Supreme Court challenges HC verdict bringing CJI in RTI ambit

Supreme Court challenges HC verdict bringing CJI in RTI ambit

The Supreme Court is believed to have filed an appeal before itself challenging the judgement of the Delhi High Court holding that the office of the Chief Justice of India came under the ambit of the RTI Act. As reported by India today.

Highly placed sources on Saturday said that the appeal against the January 12 verdict has been filed after there was unanimity among the judges of the apex court on challenging the verdict.

Sources said CJI K G Balakrishnan had consultation with other apex court judges on the issue and the grounds taken by it in the appeal are identitical to the stand taken in the High Court that disclosure of information held by the CJI would hamper independence of judiciary.

They said Attorney General would argue the matter on behalf of the apex court registry when it is expected to be listed for hearing shortly.

Sources said the apex court would seek stay of the operation of the High Court direction and would plead for referring it before a larger Bench or to the Constitution Bench.

Manu Sharma questions Bina Ramani's testimony in Jessica murder case

Manu Sharma questions Bina Ramani's testimony in Jessica murder case

Senior advocate Ram Jethmalani on Wednesday continued to defend Manu Sharma in the Jessica Lall murder case by criticising the Delhi High Court (HC) bench for rejecting the report on ballistic expert, Roop Singh, on the ground that only a Photostat copy of it was provided to the court. As Reported by Hindustan Times

Quoting from a trial court's ruling, Jethmalani told the bench of Justice P. Sathasivam and Justice Swatanter Kumar that the lower court had said the 'evidence of Bina Ramani is of no help to present case'.

Socialite Ramani, in whose Tamarind Court Cafe restaurant at Qutub Colonnade in south Delhi Lall was shot dead on the night between April 29 and 30, 1999, had told the court that after hearing the gun shot she had accosted Manu Sharma and asked him to hand over the gun to her and had even chased him as he fled the spot.

Jethmalani said the prosecution had made a case that out of two bullets fired from the .22 pistol, one hit the ceiling and another got embedded in the victim’s brain.

“The Division Bench of the High Court had gone berserk,” he added, stating the HC had termed the two-weapon theory as concoction and even cast aspersions on the trial court judge.

Jethmalani denied there was any manipulation of evidence, as held by the HC. 'And there were no independent witnesses,' he said.

Jethmalani added that Ramani was relied upon as the prosecution’s star witness. However, the account of eye-witness Shayan Munshi who was working as a bar tender along with Lall, was not heeded. Jethmalani claimed Ramani was under police pressure to give statement of a particular type as she was facing an excise case, he said.

The senior advocate said the Delhi Police had threatened Ramani, George Mailhot and their daughter that they would be dragged into a case the Excise department had registered against them.

Delhi HC Approves New Parole Guidelines

Delhi HC Approves New Parole Guidelines

The Delhi High Court on Thursday gave its nod to accept the fresh guidelines framed by the city government on parole for convicts and asked it to implement it within six weeks. Reported by The Hindustan times

The government assured a bench headed by Chief Justice A P Shah that it would no longer sit over parole plea and would decide in a time-bound manner within a month.

According to the guidelines, parole would not be granted to prisoners who had been convicted for murder and rape of minor children, murder after rape, not citizens of India and who had escaped from jail.

The government will grant parole or custody parole to those prisoners only in case of serious illness or critical condition, on account of accident or death of a family member besides the marriage of a family member, the guidelines said.

In December last year, Delhi government had come under fire for granting parole to Jessicca Lall murder case convict Manu Sharma, son of powerful Haryana politician Vinod Sharma, even while appeals by other prisoners for such relief were pending.

Under the new guidelines, those who are a threat to national security, involved in sedition or convicted for rape-cum-murder will not be granted parole.

The previous set of guidelines said if a person is believed to be dangerous for public peace and involved in cases like assault, rioting, mutiny, sedition, cruelty, under the anti-terrorism laws and for possession of explosives or dangerous weapon, committing and so on, he would not be considered for the relief.

Delhi HC allows Smoking in Films - Quashes Ban

The Delhi High Court Friday quashed the central government's notification banning smoking in films on grounds that it violates the fundamental rights of filmmakers.

A single judge bench of Justice Sanjay Kishan Kaul observed that banning smoking in films violated filmmakers' fundamental rights of freedom of expression and speech.

The union ministry of health and family welfare had in May 2005 proposed the ban by notifying the Cigarette and Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules 2005.

In another notification, the ministry said the rules would come into effect from Oct 2, 2005. This had been challenged by Bollywood director and producer Mahesh Bhatt in September 2005.

Delhi HC rejects Sanjiv Nanda's Bail in BMW case

The Delhi High Court on Saturday (October 4) rejected the bail plea of Sanjeev Nanda, the main accused in the BMW hit-and-run case. Sanjeev, grandson of the former naval chief, SM Nanda, was awarded five years’ rigorous imprisonment in the case after nine years of legal battle.

Earlier, the decision was announced by the additional sessions judge Vinod Kumar at the Patiala House Court on September 5. He was convicted by the Court on September 2 for mowing down six persons including three policemen on January 10, 1999, at Lodhi Colony in South Delhi while he was driving in a drunken state.

"It may be true that the appellant was not directly involved in the contempt case but it cannot be lost sight of that all efforts were being made to save the appellant (Nanda) from the rigours of law by adopting devious and murkier methods," Justice Gambhir said and also referred to the recent order of the apex court cancelling the bail of the Ansal brothers in Uphaar fire tragedy case.

The bench said that Nanda's alleged exemplary and commendable behaviour cannot be countenance looking into the serious allegation against him for indulging into winning over the witness and tampering with the process of investigations.

Delhi HC - Daughter in Law cannot claim share in in-laws property

Delhi HC - Daughter in Law cannot claim share in in-laws property

Delhi High Court has held that the old parents whose relations with their son and daughter-in law turn sour have every right to show them the door and the daughter-in law cannot claim any right to stay in their house claiming to be having a legal right to live in the matrimonial home.

Justice S N Dhingra observed yesterday, ''that the matrimonial home may not necessarily mean the house of the parents of the husband. In fact the parents can allow the children to live in the house as long as their relations are cordial and full of love and affection with them. Matrimonial home is not merely a dwelling unit.It is a place used by husband and wife for dwelling,'' Justice Dhingra said. In the present case, an old couple staying in Ashok Vihar filed a suit in the Delhi High Court stating that their daughter-in-law forcibly wants to stay in their house whereas she has her own house in Rohini.

A woman can assert right over spouse’s property, but not on that of her in-laws

Earlier, the supreme court had sought to redress the grievance of several aged in-laws who had been harassed by their daughters-in-law over their property.

“Sympathy or sentiment can be invoked only in favour a person who is entitled to it,” observed the apex court, while quashing several criminal cases filed by a daughter-in-law against her in-laws living in Gujarat.

A bench of justices SB Sinha and VS Sirpurkar also held that “maintenance of a married wife, during subsistence of the marriage, is on the husband. It is a personal obligation. The obligation to maintain a daughter-in-law arises only when the husband has died,” the court added.

“Such an obligation can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the mother-in-law can neither be a subject matter of attachment nor during the life time of the husband, his personal liability to maintain his wife (mother-in-law) can be directed to be enforced against such property’’, Judges had ruled.

HC dismisses plea against RCom and Tata Tele

The Delhi High Court today provided relief to Reliance Communications and Tata Teleservices when it dismissed a petition filed by rival mobile telephone service operators that had sought to block their entry into GSM mobile services, reports the Business Standard

Both Reliance Communications and Tata Teleservices had started out with CDMA services but subsequently wanted to expand into the more popular GSM space.

Over two-thirds of the country’s 30 million mobile phone users are on the GSM platform. The average revenue per GSM user is about 30 per cent higher than that of a CDMA user.

Bharti Airtel, Vodafone-Essar, Idea Cellular, Spice Telecom and their lobby group, the Cellular Operators’ Association of India (COAI), had challenged the government’s decision to allow these two companies to use both CDMA and GSM technology platforms for their services. >> Read complete news

Delhi HC asks IIPM and UGC to settle recognition issue

New Delhi, June 23 The Delhi High Court Monday asked the Indian Institute of Planning and Management (IIPM) and the University Grants Commission (UGC) to amiably settle the dispute arising out of the regulatory panel's decision to put the institute under 'derecognised university' list.

The IIPM moved the court after the UGC, in its website, listed it under the 'dercognised' universities. The IIPM stated that it does not give any degrees and the move by the regulatory commission could be interpreted as it being a 'fake' insititute.

'You consult your respective clients (IIPM and UGC) on this issue and inform the court about possible settlement,' a vacation bench of Justice Rajiv Shakdher said while posting the matter June 27.

IIPM counsel A.s. Chandiok said: 'We just impart financial training and do not give out any degrees. But such a categorisation is not correct and could give out wrong signals.'

Delhi High Court issues notice in Shivani Bhatnagar murder

Delhi High Court Thursday asked Delhi Police to reply to a petition by Pradeep Sharma, one of the four convicted in the murder of journalist Shivani Bhatnagar, challenging the life term awarded to him by a trial court last month.

A division bench of Justices Vikramjit Sen and Rajiv Sahai Endlaw issued notice to police asking them to file their reply by April 28, the next date of hearing.

Pradeep, along with former top cop R.K.Sharma and two others, was held guilty of the murder of Shivani Bhatnagar, an Indian Express scribe, on Jan 23, 1999.

Pradeep Sharma had on Tuesday filed the appeal through his counsel D. B. Goswami stating that the lower court was not clear about the motive of the crime. He held Indian Police Service (IPS) officer R.K.Sharma as the chief conspirator in the case.

Sharma contended that the trial court had ignored the evidence that as per the prosecution, he had left Shivani's house at 3.10 p.m., which was before the incident occurred as stated in the police complaint. The First Information Report stated that the murder took place at 3.50 p.m.

Ansals get bail, sentence suspended by high court

New Delhi, Jan 4 (IANS) The Delhi High Court Friday granted bail to real estate tycoons Sushil and Gopal Ansal and two others in the Uphaar fire tragedy in which 59 people were killed a decade ago.

Justice H.R. Malhotra asked the Ansal brothers as well as Shyam Sunder Sharma, who was with the Municipal Corporation of Delhi (MCD) at the time of the accident, and H.S. Panwar, who was divisional officer with Delhi Fire Service, to furnish a personal bond and a surety of Rs.50,000 each.

A day-to-day hearing of the case will begin from Feb 15.

All the four accused were Nov 23 awarded a two-year jail term for causing death due to their negligent act. On the same day, they were granted bail, which would have lapsed Jan 8.

They had approached the Delhi High Court seeking suspension of their sentence till the disposal of their appeals.

Seven others -- Radha Krishan Sharma, N.S. Chopra, Ajit Chowdhary (Uphaar managers), Manmohan Unniyal (the cinema's gatekeeper), Brij Mohan Satija, A.K. Gera and Bir Singh (Delhi Vidyut Board officials) -- were held guilty for culpable homicide not amounting to murder and were awarded seven years rigorous imprisonment.

As many as 59 people had died while over 100 others were injured in a stampede following a devastating blaze in south Delhi's Uphaar Cinema June 13, 1997.

Supreme Court asks judiciary not to overstep limits

New Delhi, Dec 10 (IANS) The Supreme Court has cautioned the judiciary to refrain from encroaching upon the domains of the legislature and the executive, and said the "unconstitutional" move could lead to political leaders curtailing its powers otherwise.

"If the judiciary does not exercise restraint and overstretches its limit, there is bound to be reaction from politicians and others. The politicians will step in to curtail its power and independence," said a bench of Justices A.K. Mathur and Markandey Katju in a ruling delivered Friday but released Monday.

The bench made the candid observation following a Punjab and Haryana High Court ruling, which had ordered the creation of a regular job for tractor drivers in the state-run Aravali Golf Club in Faridabad.

"The courts cannot direct creation of posts. Creation and sanction of posts is a prerogative of the executive or the legislative authorities and the court cannot arrogate to itself this purely executive or legislative function," said the bench, setting aside the high court ruling.

It added: "Before parting with this case, we would like to make some observations about the limits of the powers of the judiciary.

"We are compelled to make these observations as we are repeatedly coming across cases where judges unjustifiably try to perform the executive or legislative functions. In our opinion, this is clearly unconstitutional," it said.

"In the name of judicial activism, judges cannot cross their limits and try to take over functions which belong to another organ of the state.

"Judges must know their limits and must not try to run the government. They must have modesty and humility and not behave like emperors," said the bench.

"The justification often given for judicial encroachment in the domain of the executive or legislature is that the two organs are not doing their jobs properly.

"Even assuming this is so, the same allegations can then be made against the judiciary too because there are cases pending in courts for half a century," the bench added.

Asserting that the judiciary encroaching upon the domain of the executive or the legislature is not a remedy for their non-functioning, the bench said, "If the legislature or the executive are not functioning properly, it is for the people to correct the defects by exercising their franchise properly in the next elections and voting for right candidates or by other lawful methods, for example, peaceful demonstration.

"The remedy is not in the judiciary taking over the legislative or executive functions because that will violate the delicate balance of power enshrined in the constitution. Also, the judiciary has neither the expertise nor the resources to perform these functions," the bench added.

It questioned a host of recent decisions by the Delhi High court in its single 22-page judgement.

Citing the example of the ruling on the school admission process, it said, "The Delhi High Court directed that there can be no interview of children for admissions in nursery schools, while there is no statute which prohibits such interviews.

"But the Delhi High Court, going beyond its jurisdiction, created law by its judicial order and then sought its enforcement. It's clearly illegal," the court said.

"Recently the courts have apparently, if not clearly, strayed into the executive domains or in matters of policy. For instance, the orders passed by the Delhi High Court in recent times dealt with subjects ranging from age and other criteria for nursery admissions, unauthorised schools, criteria for free seats in schools, supply of drinking water in schools, number of free beds in hospitals on public land, use and misuse of ambulances, the kind of air Delhiites breathe."

"In our opinion, they were matters pertaining exclusively to the executive or legislative domains and not the judiciary," said the bench.

Lawyers to protest against sentencing

New Delhi - A day after 19 lawyers were sentenced to six months' rigorous imprisonment by a city court for flouting a high court directive, the Delhi Bar Association said on Saturday it would boycott the court of the judge who pronounced the judgement.

The Delhi Bar Association has asked the lawyers fraternity to boycott the court of Metropolitan Magistrate Sandeep Yadav at Tis Hazari.

"We have decided to protest on Monday by wearing red badges, but we will work so that ordinary people don't suffer because of us," said R.N. Vats, secretary, Delhi Bar Association.

He said they would make a representation before a Delhi High Court committee in order to sort out the matter.

On Friday, Yadav held the lawyers guilty of flouting a high court order in 2005 not to go on strike and sentenced them to a maximum punishment of six months. However, all got bail soon after the verdict.

On Feb 11, 2005, the lawyers had walked down from the court to the Civil Lines to protest shifting of some lawyers and courts from the Tis Hazari court complex to the new Rohini complex.

The Delhi High Court had booked the lawyers under section 144 of the Indian Penal Code (joining unlawful assembly). The 19 lawyers were in police custody for six days before being released on bail.

Delhi HC asks for high-rise fire safety report

New Delhi, Nov 30 The Delhi High Court Friday asked the Municipal Corporation of Delhi (MCD) to file a status report within six weeks on the lack of fire safety measures in over 600 high-rise buildings in the capital.

A division bench of Justice T.S. Thakur and Justice Veena Birbal after considering a report of the Delhi Fire Service (DFS) that revealed 688 commercial building in the capital lacked minimum fire safety measures, passed the directions for the civic agency.

According to the report, 2,337 commercial complexes in the city were either ill-equipped or lacked fire-fighting measures.

Of these, 688 building owners were said to have asserted that they were under no obligation to install fire-fighting equipments on their premises as the height of their buildings did not exceed 15 meters.

The fire department said, with a view to resolve the dispute, it has now asked the MCD to ascertain the height of these buildings.

On being informed that the response from the MCD was awaited, the court said, "Why do you seek help from the MCD, as you can do this exercise on your own".

Counsel for the DFS then said the various sanctions regarding the constructions were granted by the MCD and hence only the civic agency was empowered to carry out the exercise. This prompted the court to issue directions to the MCD in this regard.

Around 450 building owners had decreased the height of their building below 15 meters, the fire department said.

Delhi government issued notice on phasing of old vehicles

New Delhi, Nov 30 The Delhi High Court Friday issued notice to the Delhi government on a public suit seeking phasing out of commercial vehicles more than 15 years old from the capital's roads in compliance with the Supreme Court orders.

A division bench headed by Chief Justice M.K. Sarma fixed Dec 5 for hearing arguments after the petitioner submitted additional documents and government policy.

The petition filed by advocate Sugriv Dubey said the directorate of transport, flouting the Supreme Court directives of 1998, has issued a circular to allow 15-year-old commercial vehicles to ply on the roads as Radio Taxis provided they were fitted with gas (CNG) kits.

The Supreme Court had directed phasing out such commercial vehicles by December 2000. But due to inefficiency of the authorities many vehicles were still plying, said the petition.

"The engines are not efficient, the body and doors are making noise leading to noise pollution in the city," the petition said.

Despite the permissible limit of noise being at 0.45 decibel, the city noise level was 12 to 14 decibel. These vehicles were the main culprits of noise pollution in the city, said Dubey in his petition.

He pleaded that direction should be given to the government for issuance of licenses only to new vehicles. - IANS

Delhi High Court to decide on trying Karunanidhi

New Delhi, Nov 22 The Delhi High Court Thursday called for documents from a trial court that had dismissed a petition seeking action against Tamil Nadu Chief Minister M. Karunanidhi for his controversial remarks on Hindu god Ram. Justice B.B. Gupta directed the lower court to submit the documents by Dec 11 to decide whether or not a case was made out. Advocate and petitioner Monika Arora challenged the decision of the district court before the high court saying that the trial court judge had erred in appreciating the evidence produced in the petition. The petition said Karunanidhi had hurt the sentiments of millions of Hindus by making derogatory statements against lord Ram and he should be punished in accordance with law. "He also described lord Ram as a mere myth having no roof of his existence," said the petition. During the height of the controversy earlier this year on the construction of the Sethusamudram shipping canal, the DMK chief had ridiculed some Hindu groups for opposing the project and also made controversial remarks against lord Ram in a public statement at Chennai on Sep 21.

Delhi Metro gets high court notice

ew Delhi, Nov 19 (IANS) The Delhi High Court Monday asked the government and the Delhi Metro Rail Corporation (DMRC) to file their replies to a petition of south Delhi residents who have objected to plans to construct an elevated rail track in the area.

A division bench headed by Justice Mukul Mudgal asked the authorities to state the reasons for constructing the elevated track, whereas the practice in the world has been to construct the metro underground.

Residents of several south Delhi colonies petitioned the high court seeking a direction to the DMRC to take the underground route for its proposed corridor between Jangpura and Badarpur.

The Residents' Welfare Associations (RWAs) of Greater Kailash, Defence Colony, Lajpat Nagar, Kailash Colony and other localities through which the corridor would pass are concerned that an elevated corridor would adversely impact their neighbourhood, while residents from Jangpura to Kalkaji said the elevated track would threaten the green cover in their areas, besides adding to the noise pollution.

The high court has also asked the DMRC to make a survey for construction of four subways near the historic India Gate, as the New Delhi Municipal Council (NDMC) has refused to construct them on the plea these would pose a security threat in the VIP area.

The Delhi Urban Art Commission (DUAC) in an application said that four subways were planned in 1993 but they could not be constructed, as the government did not accord clearance.

Delhi HC bans strikes in government hospitals

New Delhi, Nov 14 (IANS) Terming strikes by doctors as illegal and against the public interest, the Delhi High Court Wednesday issued directives to both the central and Delhi governments to take action against medicos striking work.

A division bench headed by Chief Justice M.K. Sarma said that going by earlier orders, strikes by doctors in both the central and state government hospitals in the capital were illegal.

The Delhi High Court on Wednesday banned strikes in all government hospitals in the national capital, saying that they were against the interest of the public.

They felt that such an order would stop the health professionals from going on strike unmindful of the needs of poor patients using public hospitals.

Advocate Sugriv Dubey had filed a public interest litigation (PIL) asking authorities to ban strikes in hospitals.

Doctors of many government hospitals had resorted to strikes and inconvenienced patients in past few months, the petition said.

The junior doctors of the Safdarjung Hospital had struck work last month and also early this month to protest the "misbehaviour" of a patient's relatives with one of the physicians.

There had also been reports of emergency services being halted in a strike by doctors at the Lok Nayak Jai Prakash (LNJP) hospital after incensed relatives of a patient allegedly manhandled some doctors.

The resident doctors of the premier All India Institute of medical Science (AIIMS) had struck work over the delay in the signing of their degrees, which were distributed later.

Supreme Court chides judge ordered back to law school

New Delhi, Oct 26 (IANS) Additional Sessions Judge Rakesh Tewary, who was ordered early this month to go back to law school to learn the basics, was Friday chided by the Supreme Court for approaching it against the high court order.

A bench of Chief Justice K.G. Balakrishnan castigated ASJ Tewary for "showing his magistracy" for which he was ordered Oct 5 by Justice V.B. Gupta of the high court to undergo a refresher course at the Delhi Judicial Academy for at least three months to learn the basics of criminal law.

"That's a strange way to show your magistracy," Chief Justice Balakrishnan said, castigating counsel for Tewary as he pleaded to the court to expunge the high court's remarks against his client and stall its order.

Even Justice V.S. Sirpurkar, the other judge on the bench, voiced his ire over Tewary for declaring a person, allegedly involved in power theft in the capital, as a proclaimed offender, remarking, "It's atrocious."

"Don't you know that declaring a person a proclaimed offender has serious civil consequences," remarked the bench, which also included Justice R.V. Raveendran.

The bench, however, in a temporary reprieve to Tewary, stayed the high court's order for a fortnight and asked him to go back to the high court for getting its remarks against him expunged.

While ordering Tewary back to law school, Justice Gupta had in his order said, "Since ASJ Tewari does not have even elementary knowledge of the Criminal Procedure Code, it would be appropriate if he undergoes a refresher course at the Delhi Judicial Academy for the law at the earliest for three months."

Irked over a wrong judgement given by Tewary, Justice Gupta had said, "It also seemed he did not know that the subordinate courts are constitutionally bound by the decisions of the high courts."

Tewary had earned the high court's wrath while dealing with the case of one Rohit Kumar, who was accused of power pilferage and had been declared a proclaimed offender by the lower court even as he was trying for bail to evade arrest under the orders of the trial court.

Declaring a person proclaimed offender leads to seizure and attachment of his moveable and non-moveable properties. A person is declared a proclaimed offender only after repeated attempts to arrest him fail.

In his petition to the Supreme Court, Tewary pleaded that the high court's order would do immense harm to his professional career and reputation. He pointed out that before his selection as additional sessions judge, he had worked for 13 years as a public prosecutor and used to teach at the Delhi Judicial Academy, the institution where he has been ordered to undergo a refresher course.

Tewary also contended that even it be assumed that the order passed by him was wrong, it did not imply that he had no elementary knowledge of law and needed to be sent back to law school.

"Day in and day out, judgements of the lower courts are reversed by the high courts and judgements of high courts reversed by the Supreme Court," said Tewary in his petition.

"But this does not imply that the judges, whose judgements are reversed, have no elementary knowledge of the law and need to be sent to the law school," he contended.

Remove illegal constructions in politicians' bungalows: Delhi High Court

New Delhi, Oct 10 (IANS) The Delhi High Court Wednesday directed the Centre to remove illegal constructions in the bungalows allotted to bureaucrats and politicians, including 55 MPs, in Lutyen's Delhi.

In a report submitted to a division bench headed by Chief Justice M.K. Sharma, the Central Public Works Department (CPWD) said illegal constructions were carried out in the bungalows of many politicians, including Bharatiya Janata Party (BJP) leader L.K. Advani, former Congress leader Natwar Singh, and Samajwadi Party's Amar Singh.

Despite repeated notices, the leaders have not demolished the unauthorised portions, the government lawyer said. The court pulled up the government for showing leniency towards politicians and bureaucrats while it had pulled down several private houses and buildings.

"It is good that unauthorised constructions in private houses are demolished, the authorities should show the same intention in the case of these official bungalows occupied by political leaders," the court observed.

The court has been issuing instructions to authorities in the urban development ministry for the past three years for removing illegal constructions.

"Either you (the Centre) do it yourself or we will see to it that the law is enforced," the chief justice had earlier said. "You may be a member of parliament or a minister but you cannot break the law. Even I can't do it," he had said.

Amicus Curiae Rekha Pallai pointed out that of 514 bungalows surveyed by CPWD, 231 were found to have illegal additions/alterations. There are still 55 houses where unauthorised constructions have not been removed.

Taking suo motu cognisance of news reports on illegal constructions in the Lutyens' Zone, the court had in September 2006 issued notices to CPWD over the matter.

Delhi HC demands Blueline phase-out plan in four weeks

New Delhi, Oct 8 (IANS) The Delhi High Court Monday took strong exception to the killing of innocent people by Blueline buses and asked the state government to prepare a detailed phase-out plan for the fleet that has claimed 94 lives this year, including seven on Sunday.

"Earlier, the court had given the government time till Dec 15 but after the Sunday accident, it has directed (the government) to submit a detailed phase-out plan for privately-owned Blueline Buses within four weeks from today," said Anup Bhambani, amicus curiae appointed by the court.

"The court, however, has given clear instructions that the phase-out should not affect the commuters. For every cancellation of Blueline bus permits, there should be a replacement," Bhambani told reporters.

The court has also asked the state government to furnish details of Blueline buses being owned and operated by city legislators and parliamentarians.

"Earlier it had asked the government to furnish details of such buses owned by police officials," he said, adding that instead of just punishing the errant drivers, their owners should also feel the heat.

"Just cancelling the licences of drivers will not be enough. The bus involved in fatal accidents should be impounded and sent to the workshop. And buses should not be released without a court order," he said.

Summoning the government and private operators for an urgent hearing on the issue, a bench of justices Mukul Mudgal and Reva Khetrapal termed the growing incidents of fatal accidents as "shocking".

"It's becoming shocking day by day and cannot get worse than this," the bench said in reference to the accidents by privately owned Blueline buses.

The court has fixed the next hearing of the case on Oct 11.

Seven people - five women, a four-year-old child and a man - were killed and eight injured when a recklessly driven Blueline bus ran over them in south Delhi's Badarpur area while trying to overtake a stationary bus from the wrong side.

Since January this year, Blueline buses have snuffed out 94 lives and injured over 160 others.

The capital has over 4,000 Blueline buses, which form a crucial part of the city's public transport system.

SC refuses to stay order on investment firm

New Delhi, Oct 5 (IANS) The Supreme Court Friday refused to suspend a Delhi High Court order halting criminal proceedings against finance and investment firm CRB Capital Markets for allegedly duping 135,000 small investors and many financial institutions of Rs.12 billion in the 1990s.

A bench of Justice Ashok Bhan dismissed a Central Bureau of Investigation (CBI) plea to reserve the high court ruling on the grounds that the agency had delayed in filing the appeal against the ruling.

The CBI, which had launched a probe into allegations against the firm, contended before the apex court that the Delhi High Court had no jurisdiction to annul the charge sheet filed under the Prevention of Corruption Act, 1988, before the Mumbai special judge.

The agency contended that the high court had not only stayed the criminal proceedings, but had also approved the revival scheme of CRB Capital Markets in January this year.

The CBI had registered a slew of cases against CRB chairman Chain Roop Bhansali, State Bank of India officials and others for duping the Bank of Baroda of Rs.34.3 million and State Bank of India of Rs.570 million in 1997.

Delhi High Court orders sessions judge back to law school

New Delhi, Oct 5 (IANS) Irked over a wrong judgement given by a sessions judge, the Delhi High Court Friday directed him to undergo training for three months at the Delhi Judicial Academy to gain basic knowledge of law and its procedures.

The judge had ordered the arrest of a person whose tenant had been charged with theft of power.

Justice V.B. Gupta of the Delhi High Court said: "Since Mr. R.K. Tewari, Additional Session Judge, does not have even elementary knowledge of the Code of Criminal Procedure (CrPC), under these circumstances, it would be appropriate if he undergoes a refresher course at the Delhi Judicial Academy in criminal law and procedure for three months.

"Director, Delhi Judicial Academy, should submit to this court the performance report with regard to this judicial officer," said Justice Gupta's order, which will be given to all subordinate court judges for reference.

Justice Gupta said: "The observations made by the subordinate judge in his order dated Sep 19, 2007, are per se disobedience of the order passed by the high court and amounts to contempt of court."

He said that despite the restraint and pendency of bail on accused Rohit Kumar before the high court, the trial court issued a warrant of arrest under section 82 of the CrPC (meant for absconders) and got him arrested.

"There must be a report before the magistrate that the person against whom he had issued a warrant had absconded or had been concealing himself so that such warrant can be issued. An attachment warrant can be issued only after the issuance of proclamation under Section 82 of the CrPC," the court said.

According to the petition, Rohit Kumar has a house and had rented it out to one Dubey. As the house did not have power connection Dubey was illegally using power through a cable connected to the electric pole.

He was caught and booked for theft of power. However, when the case came up before the court headed by R.K. Tewari, the private power supplier pleaded for proceeding against Rohit Kumar as he was the owner of the house.

He was arrested though he should not have been proceeded against under the Sections 82 and 83 of the CrPC which is for absconders, said Advocate Tanvir Ahmed Mir, appearing for Rohit.

Rohit had challenged in the high court the Sep 19 order of the trial court, and had applied for bail. But despite it the trial ordered his arrest.

Delhi HC rejects plea to make National anthem singing compulsory

New Delhi, Oct 3 (IANS) The Delhi High Court Wednesday dismissed a public suit that sought a direction to the government that singing of the national anthem in all public offices in morning be made compulsory to imbibe patriotism among government employees.

A bench headed by Justice T.S. Thakur rejected the plea of D.K. Singh, an advocate, and said the court did not have the authority to give such a direction to the government.

The petition said that in order to imbibe communal harmony, the government should make it compulsory for its employees to sing the national anthem at the beginning of the office hours every day.

Delhi HC allows ICL to file fresh petition against BCCI

New Delhi, Sep 28 (IANS) Delhi High Court Friday allowed the Indian Cricket League (ICL) to withdraw its petition alleging that the Board of Control for Cricket in India (BCCI) was intimidating players who joined the rebel league. The BCCI had questioned the legal validity of such complaints.

BCCI counsel Ashok Desai and Abhishek Singvi submitted that the ICL did not have any valid reasons to file such a complaint without citing the law on the basis of which it was filed.

The ICL counsel then sought the court's permission to withdraw its petition and file a fresh one stating the specific amendments by Oct 22.

In its petition, ICL had submitted that Indian Oil Corporation (IOC) and Air India had threatened employees that their services would be terminated if they joined ICL.

The petition filed in August by Essel Sports Pvt Ltd, the promoter of ICL, sought that BCCI be directed not to intimidate players who join ICL.

In an interim order, Justice S.K. Kaul had ruled that, "the Public Sector Corporation governed by various ministries will not terminate services or take any punitive action by the reason of its employees (registered with the BCCI) seeking to affiliate themselves to Indian Cricket League".

Desai argued that the ICL petition that levelled allegations against BCCI should be dismissed. Singvi said that no player had ever been intimidated by the BCCI nor were there any allegations of coercion from anybody till date.

The court had asked the government to clarify the situation about the Indian cricket team and the role of BCCI in controlling the game in the country.

ICL had submitted that the team representing the BCCI was not the India team and that BCCI could not intimidate players for joining another group. ICL had also asked for directions to ensure that BCCI would not prevent the rebel league from using stadiums across the country for ICL matches.

"The BCCI had earlier submitted before the Supreme Court that it was a private body and the players were also playing for the board, so the team should not use the name of India and its flag during matches in India and abroad," the ICL petition contended.

The league also accused the cricket board of threatening and intimidating it as well as other state organisations.

Delhi HC wants guidelines on sting operations

New Delhi, Sep 12 (IANS) Asking the government to formulate policies to restrain TV channels from carrying out vindictive sting operations in the aftermath of the framing of a schoolteacher here, the Delhi High Court Wednesday wanted to know the fate of the Broadcast Bill to regulate the channels.

The court asked, "There have been discussions regarding the bill. The (information and broadcasting) minister has said that the government is bringing the bill. What has come out of it so far?"

A division bench headed by Chief Justice M.K. Sarma directed the information and broadcasting ministry to file its reply by Monday.

The court made a reference to the recent "sting operation" carried out by a private TV news channel purportedly showing government schoolteacher Uma Khurana as running a prostitution racket, though soon the police found it was a fake report.

The court said, "If the sting is concocted, it is your responsibility to take action. Some kind of restriction has to be there. It is not about an individual case but about broader policy."

The direction came in response to a public interest litigation (PIL) filed by social worker Rahul Verma that cited the case of Khurana.

The telecast of the 'sting operation' by Live India last month triggered mob violence in and around the school in central Delhi where Khurana taught mathematics. She was soon arrested and sacked from the job. However, Khurana was released on bail Monday as no evidence was found against her.

With the broadcasters opposing the ministry's proposal in the bill to regulate news and current affairs content, the controversial Broadcast Bill, which was to be tabled in the monsoon session of parliament, has been shelved for the time being.

As the monsoon session of parliament came to an end this week, there is no chance of the Broadcast Bill becoming a law soon.

Delhi HC rejects Escorts plea against eviction notice

New Delhi, Sep 4 (IANS) The Delhi High Court has rejected the Escorts hospital's plea against the eviction notice it had been served for not providing treatment to the poor as part of the agreement for lease of public land.

While dismissing the application of the Escorts Heart Institute and Research Centre (EHIRC), a division bench headed by Chief Justice M.K. Sarma Monday said Delhi Development Authority (DDA), the land allotting authority, was justified in issuing the eviction notice as the hospital management was not adhering to the clauses in the agreement.

DDA's estate officer had issued a show-cause notice to the hospital for eviction, saying it had violated the terms and conditions of the lease deed that specified 20 percent free treatment for the poor.

In its application, the hospital contended that instead of conducting proceedings under the Public Premises Act ('eviction and unauthorised occupants'), the DDA should have filed a civil suit for taking back the possession of the land.

Counsel Sanjeev Puri appearing for the Escorts, now run by Fortis Healthcare Ltd promoted by the Ranbaxy group, argued that the land was never given on lease by DDA to the hospital and the estate officer had no right to issue the eviction notice.

DDA's counsel Ajay Verma argued that Fortis, a commercial hospital chain, had purchased EHIRC last year and the group was not entitled to avail of the government land, which was allotted at a concessionary rate.

On Oct 6, 2005, the DDA had asked EHIRC to evict from the 6.9-acre land as hospital authorities allegedly were not providing free beds to a required number of poor patients and transferred the hospital to Fortis for Rs.6.50 billion.

The land was allotted at a concessional rate to the Escorts Group led by late H.P. Nanda for establishing a charitable hospital and the hospital authorities were not supposed to transfer the ownership of the land to a third party.

EHIRC was established as a society in 1981 under the Societies Registration Act, 1860.

Between April 8, 1982 and June 14, 1996, DDA under the urban development ministry had allotted the land to EHIRC for setting up the multi-speciality high-tech hospital.

However, Escorts chief Rajan Nanda established another stock company at Chandigarh and amalgamated EHIRC with it on April 1, 2000. The amalgamated society was registered as a limited company on June 30, 2000 before it was sold to Fortis.

The main petition is pending adjudication before a single bench in the Delhi High Court.

The court had directed Nanda to maintain status quo and not to transfer its ownership till the matter was decided.

"There is prima facie evidence that some alleged violation has been perpetuated in the deal," the judge had earlier said in an order.

Nanda's estranged brother Anil Nanda in a petition alleged that the hospital was being sold violating all rules and regulations as it was established as a charitable institute.

"Late H.P. Nanda, the founder of Escorts Group of Companies, had conceived the idea of setting up a charitable institute of world fame to help the weaker sections of society and to create a medical infrastructure for the citizens of India. It is with this vision that EHIRC-Delhi was formed as a charitable society," said the petition.

Delhi High Court dismisses suit on nuke deal

New Delhi, Aug 30 (IANS) The Delhi High Court Thursday dismissed a pubic suit urging that the government be asked to approach the president for referring the India-US civilian nuclear deal to the Supreme Court for its opinion.

"As of today there is no legislation with regard to the deal, so it is purely a policy decision of the government of India and the court could not interfere in the matter," a division bench headed by Chief Justice M.K. Sharma said, while dismissing the suit.

"We are of the considered opinion that a mandamus cannot be issued directing the union government to approach the president to refer the issue to the Supreme Court for its legal advice," the court observed.

Referring to a previous Supreme Court ruling, the Bench said: "It is a matter essentially for the president to decide whether to refer the issue or not to Supreme Court for its opinion."

On Wednesday, while seeking the opinion of the government, the court had said: "Though the matter is important, we think this is at a premature stage. No issue is arising as the agreement is yet to be arrived at by the government.

"However at this stage, we think there are certain things which are not clear and before passing any order, the centre has to make them clear to us," the court had added.

While appointing senior counsel Jagmohan Sabharwal to assist it, the court had also asked the additional solicitor general to state the government's opinion on Thursday.

The government submitted that the court could not direct the executive or the president to refer the matter to the apex court for its legal opinion.

The suit, filed by social worker Sarvjeet Kumar, said the nuclear deal was a legal matter and affected the country's sovereignty and thus should be scrutinised by the Supreme Court.

In the light of various political parties "misinterpreting" the issue, the matter should be referred to the apex court for its opinion, the petition, filed by counsel Sugriv Dubey, said.

"AIIMS doctors call off strike after court intervention

New Delhi, Aug 30 (IANS) Striking medics of the All India Institute of Medical Sciences (AIIMS) called off their strike Thursday afternoon after the Delhi High Court asked them to do so in view of the suffering of patients.

The doctors said the high court had taken suo moto cognisance of their strike and the suffering of the thousands of patients who throng the hospital every day.

"Respecting the judiciary we have called off our strike. We hope the court will listen to our grievance as well," Nitin Kukkar, a protesting doctor, told IANS.

Since Tuesday evening, hundreds of resident doctors were protesting because they had not received their postgraduate degrees. The strike had affected services at the out patients department (OPD) of the premier hospital, which is visited by around 6,000 people every day.

On Wednesday, the resident doctors had boycotted the OPD although they attended the ICUs and emergency wards.

The resident doctors were protesting because they had not got their degrees even two years after clearing the exams, making it difficult for them to apply for jobs elsewhere or for further studies.

The protesting medicos allege that Health Minister Anbumani Ramadoss has not signed the degree certificates though the other three signatories - director, registrar and dean - had signed them.

Ramadoss had urged the protesting medicos to call off their strike and assured them that he would sign their degree certificates soon, but the junior doctors had earlier refused to relent.

AIIMS is India's top government hospital and medical college that treats over 8,000 patients every day. - IANS

Delhi High Court asks BCCI not take action against ICL players

New Delhi, Aug 27 (IANS) The Delhi High Court Monday asked Indian cricket board not to take any coercive action against the cricketers aligning with the rival Indian Cricket League (ICL).

"Let the cricketers play. Don't take any action against them," Justice S.K. Koul said after hearing the ICL petition on the issue.

The court asked the Board for Control of Cricket in India (BCCI), union government and 22 state cricket associations to file their reply to the petition and fixed Sep 28 as the next date of hearing.

The court also asked the government to clarify the situation on the Indian cricket team and the role of BCCI in controlling the game in the country.

Senior Counsel Harish Salve appearing for the ICL submitted that the team representing the BCCI was not the India team.

BCCI counsel Abhishek Sanghvi said the board would file its reply within three weeks.

Delhi HC notice to Ajmer shrine administrator

New Delhi, Aug 16 (IANS) The Delhi High Court Thursday directed the administrator of the shrine of Hazrat Khwaja Moinuddin Chishti at Ajmer to appear before it Sep 26 to reply to charges of corruption and mismanagement levelled by an official committee.

A division bench headed by Justice T.S. Thakur asked the administrator, a government official from the ministry of minority affairs, to come to the court with all documents to reply to the charges made by a committee instituted by the government a few months ago.

During the hearing of a public suit filed by NGO Hum Aap Ke, the court observed, "The report alleged large-scale corruption by the committee and the administrator needs to explain this."

After the ministry of minority affairs received a large number of complaints about irregularities in the management at the shrine and the NGO filed the suit, a seven-member committee conducted an inquiry, examined documents and held hearings in Ajmer in February.

Headed by Ghayur-e-Alam and with Firoz Bakht Ahmed as its convenor, the committee noted in its report: "The very first impression is that of dingy lanes, haphazard shops, beggars and unhygienic conditions."

But the investigation brought to light more sordid aspects of the shrine management with money being spent without maintaining proper records, misuse of facilities, encroachment of the premises by unauthorised people and even sale of liquor in its vicinity.

Medical Negligence - Delhi HC sends summons

New Delhi, Aug 8 (IANS) The Delhi High Court Wednesday summoned Delhi's principal health secretary and the medical superintendent of the government-run Guru Tegh Bahadur (GTB) Hospital to explain why its order on improving patient care was not implemented.

A division bench headed by Chief Justice M.K. Sarma asked the top officials to appear in person before it on the next date of hearing Sep 10 as the authorities had failed to execute the order to improve the condition of the hospital and provide better treatment to the patients.

The court-appointed commissioners - Rajiv Bansal and Varun Goswami - complained to the court that the authorities were not cooperating with them when they visited the hospital for inspection.

Despite repeated requests, the hospital authorities did not provide them with identity cards for facilitating their visit to wards and theatres, they said.

Advocate Varun Goswami had filed a public interest litigation (PIL) seeking direction to the hospital for improving its condition as more than 500 newborn babies had died in the 'out-born nursery' there due to the lack of proper facilities for treatment few years back.

The petitioner alleged that newborn babies were treated in a "grossly neglected and unattended" manner in the nursery as it did not have proper and separate staff and the equipment installed there were obsolete.

Referring to the sole ventilator used for treatment of newborn babies, the petitioner said that it was procured more than two decades ago in 1987 and at present it did not display vital signs like the heart beat rate or pulmonary functions.

Most of the time, it showed error and was dysfunctional, Goswami stated.

Quoting some doctors of the hospital, he alleged that babies admitted to the nursery seldom survived when put on the ventilator, and about 500 babies had so far died due to the faulty medical equipment.

The hospital authorities had spent huge amounts of money on irrelevant activities but had not bothered to procure new ventilators, he alleged.

Also, the hospital had only two phototherapy machines to treat neonatal jaundice and sometimes as many as three babies were placed together in each machine exposing them to an increased and fatal risk of infection, the petitioner said.

Medical Negligence - Delhi HC orders judicial probe

New Delhi, Aug 3 (IANS) The Delhi High Court Friday ordered a judicial probe into the alleged medical negligence by doctors at a government-owned hospital which led to the amputation of a one-year-old child's limb earlier this year.

A division bench of Justices T.S. Thakur and S.N. Agrawal ordered the additional chief metropolitan magistrate (ACMM) of New Delhi to conduct the probe and file a report in three months.

"We direct the ACMM of New Delhi to conduct a fact-finding inquiry into the alleged medical negligence and submit a report to the court. The medical superintendent of the hospital has been directed to pay Rs.10,000 to the family of Jai, the child, as an interim measure."

In January, Jai was admitted to Safdarjung Hospital with a fractured leg. His leg was plastered below the waist, but the skin festered under the cast and his foot started to detach from the ankle, forcing doctors to perform an amputation March 5.

According to a preliminary report submitted to the court, the plaster cast was so tight that it pressed on a sensitive nerve and disrupted blood supply.

Pushpa, Jai's mother, said: "On Jan 21, we noticed boils showing through his (Jai's) plaster and immediately rushed him to the hospital."

When the plaster was cut open, the child's leg was covered with boils, and the skin had turned red and was peeling off, she added.

Jai's father Ram Babu, a tailor, added: "I went to all the senior doctors, but they refused to meet us. I went to the medical superintendent's office, but I was told he would not meet me. A senior official asked me to slug it out in the court if I had the money."

On Feb 21, to the horror of his parents, Jai's right foot began to detach from the ankle.

"I was horrified. I cried and pleaded with the doctors to save my only son," said Pushpa.

Jai's leg was then amputated below the ankle, leaving him crippled for the rest of his life.

However, the doctors said it is a common thing in orthopaedic cases.

"It happens. It is a common thing in orthopaedic cases. Every card issued to the patients bears a note saying that if they notice a boil or any sign of blood blockage, they should inform us," the doctors allegedly told the parents.

Metronow, a city-based tabloid, reported a doctor as saying, "Jai suffered because his parents did not inform us in time."

Refuting the allegations, Ram Babu told the tabloid that as soon as he saw a boil peeping out of the plaster, he rushed his son to the hospital Jan 21, but the doctors did not take proper care of him.

The tailor, who earns a meagre Rs.2,000 per month, has already shelled out more than Rs.40,000 on his son's treatment. Despite lodging a complaint against the doctors concerned, he said the police were yet to take any action.

Delhi private schools oppose 'virtual admission quota'

New Delhi, Aug 2 (IANS) A group of private schools in the capital told the Delhi High Court Thursday that they will not implement a committee recommendation to grant an additional five points to scheduled caste and scheduled tribe students during admission in nursery classes.

Submitting their objections to the Ashok Ganguly Committee report, the schools said it was an indirect way of introducing reservation for socially backward communities in private institutions.

They also objected to several other suggestions saying that they would not be implemented in the schools while admitting students.

A division bench headed by Chief Justice M.K. Sarma directed the Delhi government to act upon the suggestions of the private schools and file a reply with in four weeks.

The Ganguly Committee was appointed by the court to look into the admissions procedure to nursery classes in public schools and submitted its second report on July 13.

"The committee carefully examined all the views and suggestions received from different stakeholders and discussed them at length. It also studied the particulars of admission to the nursery class in some private schools of Delhi made in 2006-07 (under the old practice) and 2007-08 (under the new norms)," said the report.

While assigning a maximum 25 points to the neighbourhood clause, the committee had also earmarked five points for physically challenged children.

It left 25 points to the discretion of the school management for deserving students.

On the recommendation of the committee's first report, the court in October 2006 had barred nursery schools from conducting any kind of interviews or interaction with kids or their guardians during the admission process.

While doing away with interviews, the court had fixed a points system ranging from one to 100 on the basis of which children were to be given admission.

Apollo doctors approach Delhi HC in Rahul Mahajan case

New Delhi, July 23 (IANS) The Delhi High Court has been approached by five doctors and six other staff members of Delhi's Apollo hospital Monday asking it to quash charges against them of tampering with evidence and misleading the probe in the Rahul Mahajan drug abuse case.

Justice Reva Khetrapal had earlier stayed the lower court proceedings against the doctors and had asked the Additional Chief Metropolitan Magistrate not to proceed with the case till further orders.

Appearing for the doctors, senior counsel Harish Salve submitted that the subordinate court did not have the jurisdiction to prosecute the doctors on the "false charges" framed by the police.

The police had filed the complaint without proper investigation, argued Salve, seeking quashing of the charge sheet filed in January this year.

Rahul Mahajan, son of late Bharatiya Janata Party leader Pramod Mahajan, was admitted to the hospital on June 1 last year following an alleged drug overdose. It was alleged that the doctors had misled the investigators and fabricated the report about his treatment sought by police.

SC notice to Babloo in murder case

New Delhi, July 23 (IANS) The Supreme Court Monday issued notice to underworld don Om Prakash Srivastav alias Babloo Srivastava on a Delhi government plea challenging his acquittal by the Delhi High Court in the murder of businessman Lalit Suneja 15 years ago.

A bench headed by Chief Justice K.G. Balakrishnan also issued notice to his accomplice Nitin Gunwant Shah, who had allegedly hired Srivastava to kill Suneja.

A division bench of Justices R.S. Sodhi and P.K. Bhasin of the Delhi High Court had acquitted the two due to lack of evidence, setting aside a trial court verdict that had sentenced them to life for hatching the murder conspiracy.

While acquitting the duo, the high court had ruled, "It appears that the trial court has based its judgement only on an assumption that the appellants (Srivastava and Shah) are guilty of conspiracy to murder the businessman."

"In the totality of the circumstances, we find that there is nothing on the record to show that any of the two appellants had anything to do with the murder of Suneja," it added.

Suneja was allegedly shot dead by Manish Dixit and Virender Pant, the two killers allegedly hired by Babloo, while he was returning to his Shakarpur residence in east Delhi after offering prayers at a nearby temple on Aug 2, 1992.

Dixit and Pant had died during trial.

Babloo, who divides his time among various jails in Delhi and Uttar Pradesh and faces trial in several cases, was extradited from Singapore in August 1995.

Kohli extradition - High Court defers hearing to Thursday

New Delhi, July 23 (IANS) The Delhi High Court Monday deferred till Thursday the hearing of the review petition of Manindar Pal Singh Kohli, a Briton of Indian origin, facing extradition to the UK for alleged rape and murder of British teenager student Hannah Foster four years ago.

A division bench of Justices Mukul Mudgal and P.K. Bhasin said it would hear the arguments - challenging the decision of the lower court and the high court to extradite Kohli - on July 26.

Kohli is accused of raping and murdering Foster after kidnapping her on March 14, 2003, from a place near her home in Portswood, Southampton, where she had gone on a weekend picnic with her friends.

Additional Chief Metropolitan Magistrate Kamini Lau had June 8 recommended to the Indian government to extradite Kohli to Britain with the stipulation that he be not hanged if found guilty.

Rejecting Kohli's first appeal, The Delhi High Court had upheld the decision of the magistrate.

Kohli had then appealed to the Supreme Court. Last week, the apex court had observed that if he wanted a review, he should approach a division bench of the high court first.

Delhi HC pulls up police for tardy probe in Jessica murder

New Delhi, July 18 (IANS) The Delhi High Court Wednesday pulled up the Special Investigation Team (SIT) of Delhi Police for filing a tardy report on the Jessica Lall murder case without following the basic procedure of law.

A division bench of Justices R.S. Sodhi and H.R. Malhotra posed a question to the Delhi Police counsel: "It is the first case in the criminal justice system where a separate FIR (first information report) has been filed in a case while an FIR was still existing. Does it not lead to safe inference that you (police) were trying to assist the accused?"

Commenting on the second report, which was filed before the court Wednesday, the bench said: "We have not judged your investigation report. The report is nothing but a rotten piece of paper. It is absolutely nothing. We do not know the purpose behind it?"

While doubting the sincerity of police while referring to the FIR filed against its own officials for allegedly not conducting the investigation properly, the bench said, "We are very very aware what is happening. You think we do not know what's going on but we are well aware."

The FIR was lodged after the court took suo motu cognisance of media reports about police failing to conduct the probe properly.

The court said there was no need for registering another FIR when the probe could have been conducted under the ambit of the original FIR.

Justice Sodhi asked the SIT to thoroughly probe the matter to bring the culprits to the book.

Police in their report said that they have already retrieved the documents relating to the cases and probing the matter.

Sidharth Vashisht alias Manu Sharma, Vikash Yadav and Amarjit Singh Gill have been convicted by the high court for their involvement in the killing of ramp model Jessica at a south Delhi restaurant owned by Bina Ramani in 1999.

The trial court had acquitted the accused due to lack of evidence.

India TV wins Internet domain case against US firm

New Delhi, July 17 (IANS) Rajat Sharma's India TV has won an Internet domain case against a US-based firm with the Delhi High Court restraining the latter from using a web address to broadcast Indian TV programmes in its original form.

In its petition, India TV had alleged that the Internet domain, indiatvlive.com, used by the US-based India Broadcast Live, was similar to its trademark and that the plaintiffs had no legitimate right over the domain name.

In an interim order delivered by Justice S.K. Kaul in January, the US-based firm was restrained from using any domain name containing the words India TV as also barred from transferring the rights to any other entity.

Now, in the final order this month, even though the court has permitted the defendants to use the domain name, it has nevertheless required a disclaimer to be placed prominently next to the logo of Indiatvlive.com.

The court said the disclaimer should read: "The website has no connection, affiliation or association whatsoever with India TV, the Indian Hindi news and current affairs television channel."

However, the defendants shifted to another domain name indiabroadcastlive.com and the court has taken cognisance of the same.

The court observed that when the impugned domain name is typed, a redirection notice says the website is not operational due to interim orders passed and visitors are automatically redirected to indiabroadcastlive.com.

"Thus, the respondents have rectified the position," Justice Kaul said in his order and added: "In view of the aforesaid, I do not deem it appropriate to proceed further with the petition and the petition stands cancelled."

The court also disallowed the defendants from proceeding against India TV with a suit filed in the district courts in Arizona.

"With the growth of e-commerce and commercial activity over the world wide web, it has become possible for business to be conducted across the globe without actual presence in every place," the court said.

"The present case, inter alia, involves the question of jurisdiction in such a situation."


- IANS

High court defers hearing on plea against Patil

New Delhi, July 9 (IANS) The Delhi High Court Monday deferred till Sep 24 the hearing of a petition asking the Election Commission to cancel the nomination papers of United Progressive Alliance's (UPA) presidential nominee Pratibha Patil.

Justice B.D. Ahmed said the matter would be heard after the presidential election was over as the process had already started.

The PIL was filed by the NGO Indraprastha People, which alleged that Patil, as managing trustee of the Mumbai-based Shram Sadhana Bombay Trust that is controlled by the Maharashtra government, was holding an office of profit. This made her ineligible to contest as president.

The trust runs several schools and colleges and Patil was receiving profits from the organisation, the NGO contended.

- IANS

High Court paves way for Kohli extradition

New Delhi, July 6 (IANS) The Delhi High Court Friday dismissed a petition of Maninder Singh Kohli, accused in the 2003 rape and murder of British teenager Hannah Forster, paving the way for his extradition to Britain to face trial.

A division bench of Justice Mukul Mudgal and P.K. Bhasin said the earlier decision of the subordinate court in directing the Indian government to extradite Kohli to Britain was right.

On June 9, a magistrate had ordered the extradition of Kohli to Britain to stand trial for rape and murder of Hannah Foster with the stipulation that he be not hanged if found guilty.

Kohli had last month challenged his extradition order before the Delhi High Court saying that the judge of the lower court had erred in considering "false evidence" produced by the British police.

In a detailed petition, counsel for Kohli Charanjit Singh had claimed the subordinate court took into consideration the forensic report which was not scientifically based on DNA tests.

The High Court, however, expunged Friday the trial court remark that Kohli was prima facie guilty of the crime.

The only recourse left with Kohli is to challenge the order before the Supreme Court.

Court dismisses Natwar's plea for Enforcement Directorate papers

New Delhi, July 5 (IANS) The Delhi High Court Thursday dismissed the petition of former external affairs minister Natwar Singh and his son Jagat Singh - embroiled in Iraq's oil-for-food scam - for direction to the Enforcement Directorate (ED) to provide them with all documents related to the scam.

Rejecting the demand by the father-son duo, Justice B.D. Ahmed said only those documents that have been relied upon by the ED, an investigating agency, for taking action against the accused would be supplied to them.

"In the light of the Supreme Court judgements, I cannot hold otherwise," Justice Ahmed said, adding, "let's hope that law further develops on the issue".

In May last year, Natwar Singh had filed a petition seeking direction to the ED for the supply of the documents, saying that the sleuths had asked him and Jagat certain questions which were not connected with the scam.

Singh had alleged that the investigating agency was harassing him by summoning him for questioning in the scam without providing relevant documents.

Natwar's counsel Arvind Nigam contended that the Justice Pathak Inquiry Authority, constituted by the central government, had given a clean chit to him. "Singh (Natwar) is not a contractual beneficiary," he added.

"The Pathak Authority had established that there was no material derived that could construe that Singh had any financial benefits from the deal," said Nigam.

The government had also accepted the report and tabled it on the floor of parliament in August 2006.

Opposing the prayers in the petition, Additional Solicitor General P.P. Malhotra, appearing for the ED, had submitted that the former minister had been summoned for questioning as there was some prima facie evidence against him.

Jagat Singh along with his Delhi-based business associate Andaleeb Sehgal, Andaleeb's father Suman Sehgal, businessman Vijay Dhar, his son Vikas Dhar, Youth Congress leader Jameel Zaidi and Asad Khan were allegedly involved in the 'cash for oil scam' during the regime of deposed Iraqi president Saddam Hussein.

Aditya Khanna, one of the suspects in the case, had fled to Britain despite the authorities issuing a letter for cancellation of his passport.

The ED was inquiring into the benefits derived by the Indians in the scam, which was exposed by the UN Volcker Committee report. It was alleged that the suspects had earned a commission by selling petroleum products given on voucher by Hussein under the UN's oil-for-food programme between 1996 and 2003.

Delhi HC stays summons against Ansal, employee in Uphaar Case

New Delhi, July 5 (IANS) The Delhi High Court Thursday stayed the summons issued by a lower court against a real estate tycoon and his employee for allegedly threatening the president of an association of victims of the 1997 Uphaar theatre fire tragedy.

Justice B.N. Chaturvedi stayed the summons against Sushil Ansal and his employee Deepak Kathpalia, two days after staying two other summons against Gopal Ansal and P.S. Sharma, another employee of the Ansals.

The court also issued notices to Association of Uphar Tragedy Victims president Neelam Krishnamoorthy and the state government seeking their reply by Nov 13 as to why her complaint against Ansal brothers and their two employees should not be quashed.

The four had been issued summons by Additional Chief Metropolitan Magistrate Kamini Lau on a complaint by Krishnamoorthy, who was allegedly abused and threatened by the two employees of Ansal brothers May 10.

Krishnamoorthy had alleged that the two employees of Ansal brothers had abused and threatened her at the behest of their employer.

She had alleged that her pictures were taken May 10 when she was coming out of the courtroom of Additional Sessions Judge Mamta Sehgal, where trial against the Ansal brothers and others was on for their alleged culpability in the June 13, 1997 tragedy.

Krishnamoorthy had lost her two minor children in the fire in which 57 others were asphyxiated during the screening of Hindi blockbuster "Border".

The court, in pursuance of the high court's order to conclude the 10-year-old trial by August, is now hearing the final arguments on a day-to-day basis.

Court asks UGC to include Amity name in website

New Delhi, July 3 (IANS) Delhi High Court Tuesday directed the University Grants Commission (UGC) for listing Amity University, Uttar Pradesh, in the list of universities on its website.

Amity had submitted in the court that though it was recognised under the UGC Act with the power to award degrees, the non-inclusion of its name in the UGC List (which is a non-statutory list) was creating problems for its students as some universities were denying them admission for further education because the name of Amity was not on the UGC website.

Allowing the petition filed by Amity University, Justice Badar Durrez Ahmed observed: "It is beyond the pale of any debate that UGC is a public body and performs public functions and although it has discretion in maintaining or not maintaining a list of universities, once the discretion in exercised, it must be reasonable and not arbitrary.

"...it is not open to UGC to pick and choose and arbitrarily and unreasonably deny inclusion of the petitioner's name in the said list even though it falls within the definition of the word "university" given in section 2(f) of the UGC Act."

Notice to Nafisa Ali on Husain painting quashed

New Delhi, July 3 (IANS) The Delhi High Court Tuesday suspended the operation of a show cause notice issued by a subordinate court here against social activist Nafisa Ali for allegedly purchasing a controversial painting by noted painter M.F. Husain.

Acting on a petition filed by Nafisa Ali, a former Miss India and actress, Justice B.N. Chaturvedi stayed the notice issued on a petition by Shiv Sena leader Jai Bhagwan Goel.

The lower court had issued the notice on May 15 without taking cognisance of the offence, said Lawyer Sidharth Luthra appearing for Ali.

The trial court judge did not have power to issue the notice before taking cognisance, he said while seeking quashing of the order.

Luthra said Ali did not purchase such a painting and even if she did it was not a crime.

The painting in question is one of the series of works portraying Hindu goddesses in nude - that have angered a section of society.

While adjourning the matter till Nov 23, the court asked the complainant to file his reply to substantiate the allegations.

Tihar Jail frees over 600 inmates

New Delhi, June 19 (IANS) Over 600 prisoners held for minor offences have been freed from the Tihar Central Jail following a Delhi High Court order in the wake of the deaths of six inmates due to overcrowding, an official said Tuesday.

"We have released 627 inmates, including four women, after studying the court directions," said prison spokesman Sunil Gupta.

According to Gupta, the release took place Monday night after they furnished a personal bond of Rs.2,000 each.

"We are very pleased with the court direction as it would really help in decongesting the overcrowded prisons," the officials said. "It's a great relief, now we can focus more on other inmates."

The Tihar Jail, located in west Delhi, has over 13,000 inmates against the approved capacity of 6,250.

The Delhi High Court Monday directed the release of 600 inmates after going through a report of a three-member committee appointed by it to probe the death of prisoners during peak of summer.

Six prisoners and a jail warden have died over a period of seven days beginning June 6.

The jail authorities instituted a magisterial probe into the deaths while maintaining that they all died of natural causes, including heat stroke.

The committee said in its report to the court that the recent deaths occurred due to overcrowding and lack of proper amenities, including scarcity of drinking water.

While reprimanding the jail authorities for their failure to provide various civic amenities in jail, the court said fans and coolers should have been fixed in the jails before the onset of summer.

600 inmates to be released from Tihar Jail

New Delhi, June 18 (IANS) About 600 inmates, held in the high-security Tihar Jail for minor offences, were ordered to be released by the Delhi High Court Monday after a probe into the recent deaths of six prisoners.

A division bench of Justice Pradeep Nandarajog and Justice P.K. Bhasin ordered the release saying, "All 600 inmates in Tihar Central Jail, jailed under Section 107 (breach of peace) and 151 (preventive arrest to check commission of cognisable offences) of the Criminal Procedure Code (CrPC) due to non-furnishing of surety, would be released on furnishing a personal bond of Rs.2,000 each."

The court ordered the release after going through a report of a three-member committee appointed by it to probe into the spate of recent deaths in the overcrowded prison.

Tihar Jail had been rocked by death of six prisoners and one jail warder in seven days from June 6. The jail authorities had instituted a magisterial probe into all the deaths, while maintaining that they all had died of natural causes, including heat stroke.

The committee, in its report to the court said that recent deaths in jails happened due to overcrowding and lack of proper civic amenities, including scarcity of drinking water.

The high court directed the district magistrates to complete the hearing of such cases in six months.

While reprimanding the jail authorities for their failure to provide various civic amenities in jail, the court said fans and coolers should have been fixed in the jails before the onset of summer.

The high court had directed the Delhi Government and Tihar Jail authorities on June 13 to file a report within two days stating the reasons for the death of six inmates in one week.

The court had observed that it seemed that basic minimum amenities were not provided to them in the jail, which had more than 13,000 inmates in a prison meant for about 6,000.

Shalek Chand Jain, a social worker, said in a public suit that deaths in one of Asia's largest jails had become routine.

"In the past one week at least six people died due to excessive heat," said the petition filed by counsel Sugriv Dubey.

"The atrocities of the police is an open secret to the public and the innocent people are nabbed under the sections 107 and 151 of the CrPC on false charges for causing breach of peace and sent to jail even though the offence is bailable. The people are kept in judicial custody as the police does not want to relent," alleged the petition.

While seeking direction to the authorities to improve the conditions in the jails, the petitioner also asked for instituting a judicial inquiry to unravel the causes of the deaths of so many innocent people during summer.

Hannah Foster murder: Kohli's extradition to Britain stayed

New Delhi, June 18 (IANS) The Delhi High Court Monday temporarily suspended the extradition of Maninder Pal Singh Kohli, who is alleged to have raped and murdered British teenager Hannah Foster in March 2003 in Southampton, till it disposed of his petition.

Staying Kohli's extradition, a bench of Justices P.K. Bhasin and Pradeep Nandrajog fixed July 6 to hear his petition challenging a June 8 lower court recommendation to the central government that he be sent to Britain for trial in the case.

"It is directed that petitioner (Kohli) would not be deported to the United Kingdom till the matter is disposed in the court," the bench said.

It issued notices to the central government and the ministry of external affairs, seeking their replies to Kohli's plea to quash the lower court order.

The bench also called for all the relevant documents.

Kohli, a British Indian, is accused of abducting, raping and killing 17-year-old Hannah on March 14, 2003 near her home in Southampton. He fled to India after the incident and was arrested on July 14, 2004, near Kalimpong in West Bengal.

In his petition to the high court, Kohli has challenged the order of Additional Chief Metropolitan Magistrate Kamini Lau. According to him, Lau recommended his extradition despite there being no clinching forensic evidence of his role.

Kohli has also referred to racial bias against Asians in western countries and said he did not expect to get any justice in Britain.

The lower court, while allowing Kohli's extradition, had said that his DNA profile, as inferred from samples taken from his wife and children, matched the semen samples found on the body of deceased Hannah Foster, and this further prima facie corroborated his alleged involvement.

Besides the forensic evidence, the lower court had listed other scientific evidence, including closed circuit TV footage, statements of witnesses and Kohli's behaviour and conduct after the crime to recommend his deportation.

Hannah Foster murder: Kohli's extradition stayed

New Delhi, June 18 (IANS) The Delhi High Court Monday temporarily suspended the extradition of Maninder Pal Singh Kohli, who is alleged to have raped and killed British teenager Hannah Foster in March 2003 near her home in Southampton.

Kohli is to stand trial in Britain for his alleged role in the abduction, rape and murder of the 17-year-old on March 14, 2003.

While staying Kohli's extradition to Britain, a bench of Justices P.K. Bhasin and Pradeep Nandrajog admitted his plea challenging a June 8 trial court order that recommended his extradition to the central government.

The bench issued notices to the central government and the ministry of external affairs and slated the hearing of the case to July 6.

Kohli, a British Indian, was arrested from Kalimpong town in West Bengal on July 14, 2004 and has been in custody since then.