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Tag: Delhi High Court

  • Delhi High Court Issues Notice On Plea To Allow Sonam Wangchuk To Hold Protest At Jantar Mantar |

    The Delhi High Court on Wednesday issued a notice seeking responses from the Delhi Police, the Government of NCT Delhi, and other respondents on a plea filed by the Apex Body Leh.
    The plea requested permission for climate activist Sonam Wangchuk and others to hold a peaceful protest or fast at Jantar Mantar from October 8 to October 23, 2024.


    A bench comprising Justice Prathiba M. Singh and Justice Amit Sharma has directed the parties to submit their replies by October 18, 2024, with a detailed hearing scheduled for October 22, 2024.
    Solicitor General Tushar Mehta, representing the Delhi Police, opposed the plea, questioning the urgency of the protest.

    The Apex Body Leh approached the Delhi High Court on Tuesday, seeking permission for Sonam Wangchuk and other ‘Padyatris’ to hold a peaceful protest (Anshan) at Jantar Mantar or another suitable location. The plea asserts that this is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution, which protect free speech and peaceful assembly.


    The petition mentions that around 200 participants initiated a peaceful protest march, known as a Padyatra, from Leh, Ladakh, to New Delhi, covering over 900 kilometres in 30 days. Their aim is to raise awareness about the ecological and cultural degradation of Ladakh and the broader Himalayan region. The petitioners wish to hold an awareness campaign and peaceful protests at Jantar Mantar or another suitable location in Delhi.

    The Delhi Police had rejected the Padyatra protest request, citing “no valid grounds”.

    The petition argues that on October 5, 2024, the Delhi Police arbitrarily rejected the request for a peaceful demonstration at Jantar Mantar, thereby violating the petitioners’ fundamental rights to free speech and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution.

    Furthermore, the petition claims that the Delhi Police have not provided valid or reasonable grounds for this rejection, despite the peaceful nature of the march. It assures that the proposed demonstration is a peaceful expression of dissent, aimed at raising awareness of significant social issues.

    The planned Anshan seeks to communicate grievances to the authorities, and the denial of permission suppresses this fundamental right, limiting the petitioners’ ability to engage in public discourse, thereby undermining the principle of open expression. 

  • ‘Mercifully You Have Not Challaned Rainwater’: Delhi High Court Raps MCD; Transfers Case To CBI |

    In a scathing critique, the Delhi High Court expressed its inability to comprehend how three UPSC aspirants drowned in the Rajinder Nagar area, noting that such incidents have become disturbingly common and that Municipal Corporation of Delhi (MCD) officials appear indifferent to the situation. The High Court transfered investigation of criminal case from Delhi police to the CBI. The court also indicated that senior MCD officials may have been involved in the irregularities related to infra management.

    The court questioned why MCD officials failed to inform the commissioner about the non-functioning storm water drains in Rajinder Nagar, which likely contributed to the tragic deaths. A bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said MCD officials are not bothered and it has become a norm.

    In a related incident, the court took a sarcastic tone with the Delhi Police regarding the arrest of an SUV driver in connection with the coaching centre deaths, remarking, “Mercifully, you have not challaned rainwater for entering the basement.”

    The High Court emphasized that police are respected when they book actual culprits, not when they arrest innocent individuals, underscoring its disapproval of the action taken against the SUV driver in this case.

    Meanwhile, the Civil services aspirants protesting the Rajinder Nagar coaching centre deaths continued their agitation for the sixth day on Friday, with many seen studying at the protest site. Three students, identified as Shreya Yadav, Tanya Soni and Nevin Dalvin, died after rain water gushed inside the basement of Rau’s IAS Study Circle in Old Rajinder Nagar on July 27 evening.

    Officials have stated that the deaths of three civil services aspirants at the coaching centre were caused by the lack of a proper drainage system, inadequate safety measures, and the use of the basement for commercial activities in violation of regulations.

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  • POCSO case settled, Delhi HC asks accused’s father to offer unfastened scientific checkups for academics

    Specific Information Provider

    NEW DELHI: The Delhi Top Court docket has quashed a POCSO case after noting its voluntary agreement between the events who’re younger scholars. The courtroom has directed the accused’s father, an officer of a scientific frame to prepare Orthopaedic medical doctors to offer unfastened scientific well being checkups for Academics of ten within reach executive colleges.

    Justice Saurabh Banerjee additionally favored the hassle of the accused’s father, the Leader Administrative Officer of the Indian Orthopaedic Affiliation who has willingly presented unfastened check-ups through Orthopaedic Medical doctors in as many as 10 executive colleges within the nationwide capital.

    Within the order, the prime courtroom famous that the allegations levelled within the FIR have been registered on account of some misunderstandings and private grudges between the events and the probabilities of conserving the petitioner as responsible are “very bleak.”

    “..within the opinion of this Court docket, having a look into the holistic occasions in its entirety, taking into account that the prevailing FIR was once registered on account of some misunderstandings and private grudges between the events concerned herein and their members of the family as additionally {that a} agreement has been arrived at between the events voluntarily, proceeding with the FIR below the present instances will probably be an workout in futility, as in view of the present factual matrix concerned, the probabilities of the petitioner being held responsible are very bleak,” the courtroom held.

    The FIR within the case has been registered below Segment 354 IPC (attacks or makes use of legal power to any lady) and below Segment(s) 8/12 Coverage of Kids from Sexual Offences (POCSO) Act.

    Within the order, the courtroom stated prima facie it has regarded as the present atypical info and the entire occasions unfolding of their entirety, in view of the uncommon instances concerned within the case despite the fact that it’s conscious that the FIR has been registered below POCSO and different fees.

    “… this Court docket is susceptible to quash the prevailing FIR within the workout of its inherent powers below Segment 482 Cr.P.C., specifically when within the opinion of this Court docket, the similar is within the passion of justice and can also be within the passion of the events and betterment in their long term, because the events concerned herein are younger people who find themselves nonetheless pursuing their research and seeking to make their respective long term careers,” the order stated.

    NEW DELHI: The Delhi Top Court docket has quashed a POCSO case after noting its voluntary agreement between the events who’re younger scholars. The courtroom has directed the accused’s father, an officer of a scientific frame to prepare Orthopaedic medical doctors to offer unfastened scientific well being checkups for Academics of ten within reach executive colleges.

    Justice Saurabh Banerjee additionally favored the hassle of the accused’s father, the Leader Administrative Officer of the Indian Orthopaedic Affiliation who has willingly presented unfastened check-ups through Orthopaedic Medical doctors in as many as 10 executive colleges within the nationwide capital.

    Within the order, the prime courtroom famous that the allegations levelled within the FIR have been registered on account of some misunderstandings and private grudges between the events and the probabilities of conserving the petitioner as responsible are “very bleak.”googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    “..within the opinion of this Court docket, having a look into the holistic occasions in its entirety, taking into account that the prevailing FIR was once registered on account of some misunderstandings and private grudges between the events concerned herein and their members of the family as additionally {that a} agreement has been arrived at between the events voluntarily, proceeding with the FIR below the present instances will probably be an workout in futility, as in view of the present factual matrix concerned, the probabilities of the petitioner being held responsible are very bleak,” the courtroom held.

    The FIR within the case has been registered below Segment 354 IPC (attacks or makes use of legal power to any lady) and below Segment(s) 8/12 Coverage of Kids from Sexual Offences (POCSO) Act.

    Within the order, the courtroom stated prima facie it has regarded as the present atypical info and the entire occasions unfolding of their entirety, in view of the uncommon instances concerned within the case despite the fact that it’s conscious that the FIR has been registered below POCSO and different fees.

    “… this Court docket is susceptible to quash the prevailing FIR within the workout of its inherent powers below Segment 482 Cr.P.C., specifically when within the opinion of this Court docket, the similar is within the passion of justice and can also be within the passion of the events and betterment in their long term, because the events concerned herein are younger people who find themselves nonetheless pursuing their research and seeking to make their respective long term careers,” the order stated.

  • Delhi HC seeks stand of NewsClick, its editor on ED plea towards coverage in cash laundering case

    By means of PTI

    NEW DELHI: The Delhi Top Courtroom on Friday sought the stand of stories portal NewsClick and its editor-in-chief on a plea by means of the Enforcement Directorate (ED) looking for holiday of an previous order granting them coverage from coercive motion in a cash laundering case.

    Issuing a understand to NewsClick and its editor-in-chief Prabir Purkayastha, Justice Saurabh Banerjee seen that prima facie, the investigation company’s submissions for holiday of meantime coverage have advantage and require deliberation.

    The appliance is a part of the continuing court cases on a petition by means of the portal looking for a duplicate of the Enforcement Case Knowledge Record (ECIR) lodged by means of the ED within the case.

    The ED suggest stated new subject matter has been unearthed, revealing the fee of the offence of cash laundering.

    He additionally stated the petition was once no longer maintainable because the ECIR is an interior report that can not be provided and the petitioners can not “piggyback” at the meantime aid.

    It is a felony conspiracy for “paid information” the place crores of rupees have are available violation of regulations, the ED’s suggest submitted.

    “Prima facie, within the opinion of this courtroom, the above competition has advantage and calls for deliberation. In view thereof, factor understand,” Justice Banerjee stated and indexed the topic for additional listening to on September 6.

    ALSO READ | NewsClick: ED probes Prakash Karat-billionaire Singham e-mail exchanges, budget switch to reporters

    Recommend for the petitioners stated there was once no urgency within the topic.

    Within the utility for holiday of the meantime order, the ED stated the Ultimate Courtroom has deprecated the apply of “blanket no coercive motion” orders and such orders throughout the process investigation just about quantity to granting anticipatory bail to the accused.

    “Since ECIR can now not be supplied to the accused and as for grant of anticipatory bail the dual stipulations of Phase 45 (PMLA) are required to be complied (with), the continuation of meantime coverage to the accused petitioner just about quantities to grant of anticipatory bail in a PMLA case with out the delight of the dual stipulations.

    Subsequently, the orders dated 21.06.2021 and 29.07.2021 granting meantime coverage will have to be vacated on the earliest in view of the settled place of legislation,” the ED utility stated.

    On June 21 closing 12 months, the Top Courtroom directed the ED to not take any coercive motion towards NewsClick and Purkayastha in reference to the cash laundering case.

    The meantime coverage was once additional prolonged on July 29, 2021.

    The ED initiated its probe at the foundation of a Delhi Police FIR and has carried out searches at the premises of NewsClick and a number of other different puts in reference to the cash gained from in a foreign country.

    In step with the FIR, the petitioner corporate, PPK Newsclick Studio Non-public Restricted, gained overseas direct funding (FDI) to the track of Rs 9.59 crore from International Media Holdings LLC USA throughout 2018-19.

    It alleged that the funding was once made by means of a great deal overvaluing the stocks of the petitioner corporate to steer clear of the 26 in keeping with cent FDI cap in a virtual information site.

    It was once additional alleged that over 45 in keeping with cent of this funding was once diverted or siphoned off for the cost of wage/consultancy, hire and different bills.

    Subsequently, it’s alleged that the corporate has violated FDI and different regulations of the rustic and led to a loss to the federal government exchequer.

    NEW DELHI: The Delhi Top Courtroom on Friday sought the stand of stories portal NewsClick and its editor-in-chief on a plea by means of the Enforcement Directorate (ED) looking for holiday of an previous order granting them coverage from coercive motion in a cash laundering case.

    Issuing a understand to NewsClick and its editor-in-chief Prabir Purkayastha, Justice Saurabh Banerjee seen that prima facie, the investigation company’s submissions for holiday of meantime coverage have advantage and require deliberation.

    The appliance is a part of the continuing court cases on a petition by means of the portal looking for a duplicate of the Enforcement Case Knowledge Record (ECIR) lodged by means of the ED within the case.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    The ED suggest stated new subject matter has been unearthed, revealing the fee of the offence of cash laundering.

    He additionally stated the petition was once no longer maintainable because the ECIR is an interior report that can not be provided and the petitioners can not “piggyback” at the meantime aid.

    It is a felony conspiracy for “paid information” the place crores of rupees have are available violation of regulations, the ED’s suggest submitted.

    “Prima facie, within the opinion of this courtroom, the above competition has advantage and calls for deliberation. In view thereof, factor understand,” Justice Banerjee stated and indexed the topic for additional listening to on September 6.

    ALSO READ | NewsClick: ED probes Prakash Karat-billionaire Singham e-mail exchanges, budget switch to reporters

    Recommend for the petitioners stated there was once no urgency within the topic.

    Within the utility for holiday of the meantime order, the ED stated the Ultimate Courtroom has deprecated the apply of “blanket no coercive motion” orders and such orders throughout the process investigation just about quantity to granting anticipatory bail to the accused.

    “Since ECIR can now not be supplied to the accused and as for grant of anticipatory bail the dual stipulations of Phase 45 (PMLA) are required to be complied (with), the continuation of meantime coverage to the accused petitioner just about quantities to grant of anticipatory bail in a PMLA case with out the delight of the dual stipulations.

    Subsequently, the orders dated 21.06.2021 and 29.07.2021 granting meantime coverage will have to be vacated on the earliest in view of the settled place of legislation,” the ED utility stated.

    On June 21 closing 12 months, the Top Courtroom directed the ED to not take any coercive motion towards NewsClick and Purkayastha in reference to the cash laundering case.

    The meantime coverage was once additional prolonged on July 29, 2021.

    The ED initiated its probe at the foundation of a Delhi Police FIR and has carried out searches at the premises of NewsClick and a number of other different puts in reference to the cash gained from in a foreign country.

    In step with the FIR, the petitioner corporate, PPK Newsclick Studio Non-public Restricted, gained overseas direct funding (FDI) to the track of Rs 9.59 crore from International Media Holdings LLC USA throughout 2018-19.

    It alleged that the funding was once made by means of a great deal overvaluing the stocks of the petitioner corporate to steer clear of the 26 in keeping with cent FDI cap in a virtual information site.

    It was once additional alleged that over 45 in keeping with cent of this funding was once diverted or siphoned off for the cost of wage/consultancy, hire and different bills.

    Subsequently, it’s alleged that the corporate has violated FDI and different regulations of the rustic and led to a loss to the federal government exchequer.

  • Delhi HC lets in Tihar Prison government’ plea to nearly produce Yasin Malik

    Categorical Information Provider

    NEW DELHI: The Delhi Prime Court docket on Friday accredited the Tihar Prison government to nearly provide convicted Kashmiri separatist Yasin Malik sooner than the courtroom within the Nationwide Investigation Company (NIA) probing case in search of the demise penalty for Malik in an apprehension investment case. 

    A bench headed through Justice Siddharth Mridul mentioned the Jammu and Kashmir Liberation Entrance leader, who’s right now serving a lifestyles time period within the case, don’t need to be produced in particular person and changed an previous order in search of his bodily presence whilst permitting an utility through the prison superintendent bringing up safety considerations.

    “In view of the topic, the order dated Would possibly 29, 2023 is essentially changed to the level that the prison superintendent is directed to provide Yasin Malik within the provide attraction thru video conferencing by myself on August 9 and now not in particular person,” ordered the bench, additionally comprising Justice Anish Dayal.

    Previous on Would possibly 29, the courtroom issued warrants for the manufacturing of Malik, who’s right now serving a lifestyles time period within the case in Tihar prison, on August 9 when NIA’s plea for enhancement of sentence is indexed for listening to.

    The Delhi executive status suggest knowledgeable the courtroom there was once an order through the President directing that Malik can’t be “moved from the Tihar Prison”.

    The Ultimate Court docket additionally expressed its displeasure when he just lately gave the impression sooner than it in particular person, he added.

    Within the utility, the prison government mentioned Malik was once a “very high-risk prisoner” and it was once crucial not to bodily produce him in courtroom to deal with public order and protection.

    Lately, the jailed separatist chief arrived on the Ultimate Court docket in reference to a kidnapping case towards him, prompting the Solicitor Normal of India Tushar Mehta to flag the ”severe safety lapse” to Union House Secretary Ajay Kumar Bhalla.

    Malik gave the impression sooner than the highest courtroom bench on July 21 for the CBI’s attraction towards a September 20, 2022 order of a tribulation courtroom in Jammu within the 1989 kidnapping of Rubaiya Sayeed, the daughter of the Union house minister Mufti Mohammad Sayeed. He was once delivered to the high-security apex courtroom premises in a jail van escorted through armed safety team of workers with out the courtroom’s permission.

    On Would possibly 24, 2022, a tribulation courtroom right here awarded lifestyles imprisonment to Jammu Kashmir Liberation Entrance leader Malik after retaining him accountable for more than a few offences beneath the stringent Illegal Actions (Prevention) Act (UAPA) and the IPC.

    Malik had pleaded accountable to the costs, together with the ones beneath the UAPA, and he was once convicted and sentenced to lifestyles imprisonment.

    NEW DELHI: The Delhi Prime Court docket on Friday accredited the Tihar Prison government to nearly provide convicted Kashmiri separatist Yasin Malik sooner than the courtroom within the Nationwide Investigation Company (NIA) probing case in search of the demise penalty for Malik in an apprehension investment case. 

    A bench headed through Justice Siddharth Mridul mentioned the Jammu and Kashmir Liberation Entrance leader, who’s right now serving a lifestyles time period within the case, don’t need to be produced in particular person and changed an previous order in search of his bodily presence whilst permitting an utility through the prison superintendent bringing up safety considerations.

    “In view of the topic, the order dated Would possibly 29, 2023 is essentially changed to the level that the prison superintendent is directed to provide Yasin Malik within the provide attraction thru video conferencing by myself on August 9 and now not in particular person,” ordered the bench, additionally comprising Justice Anish Dayal.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    Previous on Would possibly 29, the courtroom issued warrants for the manufacturing of Malik, who’s right now serving a lifestyles time period within the case in Tihar prison, on August 9 when NIA’s plea for enhancement of sentence is indexed for listening to.

    The Delhi executive status suggest knowledgeable the courtroom there was once an order through the President directing that Malik can’t be “moved from the Tihar Prison”.

    The Ultimate Court docket additionally expressed its displeasure when he just lately gave the impression sooner than it in particular person, he added.

    Within the utility, the prison government mentioned Malik was once a “very high-risk prisoner” and it was once crucial not to bodily produce him in courtroom to deal with public order and protection.

    Lately, the jailed separatist chief arrived on the Ultimate Court docket in reference to a kidnapping case towards him, prompting the Solicitor Normal of India Tushar Mehta to flag the ”severe safety lapse” to Union House Secretary Ajay Kumar Bhalla.

    Malik gave the impression sooner than the highest courtroom bench on July 21 for the CBI’s attraction towards a September 20, 2022 order of a tribulation courtroom in Jammu within the 1989 kidnapping of Rubaiya Sayeed, the daughter of the Union house minister Mufti Mohammad Sayeed. He was once delivered to the high-security apex courtroom premises in a jail van escorted through armed safety team of workers with out the courtroom’s permission.

    On Would possibly 24, 2022, a tribulation courtroom right here awarded lifestyles imprisonment to Jammu Kashmir Liberation Entrance leader Malik after retaining him accountable for more than a few offences beneath the stringent Illegal Actions (Prevention) Act (UAPA) and the IPC.

    Malik had pleaded accountable to the costs, together with the ones beneath the UAPA, and he was once convicted and sentenced to lifestyles imprisonment.

  • Delhi HC anticipated to decide on PIL towards withdrawal of Rs 2,000 banknotes on Monday

    By means of PTI

    NEW DELHI: The Delhi Top Court docket is prone to pronounce on Monday its order on a public hobby litigation (PIL) difficult the RBI’s resolution to withdraw Rs 2,000 denomination banknotes from movement.

    A bench of Leader Justice Satish Chandra Sharma and Justice Subramonium Prasad had reserved its order at the PIL on Might 30 after listening to the counsels for the petitioner and the RBI.

    Petitioner Rajneesh Bhaskar Gupta has contended that the Reserve Financial institution of India (RBI) has no energy to withdraw Rs 2,000 foreign money notes from movement and simplest the Centre can have taken a choice on this regard.

    In his petition, the petitioner submitted that the RBI has no unbiased energy to direct the non-issue or discontinuance of the problem of banknotes of any denominational values and this energy is vested simplest with the Centre underneath segment 24 (2) of the RBI Act, 1934.

    In regards to the prime courtroom’s Might 29 judgment on a PIL which had challenged the notifications by way of the RBI and SBI enabling the alternate of Rs 2,000 banknotes with out requisition slip and id evidence, Agarwal had mentioned that was once an absolutely other challenge.

    The plea was once hostile by way of the RBI which mentioned it was once simplest retreating Rs 2,000 notes from movement which was once a “foreign money control workout” and an issue of financial coverage.

    Previous, the prime courtroom had disregarded the plea by way of legal professional Ashwini Kumar Upadhyay, which claimed notifications by way of the RBI and SBI enabling the alternate of Rs 2,000 banknotes with out evidence have been arbitrary and towards the regulations enacted to curb corruption, pronouncing it’s been accomplished to steer clear of inconvenience to electorate and the courtroom can’t sit down as an appellate authority on a coverage resolution.

    The prime courtroom has maintained it can’t be mentioned that the federal government’s resolution is perverse or arbitrary or it encourages black cash, cash laundering, profiteering or abets corruption.

    The moment petition said that the RBI notification gave no different reason why aside from “blank observe coverage” for the “giant arbitrary resolution of retreating the Rs 2,000 denomination banknotes from movement with out research of the predicted issues of the general public at huge”.

    “RBI has no longer cleared up to now what’s the receive advantages to the RBI or Nationwide Financial system after retreating the denomination of Rs 2000 banknote from movement, then again, the hardship to the citizen of the rustic could be very widely recognized and noticed right through the demonetisation of denomination of Rs 500 and Rs 1,000 within the yr 2016 and withdrawn of Rs 2000 isn’t a lot other from earlier demonetization,” the plea mentioned.

    The banknotes in Rs 2,000 denomination will proceed to be a felony soft, the RBI mentioned in a observation.

    In an effort to make sure that operational comfort and to steer clear of disruption of standard actions of financial institution branches, the RBI has mentioned the alternate of Rs 2,000 financial institution notes into banknotes of alternative denominations can also be made as much as a prohibit of Rs 20,000 at a time at any financial institution ranging from Might 23.

    In a verbal exchange to the manager basic supervisor of all its native head workplaces, the State Financial institution of India (SBI) knowledgeable that the power of alternate of Rs 2,000 notes by way of the general public as much as a prohibit of Rs 20,000 at a time shall be allowed with out acquiring any requisition slip.

    “Additional, no id evidence is needed to be submitted by way of the tenderer on the time of alternate,” the verbal exchange dated Might 20 mentioned.

    NEW DELHI: The Delhi Top Court docket is prone to pronounce on Monday its order on a public hobby litigation (PIL) difficult the RBI’s resolution to withdraw Rs 2,000 denomination banknotes from movement.

    A bench of Leader Justice Satish Chandra Sharma and Justice Subramonium Prasad had reserved its order at the PIL on Might 30 after listening to the counsels for the petitioner and the RBI.

    Petitioner Rajneesh Bhaskar Gupta has contended that the Reserve Financial institution of India (RBI) has no energy to withdraw Rs 2,000 foreign money notes from movement and simplest the Centre can have taken a choice on this regard.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    In his petition, the petitioner submitted that the RBI has no unbiased energy to direct the non-issue or discontinuance of the problem of banknotes of any denominational values and this energy is vested simplest with the Centre underneath segment 24 (2) of the RBI Act, 1934.

    In regards to the prime courtroom’s Might 29 judgment on a PIL which had challenged the notifications by way of the RBI and SBI enabling the alternate of Rs 2,000 banknotes with out requisition slip and id evidence, Agarwal had mentioned that was once an absolutely other challenge.

    The plea was once hostile by way of the RBI which mentioned it was once simplest retreating Rs 2,000 notes from movement which was once a “foreign money control workout” and an issue of financial coverage.

    Previous, the prime courtroom had disregarded the plea by way of legal professional Ashwini Kumar Upadhyay, which claimed notifications by way of the RBI and SBI enabling the alternate of Rs 2,000 banknotes with out evidence have been arbitrary and towards the regulations enacted to curb corruption, pronouncing it’s been accomplished to steer clear of inconvenience to electorate and the courtroom can’t sit down as an appellate authority on a coverage resolution.

    The prime courtroom has maintained it can’t be mentioned that the federal government’s resolution is perverse or arbitrary or it encourages black cash, cash laundering, profiteering or abets corruption.

    The moment petition said that the RBI notification gave no different reason why aside from “blank observe coverage” for the “giant arbitrary resolution of retreating the Rs 2,000 denomination banknotes from movement with out research of the predicted issues of the general public at huge”.

    “RBI has no longer cleared up to now what’s the receive advantages to the RBI or Nationwide Financial system after retreating the denomination of Rs 2000 banknote from movement, then again, the hardship to the citizen of the rustic could be very widely recognized and noticed right through the demonetisation of denomination of Rs 500 and Rs 1,000 within the yr 2016 and withdrawn of Rs 2000 isn’t a lot other from earlier demonetization,” the plea mentioned.

    The banknotes in Rs 2,000 denomination will proceed to be a felony soft, the RBI mentioned in a observation.

    In an effort to make sure that operational comfort and to steer clear of disruption of standard actions of financial institution branches, the RBI has mentioned the alternate of Rs 2,000 financial institution notes into banknotes of alternative denominations can also be made as much as a prohibit of Rs 20,000 at a time at any financial institution ranging from Might 23.

    In a verbal exchange to the manager basic supervisor of all its native head workplaces, the State Financial institution of India (SBI) knowledgeable that the power of alternate of Rs 2,000 notes by way of the general public as much as a prohibit of Rs 20,000 at a time shall be allowed with out acquiring any requisition slip.

    “Additional, no id evidence is needed to be submitted by way of the tenderer on the time of alternate,” the verbal exchange dated Might 20 mentioned.

  • Delhi HC lets in Prannoy, Radhika Roy to commute out of the country, says there is not any flight chance

    Via PTI

    NEW DELHI: The Delhi Prime Court docket Tuesday granted permission to NDTV founders Prannoy Roy and his spouse Radhika Roy to commute out of the country for 3 weeks for industry function and private causes.

    Justice Prathiba M Singh stated owing to the pro status of the petitioners, they don’t pose a flight chance and are accredited to commute out of the country from July 25 to August 15.

    The top courtroom allowed them to talk over with the UK after pleasing important stipulations imposed via the courtroom prior to the registrar.

    It additionally requested them to offer main points in their itinerary to the registrar of the top courtroom.

    The Roys filed the appliance in a pending petition wherein they have got challenged the lookout round opened towards them on the behest of the Central Bureau of Investigation (CBI) pursuant to accommodation of 2 FIRs over alleged corruption.

    Their suggest submitted they need to commute out of the country for industry and private causes, together with a talk over with to Prannoy Roy’s brother.

    The plea was once hostile via the suggest for the government at the flooring that investigation was once pending towards each the petitioners.

    Justice Singh famous that the Roys have been additionally accredited to commute out of the country ultimate 12 months via a coordinate bench of the top courtroom.

    NEW DELHI: The Delhi Prime Court docket Tuesday granted permission to NDTV founders Prannoy Roy and his spouse Radhika Roy to commute out of the country for 3 weeks for industry function and private causes.

    Justice Prathiba M Singh stated owing to the pro status of the petitioners, they don’t pose a flight chance and are accredited to commute out of the country from July 25 to August 15.

    The top courtroom allowed them to talk over with the UK after pleasing important stipulations imposed via the courtroom prior to the registrar.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    It additionally requested them to offer main points in their itinerary to the registrar of the top courtroom.

    The Roys filed the appliance in a pending petition wherein they have got challenged the lookout round opened towards them on the behest of the Central Bureau of Investigation (CBI) pursuant to accommodation of 2 FIRs over alleged corruption.

    Their suggest submitted they need to commute out of the country for industry and private causes, together with a talk over with to Prannoy Roy’s brother.

    The plea was once hostile via the suggest for the government at the flooring that investigation was once pending towards each the petitioners.

    Justice Singh famous that the Roys have been additionally accredited to commute out of the country ultimate 12 months via a coordinate bench of the top courtroom.

  • ED certain by means of no coercive motion stand towards D Okay Shivakumar: Delhi HC

    By way of PTI

    NEW DELHI: The Delhi Top Court docket on Tuesday stated the Enforcement Directorate (ED) can be “certain” by means of its stand that there can be no coercive motion at this degree towards D Okay Shivakumar because it deferred listening to at the Karnataka Congress leader’s petition towards a cash laundering probe by means of the company.

    The Congress chief had moved the prime courtroom closing 12 months searching for the quashing of all of the investigation together with summons issued to him within the Enforcement Case Data Report (ECIR) registered by means of the ED in 2020 following an alleged disproportionate property case.

    Suggest for the investigating company sought an adjournment at the flooring of the non-availability of Further Solicitor Basic (ASG) S V Raju and emphasized that the petitioner was once anyway “secure” in view of the stand taken by means of the company within the complaints.

    ED’s attorney stated the ASG was once now not in Delhi and prayed for the “shortest lodging imaginable”. No matter was once the “association”, will proceed, he stated.

    Whilst asking the company to state a date on which the ASG can be to be had for the listening to, a bench headed by means of Justice Mukta Gupta stated, “Within the intervening time, the respondent can be certain by means of the directions given to discovered ASG with reference to no coercive motion”.

    “Adjournment slip is moved because of the truth that discovered ASG isn’t to be had. Renotify the date on which it’s said that the discovered ASG can be to be had,” said the bench additionally comprising Justice Poonam A Bamba.

    The case was once indexed for listening to subsequent on Would possibly 18.

    In his petition, Shivakumar has assailed the cash laundering probe towards him on a number of grounds together with that the company was once re-investigating the similar offence which it had already investigated in a prior case lodged by means of it in 2018.

    In its submissions filed via attorneys Mayank Jain, Parmatma Singh and Madhur Jain, the Congress chief has stated that the existing investigation constituted a 2d set of complaints towards him and was once an abuse of technique of legislation and a malafide workout of energy.

    The senior suggest on his behalf has previous argued that the cash laundering probe initiated towards him following a disproportionate property case can’t be sustained and the ED was once taking motion after looking ahead to two years as a result of the approaching state elections in Would possibly.

    It was once additionally said that neither there was once any attachment of assets within the case nor there have been any proceeds of crime in the case of the Prevention of Cash Laundering Act.

    “All of the side of disproportionate property allegedly bought by means of the petitioner when he was once minister/MLA within the state of Karnataka was once totally investigated by means of the respondent within the first ECIR and thus, the initiation of separate complaints at the identical set of info and elements of the offence is impermissible in legislation and quantities to malafide workout of energy by means of the respondent,” the plea has stated.

    “The graduation of unpolluted complaints beneath the PMLA on equivalent info and masking the similar length is “without delay infringing the rights assured beneath the Charter extra specifically Article 20(2) and Article 21”, the plea has added.

    The ED has antagonistic the petition at the flooring that the 2 ECIRs lodged by means of the company pertain to other circumstances with sure overlapping of info which can’t be termed as re-investigation.

    The company has stated in its counter affidavit that the 2 ECIRs towards the petitioner are according to other set of info or even the scheduled offence in each the circumstances are other and the quantum of proceeds of crime concerned may be other.

    “The allegation made within the grievance of the Source of revenue Tax division and FIR of CBI depict other modes of technology of the crime proceeds and that position of various accused individuals might come into gentle, thus the petitioner can’t declare that he has already been investigated of the similar offence,” the affidavit has stated.

    The ED, in its answer, has additional stated that as in line with the primary ECIR, the scheduled offence is phase 120B IPC and the quantum of proceeds of crime recorded in it’s Rs 8.59 crore.

    While, the existing ECIR associated with disproportionate property to the song of Rs 74.93 crore and emanates from a special FIR of CBI lodged in Bengaluru on October 3, 2020 beneath the Prevention of Corruption Act, it has said.

    The company has stated that at the foundation of initial inquiry finished by means of the CBI, ACB, Bengaluru, it was once discovered that Shivakumar and his circle of relatives are in alleged ownership of disproportionate property of the recognized supply of source of revenue throughout the take a look at length April 1, 2013 to April 30, 2018.

    The ED has added it’s smartly settled that on the degree of investigation, it’s untimely to take the plea of double jeopardy and that it’s wholly impermissible in a petition difficult the constitutional validity of sure provisions of the particular act to go the meantime orders within the nature of ultimate anticipatory bail.

    NEW DELHI: The Delhi Top Court docket on Tuesday stated the Enforcement Directorate (ED) can be “certain” by means of its stand that there can be no coercive motion at this degree towards D Okay Shivakumar because it deferred listening to at the Karnataka Congress leader’s petition towards a cash laundering probe by means of the company.

    The Congress chief had moved the prime courtroom closing 12 months searching for the quashing of all of the investigation together with summons issued to him within the Enforcement Case Data Report (ECIR) registered by means of the ED in 2020 following an alleged disproportionate property case.

    Suggest for the investigating company sought an adjournment at the flooring of the non-availability of Further Solicitor Basic (ASG) S V Raju and emphasized that the petitioner was once anyway “secure” in view of the stand taken by means of the company within the complaints.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    ED’s attorney stated the ASG was once now not in Delhi and prayed for the “shortest lodging imaginable”. No matter was once the “association”, will proceed, he stated.

    Whilst asking the company to state a date on which the ASG can be to be had for the listening to, a bench headed by means of Justice Mukta Gupta stated, “Within the intervening time, the respondent can be certain by means of the directions given to discovered ASG with reference to no coercive motion”.

    “Adjournment slip is moved because of the truth that discovered ASG isn’t to be had. Renotify the date on which it’s said that the discovered ASG can be to be had,” said the bench additionally comprising Justice Poonam A Bamba.

    The case was once indexed for listening to subsequent on Would possibly 18.

    In his petition, Shivakumar has assailed the cash laundering probe towards him on a number of grounds together with that the company was once re-investigating the similar offence which it had already investigated in a prior case lodged by means of it in 2018.

    In its submissions filed via attorneys Mayank Jain, Parmatma Singh and Madhur Jain, the Congress chief has stated that the existing investigation constituted a 2d set of complaints towards him and was once an abuse of technique of legislation and a malafide workout of energy.

    The senior suggest on his behalf has previous argued that the cash laundering probe initiated towards him following a disproportionate property case can’t be sustained and the ED was once taking motion after looking ahead to two years as a result of the approaching state elections in Would possibly.

    It was once additionally said that neither there was once any attachment of assets within the case nor there have been any proceeds of crime in the case of the Prevention of Cash Laundering Act.

    “All of the side of disproportionate property allegedly bought by means of the petitioner when he was once minister/MLA within the state of Karnataka was once totally investigated by means of the respondent within the first ECIR and thus, the initiation of separate complaints at the identical set of info and elements of the offence is impermissible in legislation and quantities to malafide workout of energy by means of the respondent,” the plea has stated.

    “The graduation of unpolluted complaints beneath the PMLA on equivalent info and masking the similar length is “without delay infringing the rights assured beneath the Charter extra specifically Article 20(2) and Article 21”, the plea has added.

    The ED has antagonistic the petition at the flooring that the 2 ECIRs lodged by means of the company pertain to other circumstances with sure overlapping of info which can’t be termed as re-investigation.

    The company has stated in its counter affidavit that the 2 ECIRs towards the petitioner are according to other set of info or even the scheduled offence in each the circumstances are other and the quantum of proceeds of crime concerned may be other.

    “The allegation made within the grievance of the Source of revenue Tax division and FIR of CBI depict other modes of technology of the crime proceeds and that position of various accused individuals might come into gentle, thus the petitioner can’t declare that he has already been investigated of the similar offence,” the affidavit has stated.

    The ED, in its answer, has additional stated that as in line with the primary ECIR, the scheduled offence is phase 120B IPC and the quantum of proceeds of crime recorded in it’s Rs 8.59 crore.

    While, the existing ECIR associated with disproportionate property to the song of Rs 74.93 crore and emanates from a special FIR of CBI lodged in Bengaluru on October 3, 2020 beneath the Prevention of Corruption Act, it has said.

    The company has stated that at the foundation of initial inquiry finished by means of the CBI, ACB, Bengaluru, it was once discovered that Shivakumar and his circle of relatives are in alleged ownership of disproportionate property of the recognized supply of source of revenue throughout the take a look at length April 1, 2013 to April 30, 2018.

    The ED has added it’s smartly settled that on the degree of investigation, it’s untimely to take the plea of double jeopardy and that it’s wholly impermissible in a petition difficult the constitutional validity of sure provisions of the particular act to go the meantime orders within the nature of ultimate anticipatory bail.

  • Migrant staff’ factor in TN: Delhi HC grants transit anticipatory bail to legal professional to way Chennai court docket

    Through PTI

    NEW DELHI: The Delhi Prime Court docket Tuesday granted transit anticipatory bail until March 20 to a legal professional to way a Chennai court docket in an FIR lodged by way of the Tamil Nadu Police for allegedly giving false data claiming assaults on migrant staff within the state.

    The Prime Court docket granted reduction to Prashant Kumar Umrao, a legal professional, whose verified Twitter deal with says he’s a spokesperson for Uttar Pradesh BJP, for 13 days and requested him to furnish his everlasting deal with and cell quantity to the suggest for the State of Tamil Nadu and percentage his are living Google pin location.

    “I’m of the view that the applicant will have to be granted affordable time to way the involved territorial court docket. The applying is permitted. He’s granted transit anticipatory bail until March 20 to way the competent territorial court docket,” Justice Jasmeet Singh mentioned.

    The FIR has been lodged in opposition to Umrao underneath quite a lot of sections of the IPC, together with the ones for provocation with intent to purpose a insurrection, selling enmity and hatred, frightening breach of peace and commentary resulting in public mischief, police mentioned.

    Tamil Nadu’s Thoothukudi Central Police Station has filed the FIR.

    Advocates Kushal Kumar and Harsh Ahuja, representing Umrao, submitted sooner than the court docket that he has a fear of being arrested within the case and calls for a cheap time to way the territorial jurisdictional court docket looking for bail.

    First of all, the petitioner’s suggest sought reduction for 12 weeks.

    Then again, the court docket mentioned it can not give it for see you later and it will probably handiest grant the anticipatory bail for the time to permit him to visit Chennai and way the court docket involved.

    “A minimum of give me six to 8 weeks. I’m being witch-hunted. I’m a tender legal professional with a tradition of handiest six years,” Kumar submitted on behalf of Umrao.

    The suggest claimed that on Monday police government known as up his clerk to a few position on some pretext and compelled him to divulge the whereabouts of Umrao.

    Senior advocates Sanjay Hedge and Joseph Aristotle, showing for the State of Tamil Nadu, mentioned Umrao has been allegedly tweeting false data and later deleting it.

    The suggest argued that the allegations in opposition to the petitioner are grave and there can also be not anything extra anti-national than this as he was once looking to “wreck” India.

    They additional mentioned there are direct flights to Trivandrum and one-stop over flights to Thoothukudi, therefore he will have to have immediately approached the territorial jurisdictional court docket as an alternative of shifting the plea sooner than the Delhi Prime Court docket.

    Umrao, in his petition filed additionally via advocates Vishal Rai and Aditya Kapoor, claimed the FIR has been wrongly registered in opposition to him within the aftermath of sure tweets which he posted on Twitter in response to the scoop coated by way of nationwide information businesses.

    “The applicant (Umrao) handiest won wisdom of the mentioned FIR via a press unencumber of respondent no.1 (state of Tamil Nadu) and a number of other information articles that have been not too long ago printed overlaying the motion initiated by way of respondent no.1 according to an identical tweets and information articles,” the plea mentioned.

    The petition mentioned it’s transparent that the provisions underneath which the FIR has been registered in opposition to Umrao don’t seem to be even prima facie attracted within the provide case, and he’s simply being made a ‘scapegoat’.

    “The applicant is a sufferer of political competition as he’s related to a unique political birthday party. The applicant intends to avail his criminal treatments underneath Segment 438 of the CrPC.sooner than the courts in Tamil Nadu having jurisdiction within the matter FIR, alternatively, he’s having grave apprehension that sooner than he may just avail such criminal treatments, he can be arrested by way of the Tamil Nadu police in reference to the FIR,” it mentioned.

    The Tamil Nadu police mentioned on March 4 that circumstances had been filed in opposition to a number of other folks, together with newshounds, for allegedly spreading false data claiming assaults on migrant staff within the state.

    Police mentioned particular groups had been shaped underneath the orders of the Director Basic of Police and that migrant staff of Hindi-speaking states reside in peace in Tamil Nadu with security and safety and with out concern.

    The petition mentioned on March 4, the state police printed a press unencumber informing about motion being taken in opposition to individuals who printed sure data associated with migrant labourers being attacked in Tamil Nadu and a case has been registered in opposition to the applicant underneath quite a lot of sections of the IPC.

    “In view of the click unencumber, registration of FIR in opposition to the applicant and next motion of respondent no.1, the applicant is critically apprehending arrest within the matter FIR. The applicant is a resident of NCT of Delhi and is a working towards legal professional sooner than the courts in Delhi. He’s a member of the Delhi Prime Court docket Bar Affiliation. He’s additionally serving as status suggest for the State of Goa sooner than the Superb Court docket,” it mentioned.

    It mentioned if he’s arrested with none affordable alternative to avail his criminal treatments owing to his place of dwelling in Delhi, the space and quite a lot of different elements together with the requirement and time to search for and have interaction a suggest in Tamil Nadu, the precise to liberty assured underneath Article 21 of the Charter would stand violated by the hands of the state government.

    NEW DELHI: The Delhi Prime Court docket Tuesday granted transit anticipatory bail until March 20 to a legal professional to way a Chennai court docket in an FIR lodged by way of the Tamil Nadu Police for allegedly giving false data claiming assaults on migrant staff within the state.

    The Prime Court docket granted reduction to Prashant Kumar Umrao, a legal professional, whose verified Twitter deal with says he’s a spokesperson for Uttar Pradesh BJP, for 13 days and requested him to furnish his everlasting deal with and cell quantity to the suggest for the State of Tamil Nadu and percentage his are living Google pin location.

    “I’m of the view that the applicant will have to be granted affordable time to way the involved territorial court docket. The applying is permitted. He’s granted transit anticipatory bail until March 20 to way the competent territorial court docket,” Justice Jasmeet Singh mentioned.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    The FIR has been lodged in opposition to Umrao underneath quite a lot of sections of the IPC, together with the ones for provocation with intent to purpose a insurrection, selling enmity and hatred, frightening breach of peace and commentary resulting in public mischief, police mentioned.

    Tamil Nadu’s Thoothukudi Central Police Station has filed the FIR.

    Advocates Kushal Kumar and Harsh Ahuja, representing Umrao, submitted sooner than the court docket that he has a fear of being arrested within the case and calls for a cheap time to way the territorial jurisdictional court docket looking for bail.

    First of all, the petitioner’s suggest sought reduction for 12 weeks.

    Then again, the court docket mentioned it can not give it for see you later and it will probably handiest grant the anticipatory bail for the time to permit him to visit Chennai and way the court docket involved.

    “A minimum of give me six to 8 weeks. I’m being witch-hunted. I’m a tender legal professional with a tradition of handiest six years,” Kumar submitted on behalf of Umrao.

    The suggest claimed that on Monday police government known as up his clerk to a few position on some pretext and compelled him to divulge the whereabouts of Umrao.

    Senior advocates Sanjay Hedge and Joseph Aristotle, showing for the State of Tamil Nadu, mentioned Umrao has been allegedly tweeting false data and later deleting it.

    The suggest argued that the allegations in opposition to the petitioner are grave and there can also be not anything extra anti-national than this as he was once looking to “wreck” India.

    They additional mentioned there are direct flights to Trivandrum and one-stop over flights to Thoothukudi, therefore he will have to have immediately approached the territorial jurisdictional court docket as an alternative of shifting the plea sooner than the Delhi Prime Court docket.

    Umrao, in his petition filed additionally via advocates Vishal Rai and Aditya Kapoor, claimed the FIR has been wrongly registered in opposition to him within the aftermath of sure tweets which he posted on Twitter in response to the scoop coated by way of nationwide information businesses.

    “The applicant (Umrao) handiest won wisdom of the mentioned FIR via a press unencumber of respondent no.1 (state of Tamil Nadu) and a number of other information articles that have been not too long ago printed overlaying the motion initiated by way of respondent no.1 according to an identical tweets and information articles,” the plea mentioned.

    The petition mentioned it’s transparent that the provisions underneath which the FIR has been registered in opposition to Umrao don’t seem to be even prima facie attracted within the provide case, and he’s simply being made a ‘scapegoat’.

    “The applicant is a sufferer of political competition as he’s related to a unique political birthday party. The applicant intends to avail his criminal treatments underneath Segment 438 of the CrPC.sooner than the courts in Tamil Nadu having jurisdiction within the matter FIR, alternatively, he’s having grave apprehension that sooner than he may just avail such criminal treatments, he can be arrested by way of the Tamil Nadu police in reference to the FIR,” it mentioned.

    The Tamil Nadu police mentioned on March 4 that circumstances had been filed in opposition to a number of other folks, together with newshounds, for allegedly spreading false data claiming assaults on migrant staff within the state.

    Police mentioned particular groups had been shaped underneath the orders of the Director Basic of Police and that migrant staff of Hindi-speaking states reside in peace in Tamil Nadu with security and safety and with out concern.

    The petition mentioned on March 4, the state police printed a press unencumber informing about motion being taken in opposition to individuals who printed sure data associated with migrant labourers being attacked in Tamil Nadu and a case has been registered in opposition to the applicant underneath quite a lot of sections of the IPC.

    “In view of the click unencumber, registration of FIR in opposition to the applicant and next motion of respondent no.1, the applicant is critically apprehending arrest within the matter FIR. The applicant is a resident of NCT of Delhi and is a working towards legal professional sooner than the courts in Delhi. He’s a member of the Delhi Prime Court docket Bar Affiliation. He’s additionally serving as status suggest for the State of Goa sooner than the Superb Court docket,” it mentioned.

    It mentioned if he’s arrested with none affordable alternative to avail his criminal treatments owing to his place of dwelling in Delhi, the space and quite a lot of different elements together with the requirement and time to search for and have interaction a suggest in Tamil Nadu, the precise to liberty assured underneath Article 21 of the Charter would stand violated by the hands of the state government.