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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SC Collegium sends back names of Justices Joseph, Bose for elevation

Above: (Left) Justice K M Joseph and Justice Anirudha Bose The Supreme Court Collegium on Friday (July 20) took a strong stance and returned to the Centre its earlier recommendations on judge postings. Chief among the names returned for reconsideration were that of Uttarakhand high Court Chief Justice K M Joseph (for elevation to the top court) and Justice Aniruddha Bose of the Calcutta High Court, for elevation as Chief Justice of the Delhi High Court. The two names, among others, had been returned with objections by the Centre. On Justice Joseph, a judge who had defied the Centre and nullified President’s rule in that state, the Centre had given a reason of him being junior and coming from the same parent high court as others already in the top court. Regarding Justice Bose, apart from the regional angle, the “junior” angle was also flaunted by the Centre. Technically, as per tradition and established norms, once the Collegium sends back its recommendations the Centre is bound to accept it. The decision was taken by the Collegium on Friday afternoon. Other decision reiterated were the recommendations of Orissa High Court Chief Justice Vineet Saran and Madras High Court Chief Justice Indira Banerjee to the Supreme Court.…
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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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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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Special judge in bribery soup: Delhi HC bench refuses to top inquiry, but allows judge to view CCTV footage

~By Kunal Rao Senior Civil Judge Rachna Tiwari Lakhanpal, against whom the full court reference of the Delhi High Court had continued an inquiry over allegations of bribery after rejection of the judge’s application to stop that inquiry, had filed another petition against the court challenging that inquiry order. The court has now handed the judge the right to view the entire CCTV footage that has been held against her in the case. This will be the full footage and not an edited one. On Tuesday (July 17) the court also directed Judge Lakhanpal to file a reply in the petition filed by her challenging the order of Delhi High Court Full court reference bench. That bench had rejected the rejected a pray to defer the departmental proceedings against her in the corruption case. In the last occasion the court had issued notice to the Registrar (Vigilance) Delhi High Court and other respondents. The court had said: “It (the bench) has considered the submissions and is of the opinion that the claim for suspension of the disciplinary proceedings, in the overall circumstances of the case, is not warranted. However, at the same time, given that according to the counsel for the parties the CCTV footage of the incident alleged appears to have been seized and is under the custody of Central Bureau of Investigation (CBI), the High Court is required to obtain a copy of the CCTV footage (not merely the excerpt of it) and provide it in electronic form to the petitioner within two weeks.…
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Delhi HC orders JNU not to take any coercive steps against Kanhaiya Kumar till next hearing

Justice Ms Rekha Palli of the Delhi High Court made it clear on Wednesday (July 18) to Jawaharlal Nehru University to not to take any coercive steps till Friday against Kanhaiya Kumar, who filed a petition against the high-level panel of JNU which had in 2016 recommended fine of Rs 10,000 on Kumar in connection with the February 9 event during which anti-national slogans were allegedly raised. Today during the hearing Justice Palli said that she hasn’t read the file yet as the Justice Siddarth Mridul who supposed to heard this matter is on leave, but she can direct JNU authorities to not to take any coercive steps till next hearing. —India Legal Bureau…
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Delhi HC wants to deal with disabled candidates specially, asks JNU to release other results

The Delhi High Court on Tuesday (July 17) directed Jawaharlal Nehru University (JNU) to release the results of the candidates except for candidates who fall under Persons with Disability (PWD) category for admissions in MPhil and PhD courses while continuing the interim order barring the results of PWD candidates for the same courses. During today’s hearing, the petitioner’s counsel said that section 32 of the People with Disabilities Act 2016 it clearly enunciates 5 per cent reservation for PWD candidates. The respondent’s counsel said that the Act says that it should be department wise — vertically and horizontally. To which the Bench said: “There is a difference between the vertical and horizontal. You can’t mix the SC/ST, OBC reservation with the blind candidates. Please read the Section 32 of the People with Disabilities Act 2016, it clearly says not less than 5 percent at all in total,” while also referring to SC judgment in Ravi Prakash Gupta case. The respondent sought time to examine the judgment in Ravi Prakash Gupta case. The petitioner further informed the bench comprising Acting Chief Justice Gita Mittal and Justice C Hari Shankar that JNU stayed the result saying matter is sub-judice. The bench said: “How can you stay the result.…
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Delhi HC takes note of frivolous petitions on unauthorized constructions, asks Registry to furnish details on all of them

~By Kunal Rao Taking note of frivolous petitions, the Delhi High Court has directed the Registrar (Writ) to give the details of over 15 petitions filed by an individual named Amit Kumar alleging unauthorized constructions in various parts of the capital. A bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar said that the Registrar (Writ) would place details of all the cases both — that have come up for hearing as well as the ones which have not been listed. The court’s direction came while hearing a plea filed by one Amit Kumar, who had alleged that illegal construction was going on one of the plots in ward No-8, Sarai, Mehrauli and despite repeated complaints, no action has been taken by South Delhi Municipal Corporation (SDMC). The plea, filed through advocate Vivek Kumar Shrivastava, also contended that ongoing unauthorized construction was affecting the ecological and environmental balance. During the proceedings, Tushar Sannu, counsel for the SDMC, informed the court that the petitioner had filed as many as 19 petitions in the last three years. He also raised questions on the credibility of the petitioner by referring to the filing of multiple petitions by him and also by not appearing in any of the last four hearings in the matter.…
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“Can an actor be held liable for the dialogues?” asks Delhi HC

The Delhi High Court on Monday (July 16) asked whether an actor can be held liable for the dialogues and does it amount to defamation. “Why have you made the actor as a party to the case? Can we stop a viewpoint from being aired? Should we stall such a viewpoint from being aired? Shouldn’t the viewer make up his own point?” the bench comprising Justices Sanjiv Khanna and Chander Shekhar asked. The court observed this while hearing a plea filed by Nikhil Bhalla seeking directions for the removal the offensive scenes and derogatory remarks directly or indirectly on the former Prime Minister of India, Rajiv Gandhi and on his family which are beamed through over-the-top media services provider Netflix in the series Sacred Games. During the course of proceedings, lawyers appearing for Netflix told the bench that all eight episodes have already been aired. Nothing new will be aired. The bench asked the petitioner: “It is already on air. What do we stop?” Petitioner submitted that there are two scenes where English translation has a different derogatory word. They have modified some but need to take out these scenes. It is a scene against a former PM for now, what happens next?…
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Delhi HC asks Delhi Metro to copy disabled friendly ways of London Tube

The Delhi High Court on Tuesday (July 10) sought reply from Delhi Metro Rail Corporation (DMRC) whether the facility which is provided to disabled persons in London Tube service can be replicated in New Delhi. During the course of proceedings on how disabled friendly the DMRC buildings and other government facilities were, the bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar sought to know how many buildings have been audited as regards disabled access. DMRC’s counsel informed the bench that an organisation has been deputed to conduct the audit of 10 organisations out of which six organisations have been audited. The counsel appearing for GNCTD said that tenders were invited from audit agencies to conduct audit of 59 buildings in New Delhi spreading across 11 phases out of which six phases have been conducted. The counsel further informed that no audit agency came forward to audit the Delhi Police building. At this the bench directed the PWD, Delhi Police to take the help of the Nipun Malhotra Foundation. In the overall picture of disabled friendly government buildings, the SDMC counsel said it will file a status report during the course of the day. The EDMC said that it has issued tenders for the renovation of buildings to make them disabled friendly.…
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