New Delhi Mar 31 PTI The Delhi High Court on Thursday refused to entertain a public interest litigation seeking a direction to the central government to award Bharat Ratan to industrialist Ratan TataA bench headed by Acting Chief Justice Vipin Sanghi stated that it was not for the court to direct the authorities to award the highest civilian honour to a personWhat kind of a petition is this Is this for the court to direct the government to award Bharat Ratan said the bench also comprising Justice Navin ChawlaThe counsel for the petitioner urged the court to at least request the governmentGo make the request Where is the question of the court stepping in said the Acting Chief JusticeThe counsel for the petitioner withdrew he petition after the court said that it would dismiss the same with costsThe petitioner -- Rakesh who claimed to be a social worker said in his plea that Ratan Tata deserves Bharat Ratan as he is serving the nation and has an unblemished lifeHe has led an exemplary life inspiring millions of career aspirants around the globe and has proved to be an excellent leader and a business owner the petition said PTI ADS SA

New Delhi Mar 30 PTI The Centre Wednesday told the Delhi High Court that an individuals liberty and freedom of cannot be waylaid or jettisoned in the slipstream of social and technological advancement and the social media platforms must respect the fundamental rights of the citizens and conform to the Constitution of India In an affidavit filed in response to a petition by a Twitter user against the suspension of his account by the micro-blogging platform the central government said that social media platforms should not take down the account itself or completely suspend it in all cases The centre explained that a platform may give prior notice to the user and seek removal of specific information or content that violates the platform policies or the applicable Information Technology Intermediaries guidelines Rules and only in cases where the majority of the contentspoststweets in a user account are unlawful the platform may take the extreme step of taking down the whole information or suspending the whole account It said that complete de-platforming is against the spirit of Articles 14 19 and 21 of the Constitution of India and if only some portion or content is unlawful the platform may take proportionate action of removing such alleged information alone and not completely suspend the user account The central government emphasised that a significant social media intermediary must be held accountable for subjugating and supplanting fundamental rights like the right to freedom of speech and expression else it would have dire consequences for any democratic nation The platforms must respect the fundamental rights of the citizens and should not take down the account itself or completely suspend the user account in all cases That the taking down the whole information or the user account should be a last resort and the platform may at all times endeavour to guard the users fundamental rights by following the principles of natural justice and afford reasonable time and opportunity to the user to explain his stand stated the affidavit filed by Ministry of Electronics and Information Technology MeitY through lawyer Manish Mohan SSMIs must be held accountable for subjugating and supplanting fundamental rights like the right to freedom of speech and expression otherwise the same would have dire consequences for any democratic nation It is humbly submitted that liberty and freedom of any individual cannot be waylaid or jettisoned in the slip stream of social and technological advancement it added Stating that it is the custodian of the users fundamental rights in the cyber space the Centre has said that a social media account can be suspended or de-platformed only in cases such as in the interest of sovereignty security and integrity of India friendly relations with foreign States or public order or pursuant to a court order or the content is grossly unlawful such as sexual abuse material etc In all other cases the user needs to be given a prior notice and a transparent process of natural justice including the right to approach the grievance officer of the platform and the suitable provision for appeals so as to ensure a transparent fair process that meets all the principles of natural justice Any complete deplatforming is against the spirit of Articles 14 19 and 21 of the Constitution of India that every citizen is entitled to the affidavit said In the considered view of the Answering Respondent if only some portion or few contents are unlawful then the platform may take proportionate action of removing such alleged information alone and not completely suspend the user account it added PTI ADS SA

New Delhi Jan 27 PTI The Delhi High Court Thursday asked the prison authorities here to provide adequate security in judicial custody to the co-accused of undertrial Ankit Gujjar who was found dead inside the jail premises last year Justice Anu Malhotra also asked Delhi Police to provide adequate security to the wife of the petitioner co-accused and directed that subject to the orders of the Chief Justice their petition which sought directions to restrain the jail officials from threatening coercing injuringextorting them be placed on March 4 before the judge dealing with the case concerning the custodial death of Gujjar Lawyer Mehmood Pracha appearing for the petitioners alleged that the petitioner-inmate is facing extortion at the hands of certain jail officials who are threatening him with a similar fate as Ankit Gujjar Gujjar 29 was found dead inside his cell in Tihar jail on August 4 last year The lawyer also submitted that the petitioners are being harassed to influence the Gujjars family to withdraw their complaint related to his death and extortion of money Counsel for the state said that there were no objections against granting adequate protection to the petitioners Counsel for the CBI said that investigation into Gujjars death and allegations of extortion were going on Gujjars family had moved the high court last year alleging that he was harassed by the jail officials as he was unable to meet their regularly increasing demands for money and was murdered as a part of a pre-planned conspiracy While transferring the probe into the death to the CBI Justice Mukta Gupta had opined that the deceased had lost his life to custodial violence Subsequently a petition was moved by the co-inmates of the deceased who were also victims of the same assault seeking protection and security The prison authority had then said that directions were in place to ensure the safety and security of witness inmates and they are being lodged in an area under CCTV surveillance PTI ADS SA

New Delhi Dec 21 PTI The Delhi High Court has sought the Centre and Delhi governments stand on a plea seeking upgradation of technology and infrastructure to monitor traffic violations and ensuring effective functioning A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice on a public interest litigation by Sonali Karwasra a lawyer and granted time to the respondents to file replies Learned counsel for respondents seek time to file counter affidavits Time as prayed for is granted Let counter affidavits be filed before the next date of hearing said the court in its order dated December 8 The petitioner claimed that there are several lacunae in the effective implementation of the traffic rules because of obsolete and outdated technologies used by the authorities to detect violations The technology used is not standardised and the same has led to various instances wherein hefty fines have been issued on the innocent due to faulty equipment and technology used by the traffic police The speed limit violation detection technology the drunken driving breath analysing technology and the red light violation technology are not in accordance with the changing times the petition stated The petition cited that due to technological errors more than 157 lakh challans issued for over speeding were called back in 2019 by the traffic department here Another such incident is where a person is slapped with four different challans for jumping one single red light The four challans are timed at a gap of one second three seconds and then one second It is unfathomable that a car can jump one red light four times within five seconds however the person slapped with this challan is left with no other option but to pay the challan online as no option for challenging the same in court is available on the website the petition claimed It is the common man who has to bear the brunt of lapses and irregularities when he is subjected to hefty fines it stated In the petition the petitioner prayed for a direction to the authorities to adopt the international standards in technology and provide appropriate training to the traffic police personnel A prayer is also made to direct the authorities to constitute a committee to re-assess the effectiveness of the technology in place The matter would be heard next on March 28 PTI ADS SA

New Delhi Dec 20 PTI The Delhi High Court has said that bank employees have the larger responsibility of ensuring the banking systems integrity as well as maintaining the trust of customers and therefore their reinstatement ought not be permitted when there is a loss of confidence due to misconduct Justice Prathiba M Singh while setting aside an industrial tribunals order rejecting the termination of a bank employee who allegedly transferred funds to his personal accounts stated that customers repose their faith in bank officials who enjoy a fiduciary relationship with them and even a suspicion of misconduct based on some evidence is sufficient to uphold their dismissal from service Once there is a loss of confidence that too by a bank qua one of its officials the standard on which such loss of faithconfidence is to be tested cannot be a very high standard Even a suspicion or doubt with some credibility or some evidence would be sufficient to objectively uphold the dismissal from service The Court cannot lose sight of the reality that customers who visit banks do develop friendly relationships with officials however such officials then have a larger duty and responsibility to safeguard their customers as well as the interests of the bank rather than to misuse their trust and faith in the banking system the court stated in its order dated December 17 The banking system is the backbone of any countrys economy Employees and officials working in banks clearly have a larger responsibility of ensuring the integrity of the banking system and maintaining the trust of the millions of customers who repose faith in them it added In the present case the respondent employee -- a single-window operator dealing with the Senior Citizens Saving Scheme was terminated by the State Bank of India in 2010 for allegedly making entries of customers in his personal accounts The industrial tribunal had set aside the termination on the ground that the bank had failed to discharge its burden to prove misconduct by the respondent through its required evidence and the State Bank of India moved the high court to challenge the decision The court observed that the present case belonged to a time when the use of computers at banks and facilities of online banking was at a nascent stage and it was quite usual for customers and depositors to visit banks on a day-today basis for depositing and withdrawing amounts It noted that there were incidents to show that the respondent misused his status for his own personal benefit and a substantial sum of over Rs 500000 was deposited in the respondents account though it was returned later with interest There can be no explanation as to how such amounts belonging to the customers of the bank could even be deposited and that too while the said amounts were reflected in the passbooks of the said customers the court stated Such incidents in any branch of a bank would lead to a loss of trust and faith in the bank especially in the case of local customers as they can spread such incidents through word of mouth Thus the loss is not to be adjudged only monetarily but also in terms of the goodwill faith of the customers in the bank and the consequent loss of trust for a bank This by itself is sufficient It is the clear conclusion of this Court that when there is loss of confidence reinstatement ought not to be permitted it added Upholding the termination the court directed the bank to release a lump sum amount of Rs 20 lakh in favour of the respondent along with all statutory dues such as provident fund and gratuity without making any deductions until the date of termination in case the same has not already been released PTI ADS SA

New Delhi Nov 26 PTI The Delhi High Court Friday refused to entertain a 19-year olds plea against the hasty manner in which IPOs are passed observing that it is a blackmailing type of petition and asked if it was filed to harass some companies and at whose behest The issues raised in the petition involve fine niceties which are governed by special laws and unlikely to concern such a young petitioner said a headed by Chief Justice D N Patel How are IPOs initial public offerings decided How many types of shareholdings are there When you counsel for petitioner dont know how will a 19-year old boy know asked the bench also comprising Justice Jyoti Singh The counsel for the petitioner claimed that the boy was a retail investor who was seeking a framework to ensure proper functioning of the securities market At whose behest is the petition filed You should have gone to the government You should bring the concerned party before court A boy of 19 years in filing a petition If we call him for cross-examination since the matter is filed on oath he may not be knowing abc the court remarked The counsel for petitioner unconditionally withdrew the plea after the court asked him to either approach the government by way of a representation or it would dismiss the petition I would have checked entire bank details to know if money was received from someone to file the plea Good that you withdrew the court stated PTI ADS SA

New Delhi Nov 26 PTI The AAP government Friday told the Delhi High Court that on account of the Lieutenant Governor appointing police chosen lawyers as special public prosecutors SPPs for cases related to this years Republic Day violence and last years riots there was now no difference between the investigating agency and prosecution Senior lawyers for Delhi government told a bench headed by Chief Justice D N Patel hearing Delhi governments challenge to the appointments that in criminal justice system prosecutors are officers of the court but presently there is complete synergy between them and the police There is no difference between the police and prosecution today What is the fairness left in the entire criminal procedure today questioned senior advocate Rahul Mehra who appeared for the Delhi government He stated that the appointment of prosecutors was in the domain of the government and the LG was bound by the aid and advice of the council of ministers Senior advocate Abhishek Manu Singhvi appearing for the Delhi government stated that while the matter was of great urgency the respondents -- LG and Centre -- were yet to file their response This is a matter of great urgency The court gave four weeks for filing counter Now it is more than nine weeks and no counter is filed We are in grave urgency This is an uncertainty that can be avoided he argued urging the court to close the respondents right to file counter if not done before the next date of hearing The bench also comprising Justice Jyoti Singh granted time to the respondents to file their response and listed the case for further hearing on January 28 On August 27 the court had issued notice on the Delhi governments plea asked the LG and the Centre to file response to the petition as well as an application seeking stay on the decision The Delhi government has challenged the LGs July 23 order appointing Delhi Police chosen lawyers as SPPs to appear and conduct prosecution in cases relating to violence during the farmers tractor rally on January 26 this year and the north-east Delhi riots cases of February 2020 saying that it results in a serious conflict of interest The petition has also challenged the July 26 notification on the appointment of the Delhi Police chosen SPPs to conduct the cases and also August 4 order of the Centre endorsing the LGs view and approving the appointments The plea contended that it is contrary to established legal principles and violates the Constitutional guarantee of a fair trial It has said the SPPs are taking charge of the matters by displacing the regular public prosecutors and therefore urgent directions are required from the court to enable them to continue so as to not jeopardise fair trial in the cases The Delhi Government has contended that appointment of SPPs is a routine matter and not an exceptional matter for which reference to the President can be made and that the LG had no sound reason for referring the matter to the President when the government had agreed to appoint independent SPPs PTI ADS SA

New Delhi Sep 28 PTI The Delhi High Court Tuesday dismissed with Rs 25000 costs a public interest litigation seeking grant of loan under the Prime Minister Street Vendors Atma Nirbhar Nidhi scheme and said a party cannot claim a compulsory loan in the absence of any application A bench of Chief Justice D N Patel and Justice Jyoti Singh said there was no reason to entertain the PIL and stated that a loan cant be extended without a person making a proper application for it and supplying the relevant data There cant be a compulsory loan to be given to someone and the petitioner cant say that someone must be given a loan the bench said It ought to be kept in mind that there cant be any compulsory loan There is bound to be an application by a person seeking loan it said The court noted that in the present case neither was a statement was made in the petition with regard to there being any application by the persons for whom loan was sought nor were such persons made a party to the proceedings No PIL can be entertained for giving a loan of Rs 10000 The petition has no substance The petition is dismissed with costs of Rs 25000 the court ordered The bench nonetheless clarified that if an application is made to the authorities for sanction of loan under the scheme the concerned authorities will examine it as per the applicable policy The PIL was filed by a lawyer for the grant of loan of Rs 10000 in terms of the scheme to certain people mentioned in the plea PTI ADS SA

New Delhi Sep 17 PTI The Delhi High Court has sought DDAs reply on a plea alleging that the authority entered into an agreement with a realty firm for commercial exploitation of almost 129 acre land meant for the development of greenery and lung space for the community A bench of Chief Justices D N Patel and Justice Jyoti Singh issued notice on the plea by two organisations and also sought response from DLF Home Developers North Delhi Municipal Corporation Delhi Jal Board and others Learned counsels seek time to file their respective counter affidavits Time as prayed for is granted said the court in its order dated September 8 The matter would be heard next on October 29 The petitioners All India Bhrashtachar Virodhi Morcha and Rashtrawadi Janhit Sabha have informed that in 1996 the Supreme directed the closure of several hazardous noxious heavy and large industries here with an order that 68 per cent to 57 per cent of their land be given to DDA for exclusive development of greenery or lungs space Subsequently a further order was passed in 2010 by the apex court directing DDA to not utilise this land for commercial purpose the plea said DDA and DLF Home Developers signed a memorandum of understanding in 2015 pursuant to which over 129 acres of this land was handed over to the latter in violation of the Supreme Court orders it added The petitioners claim that in 2011 DDA prepared a landscape for developing the land as lung space and greenery and a park was opened for the public All of a sudden in 2015 a new huge iron gate was installed and even the general public was not allowed to enter into the park Now the restricted entry is only allowed by DLF security personnel That the respondent No1 in collusion with respondent No2 entered into a Memorandum of Understanding dated 08072015 for the entire phase-1 2 and 3 comprising of 12895 acres of the land say 129 acres handed over to the respondent No2 in violation of SC order the plea said It is alleged that the 129 acres of land is now being used by DLF for its own use and occupation exclusively for commercial purposes The bare perusal of said MOU dated 08072015 after the Supreme Court order dated 25032010 is clear violation of supreme court orders and evidently clear that the Dy Director Hort Hort Division-3 DDA has executed the MOU with the respondent No2 without disclosing the identity of authorized signatory and authorization The transfer of the land is illegal and impermissible which amounts to contempt of the order of the Honble Supreme Court of India dated 25032010 The MOU itself reflects the commercial exploitation of the said land which is meant for the development of lung space and greenery by Resp No1DDA for the use of the community at large the plea adds PTI ADS SA

New Delhi Sep 17 PTI The Delhi High Court Friday sought Income Tax Departments stand on a plea by online news portal Newslaundry and its co-founder Abhinandan Sekhri to restrain any leakage of the material seized during a survey operation held earlier this month A bench of Justices Manmohan and Navin Chawla granted time to the departments counsel to seek instructions on giving an undertaking against any leak and asked that the concerned officer join the proceedings on the next date of hearing ie September 21 Ask your client to join proceedings so that we can close it then and there Let him be by your sideIf he gives a statement we can put a quietus to the matter said the bench to the lawyer who asserted that the fear of leak was a bald apprehension Data of thousands of assessees is in safe custody of the department and it can be used only in accordance with law said counsel for the department Ajit Shamra During the course of the hearing the bench orally observed Normally no ones data should be leaked as it is ethically morally and legally wrong We have seen it on channels peoples data that has been seized is being displayed It should not happen it remarked Senior counsel Siddharth Dave appearing for the petitioners said that four notices under the Income Tax Act were issued to his client and a survey was held in the news portals premises on September 10 during which several devices including a mobile phone and a laptop belonging to the petitioner co-founder were seized by the IT authorities which contained several information which were of no relevance to any income tax proceedings The data may contain personal photos and information pertaining to investigative stories he said The senior lawyer argued that any data breach would be in violation of right to privacy and therefore a direction should be passed to the IT authorities to not leak any data and delete whatever is of no relevance to the proceedings It was also contended that any seizure during a survey operation was beyond the scope of survey and that no hash value of the seized data was given Please direct them not to leak seized data collected in this purported garb of a survey and allow me to delete non I-T related data the senior lawyer submitted In the petition filed through advocate Nipun Katyal the petitioners have said that the income tax officers and authorities do not have any power to interrupt the ordinary peaceful citizens of the country in any manner they like by utilizing the large powers given to them without keeping strictly within the four corners of those large powers The Petitioners are heading a news organization the Petitioners herein have sources contacts and other information on the digital machines It is the fiduciary duty of the Petitioners to protect them and keep it confidential It is further submitted that the legal communication regarding existing cases is present in the personal laptop and phone of the Petitioners If in any circumstances the leaks are committed it shall be a clear breach of the attorney client privilege as well as whistleblowers confidentiality the plea says PTI ADS SA