New Delhi Mar 31 PTI AAP MLA Saurabh Bhardwaj Thursday approached the Delhi High Court seeking constitution of a Special Investigation Team SIT for a fair and time bound investigation into the alleged attack outside the residence of Delhi Chief Minister Arvind Kejriwal during a protest against his remarks on The Kashmir Files filmThe petition which has also sought directions to Delhi Police and Ministry of Home Affairs for ensuring the security of the Chief Minister and his residence in future is likely to be listed for hearing on FridayOn Wednesday members of the BJP youth wing had allegedly vandalised property outside the residence of AAP convenor Kejriwal here during a protest against his remarks on the film after which a criminal case was registered by the Delhi Police against unidentified persons in connection with the incidentThe case was registered under various provisions of the IPC including Sections 186 obstructing public servant in discharge of public functions 188 disobedience to order duly promulgated by public servant 353 assault or criminal force to deter public servant from discharge of his duty and 332 voluntarily causing hurt to deter public servant from his dutySection 3 of the Prevention of Damage to Public Property Act has also been invoked and police was trying to make arrestsBhardwaj in his petition through advocate Bharat Gupta alleged that the attack and vandalisation of the official residence of the Chief Minister appears to have been carried out with Delhi Polices tacit complicityOn March 30 2022 several BJP goons in the garb of a protest launched an attack on the official residence of the Delhi CM Videos and photographs show that these goons casually walked through the security cordon maintained by Delhi Police kicked and broke the boom barrier broke the CCTVs cameras with lathis threw paint on the gate of the residence and almost climbed over the gate while Delhi Police personnel simply looked on doing little to stop the protestors the plea allegedThe MLA said while he strongly supports the right to protest peacefully even if such protest is against the Delhi Government violence cannot and ought not to be permitted and condonedIn this case the violence was especially egregious as it was directed towards the Delhi CM and his family It was meant to subdue by the use of force the highest elected official in NCT of Delhi and therefore the elected Government of Delhi This was a direct attack on democracy the plea saidIt added that those who were charged with protection of the Delhi CM that is Delhi Police completely abdicated their duty without any regard for the fact that they were protecting an elected constitutional functionary and the fact that he was given Z security by Delhi Police itselfIt said the polices inaction was in blatant violation of the high courts August 22 2017 wherein the Delhi Police was directed to ensure that no unnecessary protest takes place on the road in front of the Delhi CMs house as it is a residential areaIn light of this the petitioner is constrained to directly approach this court seeking a constitution of an SIT headed by a retired Judge of this court to undertake an independent fair and time bound criminal investigation into the attack including the role of Delhi Police officers who were responsible for maintaining the security cordon outside the Delhi CMs residence b directions for appropriate prosecutionaction against the identified accused personsculprits and c direction to the respondents to ensure appropriate security of the Chief Minister of Delhis person and his residence in future it saidDeputy Chief Minister Manish Sisodia had lashed out at the Bharatiya Janata Party alleging it was a conspiracy to kill Kejriwal as the saffron party was unable to defeat the Aam Aadmi Party in elections The BJP had accused AAP of scripting a drama and playing the victim card after the public anger against Kejriwals remarks mocking displaced Kashmiri PanditsThe protestors led by BJP Yuva Morchas national president and MP Tejasvi Surya were holding a demonstration against Kejriwals remarks on the recently released controversial movie The Kashmir Files which is based on the exodus of Kashmiri Pandits from the Valley after the outbreak of militancyThe Chief Ministers residence is located at 6 Flag Staff Road The protest started around 1130 am on March 30 The Delhi Police said proper arrangements were put in place but some 15-20 protestors managed to reach the Flag Staff road and were immediately removedSome of the protesters at around 1 PM breached two barricades and reached outside CM House where they created a ruckus and shouted slogans the police had saidThey were carrying a small box of paint from which they threw paint outside the door In the melee a boom barrier arm was also found vandalised as also a CCTV camera A police team immediately removed them from the spot and detained around 70 persons it had said PTI SKV SA

New Delhi Mar 23 PTI The Delhi High Court has waived the six-month cooling off period under the law and granted divorce decree to an estranged couple by mutual consent observing that keeping them tied to a legal bond would only mean snatching away from them the opportunity to lead a fulfilling life A bench of Justices Vipin Sanghi and Dinesh Kumar Sharma said that in this case both the man and woman are well educated and independent individuals who have mutually decided the fate of their marriage and they are at an age where they may start a new life if given a chance However keeping them tied to a legal bond would only mean snatching away from them the opportunity ever to lead a fulfilling life it said The courts observation came while setting aside a family courts order which had rejected the second motion petition moved by the parties jointly under the Hindu Marriage Act on the ground that the statutory period of six months from the date when the first motion was moved and period of 18 months from the date of separation has not expired The man and woman had got married in November 2016 and due to disputes between them they decided to part ways and were not cohabiting as husband and wife since October 2020 The parties had submitted that all efforts of reconciliation and resolution of differences by their family members and well-wishers had failed at multiple forums Realising the agony and pain of an abusive marriage the parties had reached an overall settlement and executed the settlement deed in October 2021 resolving all their pending disputes and claims and filed for mutual divorce The family court however rejected the second motion petition which the estranged couple challenged in the high court The high court set aside the family courts order and said it does not consider it appropriate to remand the matter to the family court since the parties have been separated since October 2020 and they have arrived at an overall settlement concerning all the inter se disputes and claims The counsel also informed us that other terms and conditions of the settlement have already been adhered to Even otherwise 18 months from the date of separation of the parties would expire on April 2 2022 Considering the fact that not even a month is left for that date to arrive we accordingly allow the same and pass a decree of divorce by mutual consent of the parties under Section 13B of the Hindu Marriage Act 1955 after waiving the statutory period under Section 13B of the Act the bench said PTI SKV SA

New Delhi Mar 23 PTI Accusation of unchastity or extra marital relationship is a grave assault on character reputation and health of a spouse against whom such serious allegations are made the Delhi High Court has said observing that marriage is solemn relation and its purity must be maintained for a healthy societyThe high court said such serious allegations cause mental pain agony suffering and tantamount to cruelty and the tendency of making false allegations has to be deprecated by the courtsIt has repeatedly been held that accusations of unchastity or extra marital relationship is a grave assault on character status reputation as well as health of the spouse against whom such allegations were made It causes mental pain agony suffering and tantamounts to cruelty The allegations of extra-marital affairs in a relationship are serious allegations which have to be made with all seriousness The tendency of making false allegations has to be deprecated by the courts a bench of Acting Chief Justice Vipin Sanghi and Dinesh Kumar Sharma said in a judgement passed on March 21The high courts verdict came while upholding a family courts decision granting divorce decree in favour of a husband on the grounds of cruelty to him by his wifeIt said the family court had correctly appreciated the evidence and has rightly found that the wife by making unfounded allegations amounting to character assassination against the husband and father-in-law has inflicted mental cruelty upon the manThe court dismissed an appeal filed by the woman challenging the family courts January 31 2019 order granting divorce decree in favour of her estranged husband under the provisions of the Hindu Marriage ActThe high court said that in the appeal also the woman has failed to bring any credible material to suggest that the findings recorded by the trial court are incorrect and added that the mal-intent of the woman was also evident from her admission of publicising her allegations against her father-in-law In the present case the appellant wife has made serious allegations but the same were not substantiated during the trial The appellant also filed a serious complaint against the father of the husband which also resulted in acquittal We consider that these two aspects simply can be taken as acts of cruelty by the appellant upon the respondent husband Marriage is a solemn relation and its purity must be maintained for a healthy society Thus we see no reason to interfere with the impugned judgment and decree Dismissed the high court saidThe couple got married in June 2014 and soon after that the relations between the couple turned sour and they started residing separatelyThe woman had lodged a criminal case against her father-in-law on the allegations of molestation and thereafter the man filed a divorce petition on the ground of cruelty PTI SKV SA

New Delhi Feb 28 PTI The Delhi High Court Monday directed the Commissioners of Police and North MCD to continue monitoring and supervising through their officers removal of unauthorised encroachments hawking and vending in Chandni Chowk area here and observed that the illegal activities were not happening in secrecy but in broad daylightThe court directed Delhi Police and North MCD to continue with the exercise irrespective of whether the unauthorised encroachments hawking and vending was being resorted to by the shopkeepers hawkers or vendorsWe again direct Commissioner of Delhi Police and Commissioner North MCD to continue to monitor and supervise through their respective officers the removal of unauthorised encroachments hawking and vending in Chandni Chowk area irrespective of whether it is the shopkeepers or the hawkers and vendors who may be resorting to the same Further status report be filed List on April 19 a bench of Justices Vipin Sanghi and Dinesh Kumar Sharma saidThis is not something happening in secrecy It is happening in broad daylight It is being seen by everyone How is it that it is not seen by police and MCD officials Pathways and walkways are encroached upon completely This is a historic place people from all over come here to visit and shop Shahjanabad was redeveloped and inaugurated with such pomp and show but the situation is the same again Sensitisation is needed the bench orally saidIn pursuance to the courts earlier Delhi Police Commissioner Rakesh Asthana and North MCD Commissioner Sanjay Goel were also present at the hearing through virtual modeThe court said it had to call for the appearance of the two senior officers as despite its repeated orders the situation on ground was not improvingWe have sensitised both the Commissioner of Delhi Police as well as the Commissioner North MCD with regards to implementation of the our orders passed in these proceedings from time to time with regards to removal of encroachments in Chandni Chowk area the bench saidAsthana submitted to the bench that the police was committed in ensuring that no illegal hawking or vending or encroachment takes place in the market area or bus stands and walkways and that instead of 330 Delhi Police has installed 508 CCTV cameras in Chandni Chowk with public private partnership arrangement with the help of local market welfare associationsHe said the agency was in the process of installing more CCTV cameras in the area in the next few weeks and added that 24X7 feeds from these cameras are being collected and monitored at the control roomAdditional Solicitor General Sanjay Jain and additional standing counsel Anuj Aggarwal representing Delhi Police referred to the status report filed by it and said these cameras also have night vision capacity and further 68 cameras are being operationalised soon which will advance the numbers to a total of 576 cameras Goel updated the court regarding the work done by the concerned authorities on preparation of Town Vending Plan under the Street Vendors Act He said an independent consultant has been engaged and 2760 sites have been identified for hawking and vending which include 500 in the SRDC area during the evening period He said 2436 certificates of vending have been issued by the Town Vending Committee TVC including 1334 found in the no-hawking no-vending zone and the number of sites identified would accommodate the existing street vendors though there may be some relocation undertaken Advocate Naushad Ahmed Khan representing the Public Works Department said they have installed 130 cameras but the control room is not yet functional in respect of these cameras The bench agreed with him that the CCTV feed received from all these cameras which are installed could be properly monitored so as to exploit their functionality and utility otherwise it would serve no purpose if cameras are installed videos are captured but not actioned We are therefore of the view that a dedicated team of officers personnel be developed and utilised for the purpose of monitoring the CCTV feed in control rooms whether these control rooms are of the Delhi police or of the PWD We direct the Superintending Engineer PWD to make the control room functional in the next two weeks and thereafter it should be handed over to Delhi Police Other state authorities should cooperate with PWD to enable it to operationalise the control room the bench said The court was hearing a plea by Chandni Chowk Sarv Vyapar Mandal represented through senior advocate Sanjeev Ralli and lawyer Mohit Mudgal seeking direction to the authorities to remove illegal hawkers and vendors from the no-hawking and no-squatting area in Chandni Chowk which has recently undergone redevelopment The high court had earlier said that anybody who was encroaching upon public space must be removed and it cannot be permitted that the whole pavements in markets are covered with encroachment leaving no space for people to walk On Monday Ralli submited that it had earlier been decided by nodal officer that the CCTV control room of PWD be also put under the control of Delhi Police and once the control room is made operational the police be entrusted with the task of monitoring the same The court directed the police to make necessary deployment of beat constables who are properly trained and sensitised to deal with the aspect of illegal encroachments in Chandni Chowk area PTI SKV SA

New Delhi Feb 23 PTI The Delhi High Court has dismissed a plea challenging the appointment of a professor in the Department of History and Culture at Jamia Millia Islamia JMI saying no case was made outJustice Yogesh Khanna noted that the authorities have shown various instances where several appointments have been made to the post of professor across universities in the country including JMI Aligarh Muslim University and Maulana Azad National Urdu UniversityIn view of the above there is no case made out for the issuance of notice to the respondent thus the petition is accordingly dismissed the court saidThe petitioner had challenged the entire decision making process culminating in the selection and appointment of Nazim Hussain Al-Jafri as a Professor in the Department of History and Culture in JMI on the ground that it was done in flagrant violation or contravention and total non-compliance of the Statute of the Jamia Millia Islamia Act read with clauses of the UGC RegulationsHussain was also assigned additional responsibilities of Registrar in JMIAdvocate M Sarwar representing petitioner Mohammad Javed Malik said the university had issued advertisement in June last year inviting applications in various departments while laying down the eligibility criteria and qualifications from applicantsHowever on January 20 this year the Vice Chancellor of the university unilaterally appointed Hussain to post of Professor in Department of History and Culture by invoking Section 113 of the Jamia Millia Islamia ActAdditional Solicitor General Chetan Sharma along with Standing Counsel Fuzail Ahmad Ayyubi and Pritish Sabhrawal representing the JMI said Hussain has more than 35 years of vast experience in university administration and he has also been given the assignment to act as VC at Khwaja Moinuddin State on several occasions and served in different universities in various capacities PTI SKV SA

New Delhi Feb 23 PTI The Delhi High Court Wednesday sought response of former Janata Dal United President Sharad Yadav on the Centres plea seeking to vacate a stay on vacation of government bungalow occupied by him in the national capital as he was disqualified as Rajya Sabha MP in 2017A bench of Chief Justice D N Patel and Justice Jyoti Singh also allowed the Centres plea seeking an early date of hearing and directed the registry to list the matter relating to his disqualification on March 15 looking into facts of the case and the urgency involvedThe court said the response if any shall be filed by Yadav and Shri Ram Chandra Prasad Singh leader of JDU in Rajya Sabha by March 13It also impleaded the Ministry of Housing and Urban Affairs as a party to proceedings after Additional Solicitor General ASG Sanjay Jain submitted that the central government has direct interest in the matter as he was holding government accommodation even after being disqualified as a Member of ParliamentThe court was hearing applications filed by the ministry in a pending petition by Yadav in which he has challenged his disqualification from Rajya Sabha in 2017The ASG said that as the council of ministers has been expanded now the government needs the accommodation for allotting it to newly appointed union ministersDuring the hearing the bench said A person who is disqualified is staying in government accommodation For what purpose he was disqualified When the ASG said there was no stay on Yadavs disqualification and he was no longer a Member of Parliament the bench said still he is continuing with the government accommodationThe ASG informed the court that there was a judicial order by which Yadav was allowed to retain his official residence in DelhiThe applications filed through central government standing counsel Ajay Digpaul sought to vacate the high courts December 15 2017 order saying Yadav was retaining the bungalow without any right or eligibilityYadav had approached the high court in 2017 challenging his disqualification from Rajya Sabha and as an interim the court had allowed him to avail the official perks and facilities of an MP including the use of his official residence at Tuqhlak Road here till the petition is decidedHowever the Supreme Court in June 2018 had partially modified the high courts order saying that he could retain his official accommodation but would not be entitled to salary and other benefitsYadav has challenged his disqualification on several grounds including that he was not given any chance to present his views by the Rajya Sabha chairman before he passed the orderOn the other hand Ram Chandra Prasad Singh had sought disqualification of Yadav and his colleague Ali Anwar on the ground that they had attended a rally of opposition parties in Patna in violation of the party directivesYadav joined hands with the opposition after the JDU president and Bihar chief minister Nitish Kumar had dumped the alliance with the RJD and the Congress in Bihar and tied up with the BJP in July 2017Yadav was elected to the Rajya Sabha in 2017 and his term is scheduled to end in July 2022 Anwars term expired in 2018 Both were disqualified under the Anti-Defection Act His plea said that the December 4 2017 order had disqualified him in an extremely casual and callous way PTI SKV SA

New Delhi Feb 23 PTI Enactment of law is a sovereign function to be performed by the Parliament or the State Legislature and a court cannot issue direction to pass a law the Delhi High Court said while dismissing a plea seeking to direct the Centre to implement the Whistle Blower Protection Act 2014 by issuing a notificationThe high court said the State Legislature represents the desire of people and it is in the wisdom of the Parliament or the State Legislature to enact a law and bring it in forceLaw is nothing but a desire of people and they State Legislature are bringing desire of people into force We cannot issue a notice for sovereign function of the Parliament a bench of Chief Justice D N Patel and Justice Jyoti Singh saidThe court was hearing a PIL filed by Dr Mohammad Ajazur Rahman a frontline COVID-19 health professional currently posted as a senior Chief Medical Officer at Guru Teg Bahadur Hospital here seeking to direct the Centre to bring into force the Whistle Blowers Protection Act 2014 by issuance of a notification or rules or regulationsThe petitioner represented through advocate Payal Bahl referred to Section 1 3 of the Whistle Blowers Protection Act that empowers the Union Government to bring the Act in force by issuance of notification to that effectIt is submitted with great grief that the Union of India has not implemented the Whistle Blowers Protection Act 2014 which is an Act by the Parliament of India It is submitted with great grief that the said Act has not been notified by the Government of India till date the plea saidThe bench said there are several other laws enacted by the Parliament which are yet to be brought into force and added that it saw no reason to direct the authorities to bring the Act into force as it is in the wisdom of the Parliament to do soIt said there was no substance in the petition and dismissed itThe bench said as functions like printing of currency notes manufacturing of currency coins and declaring wars are purely sovereign functions similarly enactment of law by the Parliament and bring it into force is purely sovereign function and hence no writ or order or direction can be passed PTI SKV SA

New Delhi Feb 21 PTI The Delhi High Court Monday refused to grant further time to the Centre to make its stand clear on the issue of criminalising marital rape and reserved judgement on various pleas in the matterThe Centre submitted that it has sent communication to all states and Union territories asking their comments on the issue and urged the court that the proceedings be adjourned till such time the inputs are receivedA bench of Justices Rajiv Shakdher and C Hari Shankar said it was not possible to adjourn an ongoing matter as there is no terminal date by when the Centres consultations will be over on the issueWe are closing it then the bench said adding judgement reserved List for directions on March 2 In the meantime counsel for parties may file their written submissions and compliations The court was dealing with a batch of petitions seeking to strike down the exception granted to husbands under the IndianrapelawOn February 7 the high court had granted two weeks time to the Centre to state its stand on the petitions seeking criminalization of marital rapeThe Centre had filed an affidavit urging the court to defer hearing on the petitions stating that criminalising marital rape has very far reaching socio-legal implications in the country and a meaningful consultative process with various stakeholders including the state governments is needed PTI SKV SA

New Delhi Jan 27 PTI The Delhi High Court Thursday expunged remarks made by its judge against actress Juhi Chawla that she had filed the lawsuit challenging setting up of 5G wireless networks in the country on account of health hazards for gaining publicity A bench of Justices Vipin Sanghi and Jasmeet Singh also reduced the costs imposed on Chawla from Rs 20 Lakh to Rs 2 lakh saying that she did not take up the 5G issue in a frivolous and casual manner The division bench allowed Chawlas appeal and set aside the single judges June 4 2021 order by which Chawla and two others suit was dismissed with the observations that it was defective abuse of process of law and filed for gaining publicity The actress who was present in the virtual hearing volunteered to work with the Delhi State Legal Services Authority DSLSA and feature in the programmes for empowering the marginalised section of the society PTI SKV SA

New Delhi Nov 30 PTI The Delhi High Court Tuesday refused to entertain a plea seeking direction to the Centre and Delhi government to ban the sale and publication of Congress leader Salman Khurshids book Sunrise Over Ayodhya Nationhood In Our TimesA bench of Chief Justice D N Patel and Justice Jyoti Singh pulled up the petitioner for not impleading the author of the book or publication house as a party to the plea saying he was a chance taking petitioner who has filed the plea for publicityYou want complete ban on the book but you have not made the author a party You may ask any heaven or sky We may dismiss it with costs You are not joining the author as a party Stop doing this activity in court Why are you feeling so shy and not joining the author as a party We will not give you any chance this is a deliberate move These are all chance taking petitioners It is for publicity the bench saidAfter sometime the petitioners counsel sought permission to withdraw the petition and file a fresh one with proper averments annexures and joining proper persons as partiesThe court allowed him to withdraw the petition and disposed it of as withdrawnHe has no courage to join Salman Kurshid as a party what type of PIL he will argue If you are so much worried about the name of the author or the senior advocate you should not have filed the PIL These are blackmailing or publicity petitions This is a waste of time PIL the bench saidPetitioner Rakesh in his plea through advocates A K Dubey and Pawan Kumar alleged that Khurshid has misused his fundamental right to freedom of expression in a very complex manner as it is not absolute and carries with it special duties and responsibilities towards public interestIt said there are 90 crore Hindus in the country and if anyone takes offence of such statements made in the book it could become a law and order problem in the societySalman Khurshid has written in the chapter That Sanatan Dharma and classical Hinduism known to sages and saints was being pushed aside by a robust version of Hindutva by all standards a political version similar to the jihadist Islam of groups like ISIS and Boko Haram of recent years it saidKhurshids new book on the Ayodhya dispute was released recentlyOn November 17 an additional civil judge here had refused to grant an ex-parte injunction on a lawsuit by Hindu Sena president Vishnu Gupta to stop the publication circulation and sale of the book for allegedly hurting sentiments of a large section of societyWhile declining interim relief the trial court had said the author and publisher had the right to write and publish the book PTI SKV SA