity of the Kathua gang rape victim after taking suo motu cognizance of the reports published by these news agencies. The bench of Acting Chief Justice Gita Mittal expressed displeasure that none of the authorities acting for the welfare of the women and children came forward against the illegality of these news channels and print media. The bench also impleaded Ministry of Information and Broadcasting and Ministry of Women and Child Development as respondents in the matter. The matter was listed for next hearing to April 17. —India Legal Bureau…
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Summons by another Govt. committee: Delhi HC adjourns hearing of fresh application by Delhi Chief Secy

The Delhi High Court bench of Justice Rajiv Shakdher on Wednesday (April 11) adjourned to July 13 the further hearing of a petition by Delhi Chief Secretary Anshu Prakash who has appealed against a fresh notice issued to him by the Question and Reference Committee of the Legislative Assembly National Capital Territory of Delhi. The notice was for him to appear before it at 3pm today. Prakash’s lawyer Vivek Chib contended that they have got a stay from the single judge in the chief secretary’s main petition in which he has challenged the notice issued by the Assembly’s Privileges Committee. On the last day of hearing, On March 5, the court had issued notice which was accepted by the government’s counsel Ankur Chhibber. The court had also asked for counter-affidavits to be filed within two weeks from that date. The privileges committee hearing has been deferred till further orders of the court. —India Legal Bureau…
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Attack on doctors: Delhi HC orders evaluation of 3 major hospitals on infra, doctor-patient ratio, facilities, safety

Above: An inside view of one of the govt hospitals in Delhi/Photo: Anil Shakya The Delhi High Court on Tuesday (March 10) directed National Accreditation Board for Hospitals and Healthcare Providers (NABH) to evaluate the three hospitals — AIIMS, Safdarjung Hospital and LNJP hospital on the parameters suggested by it which was readily accepted by the Senior Director, NABH. The bench comprising Acting Chief Justice Gita Mittal and Justice C Harishankar gave the directions on a suo moto cognizance of increasing incidents of violence against doctors in government hospitals. The parameters which were set by the bench were: With regard to the available infrastructure in the hospitals and what steps should be taken to improve them. NABH shall state the adequacy of the doctor patient ratio. Facilities available to doctors. Essential measures for the welfare of doctors. Safety and security measures in place and required to be developed for the doctors. The bench further instructed: “It shall be open for the NABH to decide which departments they have to analyse, such as Radiology, Emergency, Gynaecology and Paediatrics etc. Evaluation shall be completed within a period of three weeks and reports shall be placed before the next date of hearing. Evaluation and assessment should be undertaken by qualified doctors.” While assessing the financial resources required doing the evaluation, the bench asked the Senior Director how much money she needed to conduct the evaluation.…
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Delhi HC issues notice to Karti’s CA in ED plea against bail

Above: Delhi High Court/Photo: Anil Shakya   Reacting to an Enforcement Directorate (ED) appeal against bail granted, Justice AK Pathak of the Delhi High Court on Tuesday (April 10) issued notice to S Bhaskaraman the chartered accountant of Karti Chidambaram, son of former finance minister P Chidambaram, to file his reply before the next date of hearing, which is August 16. Karti and his CA are allegedly involved in INX Media Money Laundering Case and the bail was granted by the Patiala House Court Delhi. The counsel appearing for ED contended that the only reason cited by the Sessions Judge while granting bail was that he was arrested by the CBI and was in custody of the CBI. He was arrested by the ED on February 16 from a five-star hotel and was on March 13 granted bail in the money laundering case by the court which said that there were no specific allegations against him except that he aided Karti Chidambaram in committing the crime. —India Legal Bureau ​…
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Appeal against ex-Prez Mukherjee’s book: Delhi HC judge reserves order, then withdraws it

The Delhi High Court bench of Justice Nazmi Waziri, which had been handed the petition against ex-President Pranab Mukherjee’s book after earlier judge Justice Pratibha M Singh had recused herself from the case, had heard the case and was supposed to pronounce his judgment on the day on Monday (April 9). However, later in the day, Justice Waziri withdrew his reserved order and a new date of hearing is May 24. The judge, instead, has sought some clarification from the petitioner. He has asked petitioner Umesh Chandra Pandey to clarify whether his complaint was registered as a suit in trial court. The trial court, on November 30, 2016 had rejected the case about the book ‘Turbulent Years 1980-1996’. The allegation is that the book hurts Hindu sentiments. The appellants want deletion of certain portions of the book, especially sections referring to the Babri Masjid demolition issue. —India Legal Bureau…
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Delhi HC seeks some clarification whether the plea alleging objectionable content in the book written by Ex-President was registered as a suit in trial court or not

The Delhi High Court bench of Justice Nazmi Waziri Court sought some clarification from the petitioner whether his complaint was registered as a suit in trial court or not before May 24, 2018 and reserved its order till then. Earlier, Justice withdrew the reserved order which was scheduled for pronouncement today. The bench was acting on the plea that challenged a trial court order rejecting the plea to delete certain portions from the book ‘Turbulent Years 1980-1996’ written by former President Pranab Mukherjee. The plea had urged to delete certain portions alleging that it “hurt the Hindu sentiments”. “Pass a decree declaring that facts mentioned at page 128-129 of the book titled as ‘Turbulent Years 1980-1996’ as reproduced in para No.16 of the plaint are false and contemptuous and facts stated at page 153 of the same book in paragraph 22 are against the religious sentiments of the plaintiffs and Hindu devotees in general, same is uncalled for, malicious and based on political considerations and are liable to be deleted from the Book,” the petition said. Earlier, Justice Pratibha M Singh while hearing this same case had issued notice to Mukherjee but later withdrew the order and recused herself from hearing the plea.…
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Kirti Azad vs Chetan Chauhan: Delhi HC to hear defamation suit on August 28

Above: (Left) Kirti Azad and Chetan Chauhan  In a season of defamation cases, many of them related to the DDCA, two cricketers-turned politicians are now at loggerheads. Former India opener Chetan Chauhan had filed a criminal defamation suit against BJP MP Kirti Azad. Azad has come the Delhi High Court against a trial court decision. The court of Justice A K Pathak is hearing it. On the last date of hearing (November 16, 2017), Chauhan had filed a reply but, the petitioner’s (Azad) advocate contended that he had not received the copy of the reply. The court had said that a copy of the reply given to the petitioners and the rejoinder shall be filed by him. Petitioner Azad had requested the exemption from personal appearance before the trial court in January 2018 which was granted by the judge. The case has been adjourned to August 28. —India Legal Bureau …
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