News Analysis India

Tag: Delhi HC

  • Arvind Kejriwal Arrest LIVE Updates | Court Sends Delhi CM To 4-Day ED Remand |

    Arvind Kejriwal Arrest LIVE Updates: Delhi Chief Minister and Aam Aadmi Party (AAP) leader, Arvind Kejriwal, was today produced before the Rouse Avenue Court, following the conclusion of his custodial remand by the Enforcement Directorate (ED). This development comes in the wake of Kejriwal’s arrest in connection with an alleged excise policy-linked money laundering case. While the ED sought seven days remand of the Delhi CM, the court sent Kejriwal to four-day ED custody.

    On the other hand, the Delhi High Court also heard a public interest litigation (PIL) today, which sought Kejriwal’s removal from the post of Chief Minister of the Government of NCT of Delhi. The hearing was presided over by Justice Manmohan and Justice Manmeet Pritam Singh Arora. The court rejected the PIL saying that there is no leagl bar in the case and Kejriwal can continue to function as the Delhi CM. In another case, the Delhi High Court has also issued a notice to the Enforcement Directorate in response to a petition filed by Kejriwal challenging his arrest and the ED remand granted by the trial court.

    Sunita Kejriwal, the wife of the embattled Chief Minister, asserted that her husband’s health is not well and he is being harrased by the ED. 

    CM Kejriwal’s arrest and court proceedings LIVE here:

    4.43 pm: ED while seeking remand stated that Data in one mobile phone (belonging to the arrestee’s wife) has been extracted and is being analyzed. However, data from the other 4 digital devices seized during search at Arvind Kejriwal’s premises on 21.03.2024 (belonging to the arrestee himself) are yet to be extracted as the arrestee has sought time to provide password/login credentials after consulting with his lawyers.

    3.50 pm: The Rouse Avenue Court sent the Delhi CM to four-day ED remand. Kejriwal’s ED remand will now end on April 1. 

    3.30 pm: Arvind Kejriwal said in court that the ED has only two missions – two crush him and finish Aam Aadmi Party. Kejriwal said that his name is mentioned only four times in the documents of the ED and CBI. Kejriwal told the court that he was arrested on behalf of some statements that are not enough to arrest even a thief.

    02:43: The ASG SV Raju, representing the Enforcement Directorate (ED), stated that Arvind Kejriwal’s statements have been documented, and he provided evasive responses. ASG remarked that Kejriwal is intentionally refusing to cooperate with their investigation. He informed the Rouse Avenue court that during custody, Arvind Kejriwal did not divulge the passwords, resulting in the lack of access to digital data. The ED further said that, “A CM is not above the law.” According to Zee News TV report, The court has reserved the order regarding Enforcement Directorate’s plea seeking 7 days extension of Delhi CM Arvind Kejriwal’s custody remand.

    02:38: It is claimed that there was a scam worth Rs 100 crore… Delhi CM Arvind Kejriwal asserted before the Rouse Avenue Court during his ED remand hearing that Justice Sanjiv Khanna stated the money trail has not been identified yet… Kejriwal submits that the motive of the ED is to dismantle the Aam Aadmi Party.

    02:31:  CM Kejriwal says in his defence,”The case was initiated by the CBI two years back…The ED submitted a report spanning 25 thousand pages…Numerous ministers have visited my residence over time… I question why the arrest is solely based on verbal statements.” He is speaking in the Rouse Avenue Court. 

    02:24: “He is not proven guilty in any court,” Arvind Kejriwal says in Rouse Avenue Court.

    02:19: Delhi CM Arvind Kejriwal says, upon arrival at the Rouse Avenue court, “It is a political conspiracy and the people will give an answer to it.” 

    02:14: ED has requested an extension of seven additional days for the custody of the Delhi CM by remand, says he needs to be confronted with some people linked with excise policy case.

    02:05: Arvind Kejriwal has reached Rouse Avenue Court, and the court hearing has begun. His wife Sunita Kejriwal is also present in the proceeding.

    01:45: Delhi CM Arvind Kejriwal being brought out of ED office; to be taken to Rouse Avenue Court. 

    VIDEO | “This is a political conspiracy, the public will give a befitting reply,” says Delhi CM Arvind Kejriwal (@ArvindKejriwal) in response to a media query on Delhi L-G VK Saxena’s ‘government cannot run from jail’ remark.

    Kejriwal has been brought to Rouse Avenue Court in… pic.twitter.com/q7n2zYuHKb


    — Press Trust of India (@PTI_News) March 28, 2024

    01:30: Delhi High Court rejects PIL seeking removal of Arvind Kejriwal from the post of Chief Minister of Delhi.

    01:00 PM: Delhi Chief Minister Arvind Kejriwal will be produced before Rouse Avenue Court at 2 pm today on the expiry of his six days of ED custody.

     

  • mahua moitra case: Mahua Moitra moves Delhi HC challenging notice to vacate govt bungalow

    Expelled Lok Sabha MP Mahua Moitra approached the Delhi High Court on Thursday challenging a notice by the Directorate of Estates to vacate the government bungalow that was allotted to her but was cancelled following her expulsion. Moitra’s plea against the eviction notice is scheduled to be heard by Justice Girish Kathpalia shortly.

    The notice asking the Trinamool Congress leader to vacate the bungalow immediately was issued to her on Tuesday.

    Moitra, who was expelled from the Lok Sabha on December 8 last year, was earlier asked to vacate the house by January 7 after the allotment was cancelled. She was held guilty of “unethical conduct” and expelled from the House for allegedly accepting gifts and other favours from businessman Darshan Hiranandani in return for asking questions targeting his business rival Gautam Adani.

  • Mere apprehension of victim does not qualify to transfer rape case to female judge: Delhi HC

    By PTI

    NEW DELHI: The Delhi High Court has refused to transfer a rape case lodged by a woman from a male to female judge, saying it will open floodgates where all such cases would be required to be shifted to special courts dealing with POCSO matters or presided over by a woman judicial officer.

    The high court said mere apprehension of the petitioner, which can be subjective, cannot become a ground for the transfer of cases to the Protection of Children from Sexual Offences (POCSO) courts even though the offence does not involve provisions of the POCSO Act.

    Justice Anish Dayal said presiding officers, male or female, are expected to handle such cases in a sensitive manner having due regard to directions passed by the Supreme Court and the high court while dealing with matters involving women or children or sexual offences.

    “In this context, it may be appropriate to remind ourselves of the famous aphorism: ‘Justice must not only be done, but must also be seen to be done’,” the high court said.

    The high court was hearing a case involving allegations of misuse of the complainant’s photographs on a porn site following which the accused was arrested and his laptop seized.

    While the criminal case is pending before a trial court at the stage of arguments on framing of charges, the woman approached the high court contending that the proceedings should be presided over by a female judge and not a male judge while citing certain provisions of the CrPC.

    The high court, after perusing the provisions, said there is no inflexible mandate as regards the trial of matters under Section 376 IPC (rape) to be dealt with by a court presided over by a woman judge.

    Section 26 (a)(iii) proviso of CrPC categorically provides that offences mentioned (including section 376 IPC) shall be tried as far as practicable by a court presided over by a woman.

    The petitioner’s counsel said the trial pursuant to the complaint under sections 376(rape), 354A (sexual harassment), 387 (putting someone in fear of death of grievous hurt to commit extortion) of the IPC and sections 66 E and 67 A of the Information Technology Act may be transferred to a newly created court of the ASJ (POCSO) which is presided over by a lady judge.

    The plea claimed the complainant woman does not feel comfortable while appearing before the court and the presiding officer has been insensitive.

    The high court, however, said, “Be that as it may, mere apprehension of the petitioner (which can be subjective) cannot become a ground for transfer of cases to POCSO courts even though the offence does not involve provisions of POCSO Act.”

    “This would create a precedent which would open floodgates where all cases being tried for offences under section 376 IPC would be required to be transferred to special courts dealing with POCSO and/or presided by a woman judge,” it said.

    The high court said even though this may be ideally desirable in the overall administration of justice, as stated by the Supreme Court, at this stage when no such directions have been passed on the administrative or judicial side for a carte blanche mandate, a transfer may potentially create difficulties in administration of justice, allocation and preservation of jurisdictions.

    Besides, as contended by the prosecutor, the grounds stated by the petitioner do not come within the purview of the conditions for the transfer of the case, it said.

    NEW DELHI: The Delhi High Court has refused to transfer a rape case lodged by a woman from a male to female judge, saying it will open floodgates where all such cases would be required to be shifted to special courts dealing with POCSO matters or presided over by a woman judicial officer.

    The high court said mere apprehension of the petitioner, which can be subjective, cannot become a ground for the transfer of cases to the Protection of Children from Sexual Offences (POCSO) courts even though the offence does not involve provisions of the POCSO Act.

    Justice Anish Dayal said presiding officers, male or female, are expected to handle such cases in a sensitive manner having due regard to directions passed by the Supreme Court and the high court while dealing with matters involving women or children or sexual offences.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “In this context, it may be appropriate to remind ourselves of the famous aphorism: ‘Justice must not only be done, but must also be seen to be done’,” the high court said.

    The high court was hearing a case involving allegations of misuse of the complainant’s photographs on a porn site following which the accused was arrested and his laptop seized.

    While the criminal case is pending before a trial court at the stage of arguments on framing of charges, the woman approached the high court contending that the proceedings should be presided over by a female judge and not a male judge while citing certain provisions of the CrPC.

    The high court, after perusing the provisions, said there is no inflexible mandate as regards the trial of matters under Section 376 IPC (rape) to be dealt with by a court presided over by a woman judge.

    Section 26 (a)(iii) proviso of CrPC categorically provides that offences mentioned (including section 376 IPC) shall be tried as far as practicable by a court presided over by a woman.

    The petitioner’s counsel said the trial pursuant to the complaint under sections 376(rape), 354A (sexual harassment), 387 (putting someone in fear of death of grievous hurt to commit extortion) of the IPC and sections 66 E and 67 A of the Information Technology Act may be transferred to a newly created court of the ASJ (POCSO) which is presided over by a lady judge.

    The plea claimed the complainant woman does not feel comfortable while appearing before the court and the presiding officer has been insensitive.

    The high court, however, said, “Be that as it may, mere apprehension of the petitioner (which can be subjective) cannot become a ground for transfer of cases to POCSO courts even though the offence does not involve provisions of POCSO Act.”

    “This would create a precedent which would open floodgates where all cases being tried for offences under section 376 IPC would be required to be transferred to special courts dealing with POCSO and/or presided by a woman judge,” it said.

    The high court said even though this may be ideally desirable in the overall administration of justice, as stated by the Supreme Court, at this stage when no such directions have been passed on the administrative or judicial side for a carte blanche mandate, a transfer may potentially create difficulties in administration of justice, allocation and preservation of jurisdictions.

    Besides, as contended by the prosecutor, the grounds stated by the petitioner do not come within the purview of the conditions for the transfer of the case, it said.

  • Bengaluru woman approach Delhi HC to stop her friend from going abroad to undergo euthanasia

    By Online Desk

    CHENNAI: A 49-year-old Bengaluru woman approached the Delhi High Court on Wednesday seeking to stop her male friend from travelling to Switzerland to undergo euthanasia.

    According to Bar and Bench, the HC has been informed that the 48-year-old man from Noida was diagnosed with Myalgic Encephalomyelitis/Chronic Fatigue Syndrome – a complex, debilitating, long-term neuro inflammatory disease – in 2014, and since then, his condition has worsened so much so that he is now completely bed-ridden.

    The petitioner has said that the patient was undergoing Fecal Microbiota Transplantation treatment in All India Institute of Medical Sciences (AIIMS) for his condition, but faced “donor availability issues” during the pandemic, due to which he could not continue the same.

    The friend in her writ petition to the high court claims that the 42-year-old patient is allegedly planning to undergo euthanasia through Zurich-based organisation Dignitas, which provides assistance to foreign nationals, The Quint reports.

    The petition, Bar and Bench added,  thus sought a direction to the Union Minister of External Affairs (MEA) to reject emigration clearance to the man since he has made false claims before Indian as well as foreign authorities for getting travel clearance.

    The petitioner also sought a direction to the Union Ministry of Health and Family Welfare (MoHFW) to constitute a medical board to examine the man’s health and provide necessary assistance, considering his peculiar health condition, the report said.

    The petition filed through Advocate Subhash Chandran KR is likely to be heard next week.

    CHENNAI: A 49-year-old Bengaluru woman approached the Delhi High Court on Wednesday seeking to stop her male friend from travelling to Switzerland to undergo euthanasia.

    According to Bar and Bench, the HC has been informed that the 48-year-old man from Noida was diagnosed with Myalgic Encephalomyelitis/Chronic Fatigue Syndrome – a complex, debilitating, long-term neuro inflammatory disease – in 2014, and since then, his condition has worsened so much so that he is now completely bed-ridden.

    The petitioner has said that the patient was undergoing Fecal Microbiota Transplantation treatment in All India Institute of Medical Sciences (AIIMS) for his condition, but faced “donor availability issues” during the pandemic, due to which he could not continue the same.

    The friend in her writ petition to the high court claims that the 42-year-old patient is allegedly planning to undergo euthanasia through Zurich-based organisation Dignitas, which provides assistance to foreign nationals, The Quint reports.

    The petition, Bar and Bench added,  thus sought a direction to the Union Minister of External Affairs (MEA) to reject emigration clearance to the man since he has made false claims before Indian as well as foreign authorities for getting travel clearance.

    The petitioner also sought a direction to the Union Ministry of Health and Family Welfare (MoHFW) to constitute a medical board to examine the man’s health and provide necessary assistance, considering his peculiar health condition, the report said.

    The petition filed through Advocate Subhash Chandran KR is likely to be heard next week.

  • Delhi HC seeks police stand on Alt News co-founder Mohammed Zubair’s plea against police remand

    By PTI

    NEW DELHI: The Delhi High Court on Friday sought the stand of Delhi police on a plea by Alt News co-founder Mohammed Zubair challenging the legality of his police remand in a case related to an alleged objectionable tweet he had posted in 2018 against a Hindu deity.

    Justice Sanjeev Narula issued notice on the petition and granted two weeks to the investigating agency to file its response to the petition which challenges the legality and proprietary of the trial court’s June 28 order granting four days of custody of Zubair to the police.

    The judge listed the case for further hearing on July 27 and said that proceedings before the trial court would continue without being influenced by the present proceedings.

    The court noted that the remand order would expire on July 2 and said, “The police remand order is for four days. I will have to hear the other side. I will issue notice”.

    Zubair was arrested by the Delhi Police on June 27 for allegedly hurting religious sentiments through one of his tweets and was sent to one-day police custody by the trial court on the same day.

    After being produced on the expiry of his one-day custodial interrogation, his custody was extended by another four days by Chief Metropolitan Magistrate Snigdha Sarvaria.

    As per the trial court’s order, Zubair would be next produced before it on July 2 upon the expiry of the four days of police remand.

    Earlier this month, a case against Zubair was registered under sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, language, etc.) and 295A (deliberate and malicious act intended to outrage religious feelings) of the Indian Penal Code (IPC).

    Police said the case was registered on the complaint of a Twitter user who accused him of hurting religious sentiments.

    Police, while seeking an extension of Zubair’s custody by five days, had told the trial court that the accused was allegedly following a trend where he used religious tweets in an effort to get famous and that there was a deliberate effort to create social disharmony and hurt religious feelings.

    The investigating agency had also said that the accused joined the probe but did not cooperate and various material from his phone was deleted.

    Advocate Vrinda Grover, appearing for the accused, had opposed the police plea alleging that the agency had called Zubair for questioning in some other case but he was arrested in the present case in haste.

    Zubair’s counsel had also said that the photo which the accused used in the tweets is of an old Hindi film from 1983 by Hrishikesh Mukherjee, ‘Kissi Se Na Kehna’, and that the film was not banned.

    The trial court had, however, rejected the submission saying it was of no assistance to the accused at this stage.

    “Considering that mobile phone/laptop of accused used by him for posting the tweet in question is to be recovered at the instance of accused Mohammed Zubair from his Bangalore residence and that accused has remained non-cooperative and the disclosure statement on record, four days PC (police custody) remand of accused is granted since accused is to be taken to Bangalore,” the trial court had said in a 3-page order.

  • Merely smuggling gold not terrorist act under UAPA: Delhi High Court

    By PTI

    NEW DELHI: The Delhi High Court has said that mere smuggling of gold without any connection to a threat to the economic security or monetary stability of the country is not a “terrorist act” under the Unlawful Activities (Prevention) Act.

    A bench headed by Justice Mukta Gupta, while granting bail to nine persons arrested for allegedly smuggling over 500 gold bars weighing 83.621 kg from Assam to Delhi, said that even after an amendment to the definition of “terrorist act” under the UAPA, ‘gold’ was not added to Section 15(1)(a)(iiia) which defines the act in the context of a damage to the monetary stability of India by smuggling, etc. of high quality counterfeit Indian currency, coin or of any other material.

    The bench, also comprising Justice Mini Pushkarna, further noted that the possession, use, production, transfer of counterfeit currency or coin was per-se illegal but production, possession, use, etc. of gold was not and even import of gold was not prohibited but restricted subject to prescribed quantity on payment of duty.

    The court directed the accused persons (appellants) to furnish a personal bond and a surety bond in the sum of Rs 1 lakh each and keep their mobile phones active and also share the live locations of the devices with the investigating officers for the next six months.

    “The amendment was made to the definition of “terrorist act” by bringing in facets of terrorist acts by disturbing the economic stability of the country.”

    The said amendment has been made pursuant to the recommendations of the Financial Action Task Force (in short FATF). However, it may be noted that despite the fact that the report specifically deals with gold, the word ‘gold’ have not been added while amending Section 15(1)(a)(iiia) UAP Act, the court said in its order dated June 3.

    “Thus mere smuggling of gold without any connection whatsoever to threatening economic security or monetary stability of India cannot be a terrorist act,” the court stated.

    The court considered that the trial was likely to take some time and some of the appellants have filed petitions challenging the sanction order on the ground that an alleged offence under the Customs Act cannot be brought in the realm of provisions of the UAPA, and said that it “deems it fit to grant bail to the appellants”.

    The court asked the appellants to surrender their passports, not leave the country without prior permission of the trial court and also periodically report to the jurisdictional police station.

    A case was registered by the National Investigation Agency (NIA) in the present matter for alleged commission of criminal conspiracy, furthering terrorist activities and also threatening the economic security and damaging the monetary stability of India under the UAPA.

    The prosecution opposed the bail plea on the ground that a larger conspiracy to commit a terrorist act was committed by the appellants by disturbing the economic stability of this country.

    It was submitted that as per the recommendations of the Financial Action Task Force (FATF), gold was a universally accepted currency which can be traded anonymously and such transactions would be difficult to trace and track and would cause serious damage to the economic security of the country.

  • Sex determination can’t be trivialised, shown routinely, Delhi HC on Jayeshbhai Jordaar trailer 

    By PTI

    NEW DELHI: The Delhi High Court Monday expressed its concern over the scene showing the sex determination of a foetus in the trailer of Ranveer Singh-starrer Jayeshbhai Jordaar’ and told the makers of the film that the illegal practice can’t be trivialised or shown to be done in a routine manner.

    A bench headed by Acting Chief Justice Vipin Sanghi, which was hearing a PIL seeking deletion of the scene from the movie, asked Yash Raj Films to show it the relevant portions of the movie and said that the “overall message” may be good but it cannot be projected that pregnant woman can be taken to any clinic with a sonogram machine to find the sex of the foetus.

    “You take instructions otherwise we will have to stay,” said the bench, also comprising Navin Chawla, after watching the trailer of the film scheduled to be released on May 13.

    “You see there is nothing to show that the lady is taken clandestinely or that this is not legal or actors are aware (in the scene) that it is an offence.

    What is coming out is that any pregnant woman can be taken to a centre with a sonogram machine and this can be done in a routine manner,” said the court.

    “Don’t trivialise it to show that anybody can walk into any clinic and get it done. The dramatization should be that they are aware (that it is illegal) but it is still being done,” it further stated.

    Senior advocate Jayant Mehta, appearing for the filmmakers, said that the “movie is about something illegal” and carries a disclaimer concerning the illegality of the act in question.

    Central government lawyer Anurag Ahluwalia said that the trailer was certified by the CBFC and the filmmakers were asked to “put a disclaimer”.

    The court said that the disclaimer in the trailer was not noticeable on account of its size and it did not “show the circumstances in which the lady is taken” to the clinic.

    “This may give an impression that the family takes that woman to the doctor and you come out. No message that is illegal, no that it is wrong,” it said.

    Lawyer Pawan Prakash Pathak, appearing for petitioner ‘Youth Against Crime’, argued before the court that the movie cannot promote ultrasound technique as a means for sex determination as it is illegal under the law.

    The court said that a scene has to be seen in its context and questioned if the movie was showing the “ill of the society” or advocating the adoption of techniques of sex determination.

    “It is like saying you should not show murder or rape because it is a crime. It is the context…If it is shown in the context that it is illegal how can you say? How would you tell a story otherwise,” it added.

    In its petition, the petitioner has said that the scene in the trailer showing the “use of ultrasound technology in a clinic to determine the sex of the foetus and abortion technique in case of the girl child” is against the law which restricts advertisement of ultrasound technique for sex determination.

    “Section 3, 3A, 3B, 4, 6 & 22 of The Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PC & PNDT Act) squarely restrict the advertisement of ultrasound technique for sex determination and the objective of the act also negates such practises, what is being contested is the only deletion of the clinic scene and promotion of the ultrasound technique” the petition stated.

    The petition said that while the petitioner appreciates the issue of female foeticide being raised and awareness being created among the public but the problem is that the ultrasound scene is shown openly without any censor.

    The matter would be heard next on May 10.

  • Delhi HC strikes down Centre’s memorandum requiring political nod for private foreign visits by judges

    By PTI

    NEW DELHI: The Delhi High Court has struck down a central government office memorandum requiring the judges of the Supreme Court and High Courts to obtain political clearance for private visits abroad, saying that such a condition is “uncalled for” in view of the high offices the judges hold.

    A bench headed by Justice Rajiv Shakdher, while dealing with a challenge to the mandate, noted that when certain guidelines were issued by the central government in 2011 in relation to the foreign visits by judges of the Supreme Court and the High Courts, it had “dispensed with the requirement of obtaining political clearance for private foreign visits” and the same approach ought to have been followed this time as well.

    “In our view, in the instant O.M (Office Memorandum), the same regime ought to have been followed. Therefore, insofar as the instant O.M. dated July 13, 2021, requires judges of the Supreme Court and the High Courts to seek political clearance for private foreign visits, it is uncalled for, given the high offices they are holding, especially given the fact that nothing has changed since the 2011 guidelines were issued,” stated the bench, also comprising Justice Jasmeet Singh, in its order passed on April 1.

    The Centre, represented by Solicitor General Tushar Mehta, defended the OM issued by the Central government through the Ministry of External Affairs and told the court that information concerning judges travelling abroad is required so that in case of any emergency requisite assistance can be extended abroad.

    The high court opined that the stand overlooks the fact that information about judges’ travel plans is known the moment a request is made to the Consular, Passport, and Visa Division of the Ministry of External Affairs for issuance of a “Visa Support Notes Verbale”.

    In any case, if an Indian citizen, which includes a judge, is caught in a crisis, Indian embassies/Missions are duty-bound to extend assistance to the extent possible as and when they receive information of such an occurrence, the court added.

    “Accordingly, the OM dated July 13, 2021, to the extent it requires the judges of the Supreme Court and the High Courts to seek political clearance qua private visits abroad, is struck down,” the high court ordered.

    The petitioner Aman Vachar challenged the condition on the ground that requiring judges of Constitutional Courts i.e., the Supreme Court and the High Courts to seek political clearance qua private visits to foreign countries infringed their right of privacy and also degraded and diminished the high office that they hold.

  • Can’t allow firecracker sale in Delhi even to those who want to use them outside city: HC

    By Express News Service

    NEW DELHI: The Delhi High Court on Monday said that it cannot allow the sale of firecrackers within Delhi even to those who may want to use them outside the national capital, where there may be no prohibition on their use.

    “If someone from an area with excellent air quality comes here in Delhi and you sell it to them, that will be in clear violation of the orders. The ‘sale and use’ means you can’t sell it in Delhi and you can’t use it in Delhi by bringing it from outside,” said Justice Sanjeev Sachdeva.

    The court was hearing a plea by a group of traders who sought permission to sell firecrackers to people outside Delhi who come to the city to buy them. Their licences were suspended by the Petroleum and Explosives Safety Organisation (PESO) on October 21.

    ALSO READ: Eye injuries from firecrackers reported even before Deepavali in Bengaluru

    The plea was dismissed after the firecracker traders through their counsel, Rohini Musa, withdrew their petition stating that since Diwali is only three days away, they should be allowed to withdraw it reserving rights to challenge the validity of the orders later.

    The court observed that the orders passed by the Supreme Court and the National Green Tribunal were “coming in the way” of petitioners, and added that the petitioners may have chosen in the wrong forum. “The counsel should move the Supreme Court seeking clarification in the matter,” the court said. 

    ALSO READ: Forgoing firecrackers for ‘gods’

    Meanwhile, the court also observed that Delhi needs to be very careful considering the surge in the number of Covid-19 cases. “Have you seen the interview of the Director of AIIMS yesterday? He says probably the surge has started now and we have to be very careful. After a gap of 36 days, the cases escalated,” the court added.

    On the question of sale of firecrackers outside Delhi, advocate Kirtiman Singh appearing for the Centre expressed his apprehension that such an order may be misused by traders to sell the firecrackers anywhere in the country.

  • Delhi High Court extends stay on criminal defamation proceedings against Congress MP Shashi Tharoor

    By PTI

    NEW DELHI: The Delhi High Court Thursday extended an interim stay on criminal proceedings against Congress leader Shashi Tharoor in a defamation complaint about his alleged “scorpion on shivling” remarks referring to Prime Minister Narendra Modi.

    Justice Mukta Gupta listed Tharoor’s plea, which has challenged the summons issued against him by the trial court on the complaint filed by BJP leader Rajiv Babbar, for hearing on February 23 and said “interim orders to continue”.

    Lawyer Gaurav Gupta, appearing for Tharoor, said that the pleadings in the case were complete and the case may be listed for final hearing.

    Tharoor has sought setting aside of the trial court’s April 27, 2019 order by which he was summoned as accused in the criminal defamation complaint.

    The plea has also sought quashing of the complaint dated November 2, 2018.

    Last October, the court had issued notice on Tharoor’s plea and sought a response from Babbar while granting an interim stay on the proceedings before a trial court here.

    Senior counsel Vikas Pahwa, appearing for Tharoor, had argued that the trial court’s order was bad in law and against the settled principles of criminal jurisprudence as it completely overlooked the fact that the complaint filed by Babbar was completely false and frivolous.

    The criminal complaint was filed against Tharoor in the trial court by Babbar, who had claimed that his religious sentiments were hurt by the Congress leader’s statement.

    In October 2018, Tharoor had claimed that an unnamed RSS leader had allegedly compared Prime Minister Modi to “a scorpion sitting on a Shivling”.

    He termed it an “extraordinarily striking metaphor”.

    Tharoor was granted bail in the case in June last year by the trial court.

    The complainant had said, “I am a devotee of Lord Shiva…However, the accused (Tharoor) completely disregarded the sentiments of crores of Shiva devotees, (and) made the statement that hurt the sentiments of all Lord Shiva devotees, both in India and outside the country.”

    “The complainant’s religious sentiments were hurt and the accused deliberately did this malicious act, intending to outrage the religious feelings of Lord Shiva devotees by insulting their religious belief,” the complaint had claimed.

    It had also described Tharoor’s statement as “intolerable abuse” and “absolute vilification” of the faith of millions of people.

    The complaint was filed under sections 499 (defamation) and 500 (punishment for defamation) of the Indian Penal Code (IPC).