Legal News India - Vakilno1.com

Monday, February 1, 2010

Bar to Petition against CBI closure report in 'Cash-At-Judge's


Bar to Petition against CBI closure report in 'Cash-At-Judge's

CHANDIGARH: A special CBI court will hear on February 15 the maintainability of the petition filed through the Punjab and Haryana Bar challenging CBI's decision to close the much-publicised cash-at-judge's door case.As reported by the Times Of India.

Lawyers connected with the case said Special CBI Court judge Darshan Singh would decide whether the Bar Association carries a locus standi in the case.

Meanwhile, Amrik Singh, a peon at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court and complainant in the case, submitted in his reply to CBI's plea for closure that it was upto the court to "proceed in accordance with law."

Contending that the CBI had sought the cancellation report "only on account of lack of sanction," Singh said that "three reports, one by the Chandigarh administration, the second through the three judges and third from the CBI have all concluded that the money was wrongly delivered at the residence of Justice Nirmaljit Kaur and was in fact meant for Justice Nirmal Yadav (of the High Court)".

"The cancellation report is filed by the CBI only on account of not enough sanction," he said.

The case had rocked the Punjab and Haryana High Court after Rs 15 lakh in cash was "wrongly delivered" at the residence of Justice Nirmaljit Kaur on August 13, 2008 following which she reported the matter to the police.

Justice Nirmal Yadav has denied the allegation how the money was meant for her and was presented with a clean chit earlier this year by a collegium of the Supreme Court.

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Wednesday, January 27, 2010

HC upset, Haryana govt fails to file reply in Ruchika case


HC upset, Haryana govt fails to file reply in Ruchika case

CHANDIGARH: The Punjab and Haryana High Court on Wednesday expressed its displeasure as the Haryana government failed to file its reply in time in connection with a public suit filed by a human rights activist in the molestation case of teenager Ruchika Girhotra. As reported by The Times Of India.

In the public interest litigation (PIL) filed Dec 29, Ranjan Lakhanpal, who is also a senior lawyer, had sought that former Haryana police chief S.P.S. Rathore be charged under Section 305 (abetment of suicide of a minor) of the Indian Penal Code (IPC) since he allegedly drove teenager Ruchika to suicide in 1993.

Rathore was convicted Dec 21 by a CBI special court here for molesting budding tennis player Ruchika Aug 12, 1990, in Haryana's Panchkula town, 10 km from here. He was awarded a six-month jail term but he was immediately granted bail.

During the last hearing Jan 7, the court had issued notices to the Haryana government and the Central Bureau of Investigation (CBI) and told them to submit their reply on Lakhanpal's petition in 10 days.

However, the Haryana government's lawyer sought two months' time from the court Wednesday to submit their reply.

On this, the high court bench consisting of Chief Justice Mukul Mudgal and Justice Jasbir Singh pulled up the state government and expressed displeasure.

The matter will be heard by the high court Feb 4.

The CBI filed its reply in connection with this PIL.

"In our reply we have given a detailed account of the CBI's investigation so far. Like we said, the CBI registered the case in 2000 and then we also mentioned about the court's proceedings and our probe in our reply," Ajay Kaushik, said the CBI's lawyer.

Abha Rathore, counsel and wife of the former Haryana police chief, also filed an application in the same court Wednesday, appealing to settle this PIL before Feb 8 as the hearing challenging Rathore's six-month punishment is scheduled in a local court here on the same day.

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Monday, November 19, 2007

SC refuses to cancel bail of Amarinder's son


New Delhi, Nov 19 (IANS) The Supreme Court Monday refused to cancel the bail granted to former Punjab chief minister Amarinder Singh's son Raminder Singh, who is facing prosecution for his alleged role in a land scam in Ludhiana.

A bench of Justice A.K. Mathur and Justice Markandey Katju refused to accede to the Punjab government's plea to cancel Raminder Singh's bail on the ground that he was not cooperating with the investigative agency.

Raminder Singh was earlier granted bail by the Punjab and Haryana High Court.

The apex court bench said if Raminder Singh was not cooperating with the police in the probe of the case, the state government was free to approach the high court to seek the cancellation of his bail.

Raminder Singh is an accused in the what has come to be known as the Ludhiana City Centre scam, involving loss to the state exchequer worth several billion rupees following irregularities in allotment of prime plots of land to a few builders by the erstwhile Amarinder Singh government.

Amarinder Singh himself had ordered the probe into the matter before the 2006 assembly elections in the state in which his Congress party was defeated by the Akali Dal-Bharatiya Janata Party (BJP) alliance.

He too now faces the probe into the case along with his several relatives, including son Raminder Singh.

Appearing for the state government, Ravi Shankar Prasad contended that the high court had passed a blanket order of bail to Raminder Singh. He pointed out the high court should have given bail to Raminder Singh only in some particular case or against a particular first information report (FIR) lodged, and not in all cases already registered or are likely to be registered in future as offshoots of the scam.

Acceding to this plea, the apex court asked the high court to amend its bail order.

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Thursday, August 23, 2007

High court judge seeks transfer of Dera chief's case


Chandigarh, Aug 23 (IANS) In a surprise development, a Punjab and Haryana High Court judge Thursday refused to take up the bail application of Dera Sacha Sauda sect chief Gurmit Ram Rahim Singh and instead asked the chief justice to transfer the case to another bench of the court.

Justice Surya Kant, in whose court the matter was listed for decision Thursday, heard the sect chief's lawyers and the Central Bureau of Investigation (CBI) counsel Tuesday, and then refused to take up the matter, saying that he had realised that he had been party to the matter when he was advocate general of Haryana a few years ago.

He said that he had written to the chief justice to transfer the case to another bench of the high court.

The bail application will now come up for hearing after the case is transferred to another bench.

The dera chief's bail was pending before the court in cases registered by the CBI against the godman for his alleged involvement in two murders and the rape of a woman devotee. The three incidents took place between 2001-04.

The dera chief has been summoned by a special CBI court in Ambala city in Haryana Aug 31 for personal appearance so that he can be served the charge sheet filed by the CBI.

The files relating to the cases had been seen by Justice Surya Kant when he was advocate general of Haryana.

The murders relate to that of the dera chief's former manager Ranjit Singh in July 2002 and of a journalist, Ram Chandra Chhatrapati, in November 2001.

Dera activists murdered Ranjit Singh allegedly at the behest of the godman, while it is alleged that he got Chhatrapati killed after the latter wrote about shady activities inside the sect headquarters located at Sirsa, 300 km from here.

The rape case relates to allegations by a former female follower that the dera chief had raped her more than once inside the dera premises.

The dera management has so far refuted all these charges.

The sect chief has been involved in a major stand-off with Sikhs since May this year after he portrayed himself as the revered 10th Sikh guru, Gobind Singh.

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Tuesday, July 31, 2007

CBI files chargesheet in Dera murder, rape cases


Ambala, July 31 (IANS) The Central Bureau of Investigation (CBI) has filed a chargesheet against functionaries of the Dera Sacha Sauda religious sect at a special court in this Haryana town in two cases of murder and the rape of a woman sect follower.

The CBI filed the chargesheet Monday night at the residence of the special CBI court judge R.N. Bharti. Dera chief Gurmit Ram Rahim Singh's name also figured in it, CBI sources indicated.

The chargesheet was filed hours before the expiry of the July 31 deadline set by the Punjab and Haryana High Court for the CBI to complete investigations against the sect's top brass.

Ranjit Singh, a former dera member, was allegedly murdered by sect followers in July 2002 as he had highlighted wrongdoings inside the dera headquarters at Sirsa, 300 km from Chandigarh, including sexual exploitation of women devotees by some people in the sect's management.

Five dera followers were charged with Ranjit Singh's murder in June.

The names of dera followers also cropped up in the killing of Sirsa-based journalist Ram Chandra Chhatrapati, who had reported the wrongdoings inside the dera campus. He was murdered in November 2001.

The CBI also submitted its chargesheet in the rape of a 'sadhvi' (woman devotee) inside the dera campus. She, along with other women who were sexually exploited by top dera functionaries, had initially raised their voices against the dera management but were forced out of the sect campus and threatened so that they remained silent.

A former driver of the dera chief, Khatta Singh, spilled the beans in all these cases by recording his statement before a magistrate here earlier this year.

The judge here fixed the next hearing on Aug 31.

The latest development is likely to put Gurmit Ram Rahim, the sect management and the Congress-ruled Haryana government in an embarrassing position as the dera chief has been avoiding legal procedures so far, including his questioning in these cases.

The dera godman, who supported the Congress in the February assembly elections in neighbouring Punjab, enjoys Z-plus security cover from the Haryana police as he got embroiled in a controversy with the Sikh community after portraying himself like 10th Sikh Guru Gobind Singh in May.

This led to violence in Punjab and Haryana with the Sikh community demanding his arrest and announcing complete boycott of the sect in Punjab.

The dera chief went through the legal formality of being "arrested" and then "bailed out" at his headquarters in Sirsa Monday evening. A Punjab police team had arrived from Bathinda to complete the legal formality.

The Punjab and Haryana High Court had earlier granted interim bail to Gurmit Ram Rahim, saying that if the Punjab Police arrested him, he would be given bail immediately.

The police team confiscated his passport and made him officially join the investigation. There was tension among dera followers after the police team arrived to "arrest" him.


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Tuesday, July 24, 2007

Lawyers boycott Judge after he rules Attorney 'insane'


Chandigarh, July 24 (IANS) Agitated lawyers of the Punjab and Haryana High Court Tuesday decided to boycott Justice Uma Nath Singh, demanding that all judicial work be withdrawn from the judge, he be moved out and impeachment proceedings be initiated against him.

Judge Singh had Monday evening declared local lawyer Tahar Singh "insane" and ordered the Central Bureau of Investigation (CBI) to take him to a mental hospital in Agra.

Tahar, who had in recent months taken up cudgels in the high court against the conduct of certain judges, was picked up by the CBI a couple of hours later Monday evening.

Agitated lawyers of the high court's bar association led a vociferous demonstration in front of the CBI office here, forcing high court Chief Justice Vijendra Kumar Jain to Monday constitute a late night division bench comprising Justices M.M. Kumar and Surya Kant to stay Justice Singh's order.

The CBI team taking the lawyer to the mental hospital in Agra was recalled from Delhi by the high court.

"We will continue to boycott Justice Uma Nath Singh's court till action is taken against him. His order Monday was beyond the jurisdiction of the court," senior advocate Anupam Gupta said Tuesday.

Protesting lawyers went on a sit-in outside the high court Tuesday demanding action against the judge.

Bar association president Anmol Rattan Sidhu and Chandigarh's government standing counsel Anupam Gupta said the high court action in sending the lawyer to a mental hospital was unwarranted and unprovoked.

Tahar had recently also been booked by the local police after his wife accused him of cruelty and criminal intimidation. But after the high court order sending him to the mental hospital, his wife Sujata Sharma changed her tone to claim that she had never said that he was insane.

Judge Singh in his order said: "In view of the serious nature of allegations regarding beatings and torture of the complainant (the lawyer's wife) and her children by the accused in a barbaric manner which only an insane person would do and further that on enquiry, the court is prima facie of the opinion, that accused is a worst case of mental disorder.

"It is also learnt from the bar that the accused creates nuisance and commotion wherever he goes with the help of anti-social elements on the strength of some vested interests who finance him in doing so.

"In this background, to ensure the safety of the life of the complainant and her children, I deem it expedient to direct the senior superintendent of police of the CBI, Chandigarh to immediately take the accused in custody and take him away from Chandigarh to the mental hospital in Agra, for proper treatment."

The judge also directed the CBI to use "modern devices" to investigate the link between Tahar Singh and anti-social elements who were "misusing him during his spell of insanity".

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Punjab and Haryana High court directs Punjab to produce Chahal


Chandigarh, July 23 (IANS) The Punjab and Haryana High Court Monday directed the Punjab government and its vigilance wing to produce Bharat Inder Singh Chahal, an aide of former chief minister Amarinder Singh, before it Tuesday to ascertain allegations of torture levelled by him.

Justice Uma Kant Singh gave the directions after Chahal recently alleged that he was being physically tortured and humiliated in custody at the behest of the ruling Akali Dal government.

The controversial media adviser to Amarinder Singh was arrested last month. He has been slapped with several charges including attempt to murder, land grabbing, conspiracy, intimidation, corruption and cheating.

Chahal is presently in judicial custody in a Patiala prison.

Amarinder Singh had visited Chahal in prison last week after his return from London. The former chief minister later said that Chahal had cried before him and told him that he was subjected to electric shocks on private parts and other inmates had been asked to urinate on him.

He also complained that he was not even provided with a bed in his cell where 17 other prisoners had beds.

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Saturday, June 30, 2007

Dera chief gets interim bail from high court


Chandigarh, June 29 (IANS) The Punjab and Haryana High Court Friday granted interim bail till Aug 6 to Dera Sacha Sauda sect chief Gurmit Ram Rahim Singh, who was also asked to immediately surrender his passport.

Justice L.N. Mittal stayed the controversial Dera chief's arrest - on charges of hurting religious sentiments of the Sikh community - even as a lower court in Bathinda town in south Punjab, 250 km from here, gave the Punjab Police the go ahead to implement a non-bailable arrest warrant issued by it on June 20.

The Dera chief, who found himself at the centre of a huge controversy after he attired himself like the 10th Sikh guru Gobind Singh, leading to weeklong violence in Punjab, resides on the outskirts of Sirsa town in neighbouring Haryana in a sprawling mini city that is the headquarters of his sect.

The relief from the high court came after some sect followers moved an application on his behalf seeking anticipatory bail for their spiritual head.

They alleged that the case registered against Ram Rahim Singh in Bathinda was politically motivated. Though the case was not listed for hearing Friday, the petitioners moved another application seeking an early hearing.

The Dera chief had issued two reluctant apologies to the Sikh leadership, but they were not accepted by the Akal Takht - highest temporal seat of Sikhism - and Sikh clergy.

The Bathinda court had issued the arrest warrants against the Dera chief June 20 and the Punjab government Wednesday night gave its clearance to the state police to arrest him. The arrest warrant was valid till July 1.

Senior Punjab police officers confirmed to IANS that they were preparing to arrest the Dera chief when the stay order came.

Since his arrest was likely to be opposed by thousands of sect followers, the Punjab Police was working out modalities to deal with an explosive situation.

The Punjab Police was likely to seek the help of its Haryana counterpart since he resides there.

The Dera chief enjoys tight security provided to him by Haryana Police following death threats after last month's controversy.

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