New Delhi Feb 28 PTI The Delhi High Court Monday dismissed with costs of Rs 25000 a public interest litigation PIL seeking to cancel employment of an employee in the Army on the ground of giving false information at the time of appointmentA bench of Chief Justice D N Patel and Justice Neena Bansal Krishna said it was not at all a public interest litigation and instead of a blackmailing kind of litigationThe court dismissed the petition on various grounds including that the petitioner has not made as a party the person whose employment was sought to be cancelled by him and that there was an unexplained delay in filing of the petitionThe petitioners counsel alleged that the details supplied by the concerned person who was appointed as a junior commissioned officer in 2015 were incorrect so his employment be cancelledThe bench however said We see no reason to entertain this petition much less a PIL The court said the so-called PIL is a pure service matter as it seeks termination of services and is not tenable in lawAs a cumulative effect of the reasons given and judicial pronouncements the petition is dismissed with costs of Rs 25000 The costs shall be deposited with the Delhi State Legal Services Authority within four weeks the bench said PTI SKV SKV RKS RKS

New Delhi Jan 24 PTI The Delhi High Court Monday directed the Delhi Police and NDMC to continue removing unauthorised hawkers selling goods in the Sarojini Nagar market here while noting that the authorities have taken effective steps in this directionSubstantial work has been done We would like this momentum to continue a bench of Justices Vipin Sanghi and Jasmeet Singh saidAfter perusing the status reports filed by the New Delhi Municipal Council NDMC and Delhi Police the bench said they have done the work it is not that shopkeepers are not to be blamed Almost every shopkeeper has encroached upon public land It appears that in pursuance to our orders NDMC and police authorities have taken effective steps regarding removal of illegal squatters in Sarojini Nagar market We would like to see further steps be taken in the matter We direct NDMC and Delhi Police to continue to keep vigil and remove illegal squatters and ensure our orders are complied with it saidThe bench said it was the question of peoples mindset as they see whether the authorities are lenient or strictYou have to send a message home that you will take strict action and then see the result If we take back the contempt notices things will go back to the same situation it saidThe court had earlier issued contempt notice against officials of NDMC for not complying with its earlier orders on the removal of encroachment from the market including illegal vendors and their goodsThe court asked the NDMC to mention in its next status report the steps taken by it for fencing Sarojini Nagar MarketIt further asked the Delhi Police to indicate the aspect of procurement of instruments for a headcount of people in the market and also on the installation of CCTVs thereThe high court was hearing a plea relating to illegal encroachments in Sarojini Nagar market and the presence of unauthorised vendors and squatters thereThe petitioners counsel said the system of odd-even of the opening of shops is going on so shopkeepers are not allowed to keep their shops open daily however these hawkers sit there every day and are squatting just outside the shopsThe high court in December last year had said the state of affairs be it Covid or non-Covid was frightening as people were flowing like a river which could lead to stampede and death of hundredsIt had taken note of overcrowding in Sarojini Nagar market which had witnessed a bomb blast in the pastThe court had said whether there is Covid or not people have to remain alert and made it clear that if there is any death because of COVID-19 infection or stampede in the Sarojini Nagar market then the officials of the authorities concerned NDMC and Delhi Police will be personally held liable for itIt had also asked the Delhi Police and Delhi Disaster Management Authority DDMA to work out a movement plan for the public in the market and asked the NDMC and other authorities to ensure there is no overcrowdingIt had further directed the DDMA to make a visit to the market forthwith and assess the situation given the prevailing situation of the pandemicThe NDMC counsel had said they have been regularly removing encroachment and also illegal vendors but they again return and that they are also issuing challans and performing their duties PTI SKV SKV RKS RKS

New Delhi Jan 19 PTI The Delhi High Court Wednesday sought response of the Centre on a plea challenging the expansion of the definition of a drug under the Narcotic Drugs and Psychotropic Substances NDPS Act A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Centre and asked it to respond to the petition which will be taken up for hearing next on February 28 The petitioner a resident of Kerala has challenged two notifications of 2001 and 2009 issued by the Ministry of Finance under the NDPS Act saying the notifications were issued in excess of conferred authority and are ultra vires to the law Petitioner Rajeev T M in the plea submitted that the two notifications under Section 2 viia and 2 xxiiia of the NDPS Act have the effect of creating a new category of offence by penalising the preparation of a drug at par with the drug itself There is no rational nexus between the classification created by these notifications and the object of the NDPS Act and therefore there is a violation of Article 14 equality before law of the Constitution The notifications seek to create a classification of drug users and quantities based on the total weight of the drug including the weight of neutral material and not on the weight of the pure drug content which is the correct indicator of whether a quantity is a commercial quantity or a small quantity intended for personal consumption advocate J Sai Deepak representing the petitioner submitted The plea said if the notifications are applied 4 grams of heroin would be a small quantity but if an addict mixes them with 50 kgs of powdered sugar then the same would be a commercial quantity that has ramifications as grave as incarceration up to 20 years The application of the notifications creates a situation where there would be no rational nexus between this aforesaid objective of rationalising sentencing by taking a reformative approach towards treating addicts and the proposed classification which places both addicts and drug traffickers on even footing as long as the addict dilutes their drug more than the trafficker it said while seeking to quash the two notifications The plea said the act of adding the weight of a neutral substance to the weight of pure drug content for determining the weight of small quantity or commercial quantity is unreasonable and arbitrary and thus is violative of Article 14 of the Constitution It further said the notifications violate Article 21 protection of life and personal liberty also because it enhances the criminalisation of possession of a drug if it is mixed with enough neutral material Whereas as per the NDPS Act a person would be criminalised at the level of small quantity for possession of say 4 grams of heroin the notifications enhance this criminalisation to the level of commercial quantity which increases the incarceration to as much as 20 years if the said 4 grams of heroin is diluted by the addition of neutral material Therefore this is violative of Article 21 as it severely affects the personal liberty and right to life of the petitioner it said It contended that the NDPS Act requires only the pure narcotic drugs or psychotropic substances to be considered for determining quantities and therefore the notifications are wrong The plea said the petitioner is facing prosecution in a case under the NDPS Act and is presently out on bail PTI SKV SKV RKS RKS

New Delhi Nov 17 PTI The Delhi High Court has denied bail to a man arrested for allegedly helping an undertrial gangster to escape from a hospital here on the ground that the conspiracy of helping the prisoner escape from the lawful judicial custody is of huge magnitude which could have serious effects on public safety and graver consequences on the societyThe high court said that an operation of this complexity that is to aid an undertrial of notorious credentials to escape lawful custody has wide ramifications that may shake the confidence of the public in the police administration as well as the criminal justice systemJustice Subramonium Prasad said granting bail to the accused at this juncture has the potential to encourage copycat criminal behaviour and dismissed the plea of accused Bhupender Singh alias BhuttanThe court noted that in this case around 10-12 persons were involved in the successful escape of gangster Kuldeep alias Fajja and two minors were made accomplices and abettors to the act of escaping the undertrial as they created chaos by throwing chilly powder in the eyes of the police personnel who were accompanying himAccording to the prosecution Singh was the one who took the undertrial on his scooty from Jaipur Golden Hospital to Rohini to a safe house for providing refuge to him Fajja was encountered by the police after a high voltage gunfight Singh was arrested on March 28The judge said the contention of Singhs counsel that the maximum punishment for the offences he is charged with is of no consequence as the gravity of the conspiracy to enable a dreaded gangster to escape from lawful custody has a greater bearing on this court while deciding this petitionThe evidentiary value of the disclosure statement and whether the petitioner Singh can be identified in the CCTV footage will be decided during the course of the trial This court needs to bear in mind that the act was meticulously planned and swiftly implementedThe conspiracy of helping Kuldeep alias Fajja escape from the lawful judicial custody is of huge magnitude which could have serious effects on public safety and graver consequences on society as a whole To execute this conspiracy it required skill tact and a high level of intricate planning and plotting the court saidIt added that tampering with evidence or influencing witnesses also cannot be ruled out PTI SKV SKV RKS RKS

New Delhi Oct 27 PTI The Delhi High Court Wednesday sought response of the Centre and Delhi Police on a plea seeking removal of unnecessary and hazardous barricading from roads of the national capital as it causes inconvenience to the citizensA bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Centre and Delhi Police and asked them to file replies to the petition while listing the matter for further hearing on November 24Central government standing counsel Ajay Digpaul said the barricades were put by the Delhi Police and no relief has been sought against the Centre in the petitionThe petition by Jan Sewa Welfare Society said it has witnessed the menace of unmindful and erratic installation of mobile police barricades on Delhi roads and in residential colonies in utter violation of Delhi Polices guidelinesIt said one of the reasons for huge traffic jams in the city is unnecessary barricading of roads by the police and the mismanagement and unprofessional attitude of the authorities in the installation of iron barricades on several roads across Delhi causes grave hardship and inconvenience to the safety security and welfare of the publicThe petition filed through advocates Birendra Bikram and Bankey Bihari said there have been instances where the installation of chained barricades on the roads has proved to be fatal and added that the guidelines on the installation of barricades on the roads are not being properly adhered toThe organisation said it has made several complaints and even gave representation to the Police Commissioner but no action has been takenBesides direction to comply with the guidelines the plea sought to set up an area-wise committee including members of the civil society to survey supervise and assess the locality for installation of mobile police barricades and submit its report fortnightly to the concerned Deputy Commissioner of PoliceIt also sought to fix liability on the officials responsible for the erratic installation of mobile barricades resulting in loss of life and property PTI SKV SKV RKS RKS

New Delhi Oct 25 PTI The Delhi Police Monday told the Delhi High Court that substantive steps have been taken to enhance security in the seven district courts here after the September 24 shootout that killed three persons in a courtroom in Rohini CourtThe police told the high court that a security audit has been conducted and more metal detectors have been provided in all the seven district courts hereTis Hazari Rohini Karkardooma Saket Patiala Dwarka and Rouse AvenueA bench of Chief Justice D N Patel and Justice Jyoti Singh noted that the points raised by the police during the hearing have not been filed in the court and asked the counsel to place it on record so that the details could be incorporated in its final orderThe bench noted that several bar associations have filed their suggestions and a few are left and said if any other respondent wants to file further suggestions they are permitted to do so before October 29It listed the matter for November 8 making it clear that no further time would be granted for the filing of suggestions and it would then pass the final order in the matterAdditional Solicitor General Chetan Sharma representing the Delhi Police said substantive steps have been taken for enhancement of security on court complexes after the high courts previous order and that more infrastructure and manpower has been provided thereHe said 2300 CCTVs are there in the court complexes and 800 more are required and added that all the seven district courts have been covered by ramping up their securitiesSaket Bar Association through advocates K C Mittal and Yugansh Mittal submitted its suggestions including that a common proximity card smart card for advocates for the high court and districts courts be issued by an independent agency after submission of genuine documents forwarded by the concerned bar associationIt said centralised RFID Tag for cars and other vehicles of lawyers be issued by the office of concerned district judge which would be functional for the high court as well as all the district courtsThe bench was hearing a petition concerning the security and safety at court premises which is initiated on its own following the September 24 shootout at Rohini CourtThe bench had earlier asked all stakeholders including the Centre Delhi government and various bar associations to also give their suggestions on the issue so that they could be incorporated in the orderSeveral other lawyers bodies have also suggested that entry of advocates in court premises here should be allowed based on a smart card having a digital chip for verification of identity The Delhi High Court Bar Association DHCBA and Bar Council of Delhi BCD in their suggestions said that such smart cards would be akin to the proximity cards issued to lawyers for securing entry in the Supreme Court premisesLawyer Robin Raju appearing for a petitioner lawyer who has filed a separate plea on the issue had said that an advisory should be issued to all members of the Bar to cooperate with the security checks in courtsEarlier Delhi Police had suggested that the use of technology should be maximised to reduce the physical presence of parties in all the seven district courts here and updated security gadgets are installed there to obviate security concernsIt had said the security of the seven district courts has been taken over by the Security Unit which is a specialised unit of Delhi Police and necessary security arrangements and staff are being deployed accordinglyThe high court had on September 30 initiated on its own a petition concerning security at courts in the national capital following the September 24 shootout at Rohini Court saying there was a need for proper and effective deployment of a sufficient number of police personnel in courtsJailed gangster Jitendra Gogi and his two assailants posing as lawyers were killed inside the Rohini courtroom on September 24 in a dramatic shootout that also saw the police fire bullets in retaliation the officials had saidVideo footage of the incident showed policemen and lawyers rushing out in panic as gunshots rang out inside courtroom number 207The two gunmen dressed as lawyers are suspected to be members of rival Tillu gang an official had said adding that over 30 shots were firedOn September 24 Chief Justice of India N V Ramana had expressed deep concern over the shootout inside the crowded Rohini courtroom and spoke to the Delhi High Court Chief Justice in this regard and advised him to talk to both police and the Bar to ensure that the functioning of the court is not affected PTI SKV SKV RKS RKS

New Delhi Oct 21 PTI The Delhi High Court Thursday sought response of the Delhi government on a plea by two doctors challenging its order prohibiting healthcare frontline workers and teachers from attending their offices on failure to get even first dose of COVID-19 vaccine by October 15The doctors working in a government hospital here claimed that it was a violation of their fundamental right as it violates their right to earn a livelihood and right to attend officeJustice Rekha Palli who issued notice to the Delhi government and sought its reply on the petition however said the petitioners are doctors and if they will say like this half of the population will come and say that they do not want to get themselves vaccinatedWe are a country with such a large population Your clients are doctors they should understand this even more the court told the counsel for the petitionersThe court listed the matter for further hearing on February 3 next yearAs per the October 8 order of Delhi Disaster Management Authority DDMA the government employees frontline workers healthcare workers teachers and other staff working in schoolscolleges who do not get vaccinated at least first dose by October 15 2021 shall not be allowed to attend their respective offices health care institutions educational institutions with effect from October 16 2021 till they have obtained the first dose vaccinationThe order added that this period of absence from duty shall be treated as on leave till the administration of the first dose of vaccinationDr Neetu Chaudhary and another doctor urged the court to either partially set aside the October 8 order to the extent that it prohibits them from attending the office without vaccinating themselves or to allow them to attend the duty on production of a COVID negative report on a fortnightly basisAdvocate Preetam Singh representing the doctors said the order violates their fundamental right including the right to earn a livelihoodHe said the state of Nagaland has given this option to the people that they can either get themselves vaccinated or give a COVID negative report PTI SKV SKV RKS RKS

New Delhi Oct 18 PTI The Delhi High Court has asked a three-member committee to reconsider the case after examining the fresh medical reports of a minor who is seeking permission to donate part of his liver to his ailing father suffering from an advanced stage of liver failureThe court said it is hoped that in case the 17-year-and-nine month-old boy is found fit for donating a part of his liver as per his medical reports received from the Institute of Liver and Biliary Sciences ILBS the committee set up by the appropriate authority will reconsider its earlier report for granting necessary approval to him so that his fathers life may be savedJustice Rekha Palli said keeping in view the urgency involved in the matter the petitioner is granted liberty to approach the registrar of the high court for the listing of the case on any date between October 16 to 20 if the need arises and fixed the plea for hearing on October 21The court which was informed that the latest medical report of the boy was awaited noted that the only reason for the committee to reject the petitioners request earlier was premised on the fact that some of the parameters of the boys fitness were not within the prescribed rangeAt this stage it may be also noted that this court had on September 27 already observed that the petitioner had made out a case of exceptional medical circumstances and in the light of this position I am of the considered opinion that the three-member committee constituted by the Appropriate Authority which had furnished its report on October 6 and 9 ought to reconsider the petitioners case within a period of two days from the date of receipt of his fresh medical reports from respondent no2 ILBS the judge saidThe court was informed that in earlier medical reports the parameters of the boy were not within the prescribed range and he was not fit for liver donationIt also asked the hospital to ensure that copies of all the latest medical reports along with the opinion of treating doctors are furnished to the committeeThe court had earlier issued notices to the Delhi government and ILBS on the boys petition seeking permission to donate part of his liver to his ailing fatherThe petitioner boy through his mother challenged an order passed by the hospital rejecting his application for donating part of his liver to his ailing fatherThe petitioner said there was non-application of mind by the hospital authorities as the rule permits donation of part of the liver by a minor in exceptional circumstances which aspect has been totally ignoredThe plea said the boys mother and elder brother have been denied permission to donate their organs on medical grounds and now permission has also been denied to himIt said the boys case is exceptional and as per the opinion of doctors urgent transplant is required hence the necessary permission is liable to be grantedAs per the Transplantation of Human Organs and Tissues Act there is no complete prohibition for a minor to donate a human organ or tissue by a minor and a minor is also permitted to donate organ and tissue in a manner as may be prescribed by the governmentRule 53g of Transplantation of Human Organs and Tissues Rules 2014 says that living organ or tissue donation by minor is not permitted except under medical grounds to be recommended in detail with justification and prior approval of competent authority the plea said PTI SKV SKV RKS RKS

New Delhi Sep 22 PTI The Delhi High Court Wednesday dismissed a plea by an IRS officer challenging an order of the Central Administrative Tribunal CAT which had refused to interfere with the governments decision of compulsorily retiring him in 2019The high court said the Central government has to weed out the dead woods and those who are not useful into the services and interested only in litigation in courts and not obeying the orders of the government during their service tenureA bench of Chief Justice D N Patel and Justice V Kameswar Rao in its 49-page judgement said it was in full agreement with the reasons given by the tribunal in its 2020 verdict and added that the petitioner has already been compulsorily retired since June 2019 that is approximately for the last 27 months he is not into the government serviceIt said even if the employee has succeeded in one or two cases or a few cases against the Central government that does not make him a compulsory retirement proof employeeThere can be waterproof tents or heatproof houses but there cannot be compulsory retirement proof employee even if he has succeeded in a few cases against the Central government it saidThe bench said compulsory retirement is absolutely an independent decision arrived at by the review committee keeping in mind the entire service record of the petitioner and his usefulness into the services of the authoritiesIn the 34 years span of his career for 20 years the petitioner has been busy in litigation with the respondents The conduct of the petitioner has shaken the confidence of the respondents to post him on public posts which involves public dealing it said while dismissing the appeal filed by IRS officer Ashok Kumar AggarwalThe bench said order of compulsory retirement is not a punishment nor does it attach any stigma to an employee and added that the petitioner had developed a tendency of not following government instructions of writing Annual Performance Appraisal ReportsThus after considering all these materials available on record including relating to the departmental inquiries against the petitioner and taking a holistic view of the record the review committee concluded that conduct of the petitioner is such that his continuance in service would be a menace to public service and injurious to public interestHence the services of the petitioner are no longer useful to the general administration The conduct of the petitioner is unbecoming of a public servant and obstructs efficiency in public services Therefore the review committee had recommended that the petitioner be compulsorily retired in the public interest under Rule 56j of Fundamental Rules it saidThe court said power is given to the government to energise its machinery and to make it more efficient by compulsorily retiring those who in its opinion should not be into the services in the public interest and that there is no ban or bar for the authorities that no compulsory retirement order can be passed whenever there is quashing of the charges in any litigation between an employee and the Central governmentWhat is to be seen is an overall assessment of the performance of an employee and his usefulness into the services and not one or two matters and decisions in those matters This opinion is a subjective satisfaction of the review committee In the present case there is no procedural error committed by the review committee while taking the decision under Rule 56j of Fundamental Rules the bench saidIt further said even if there are observations about malice in law while deciding a few matters between the Petitioner and Union of India that does not mean that there is presence of malice when the review committee has taken a decisionThe court said from the very inception into the government service till the age of 50 years there is enough and ample scope for an employee to improve his performance to prove his faithfulness and loyalty to the authorities to make his services necessary and useful to the government for the rest of the years of his serviceGovernment is taking the work from honest hands and dishonest hands Sometimes they are enthusiastic and sometimes they are lethargic Sometimes there is combination of both that is honest man may be lethargic and dishonest man may be enthusiastic but all these employees for any reason whatsoever sometimes because of even quashing of the charges against them they have been continued into services but enough is enough it saidThe court said after a prescribed age of an employee there is an assessment by the government through the review committee and if looking to the entire service record of the employee his performance and usefulness into the remaining services if he is to be weeded out the Union of India has all powers jurisdiction and authority under Rule 56j of Fundamental Rules to make such an employee compulsory retired even if there is acquittal from some of the charges levelled against him by the governmentThe court said there are serious allegations against the petitioner of corruption and disproportionate assets including CBI cases for which sanction was given for prosecution and the SLPs are pending before the Supreme CourtThe court noted that not only the petitioner but as many as 64 persons have been compulsorily retired by the government PTI SKV SKV RKS RKS

New Delhi Aug 31 PTI The Delhi High Court which has been holding virtual proceedings since March 2020 resumed its physical hearings on Tuesday in a restricted manner after a gap of nearly five months due to the COVID-19 pandemicPresently two division benches and 10 single-judge benches are conducting proceedings physically and the remaining benches are continuing to take up matters through video conferencingMost of the judges who are sitting on physical hearing are also conducting hybrid proceedings or video conferencing where a request to such an effect is made by the partiesSince March 2020 the high court has been holding proceedings through video conferencing following the outbreak of COVID-19 and subsequently few benches had started holding physical courts everyday on rotation basisWhile the high court had resumed complete physical hearing from March 15 it had decided on April 8 that from April 9 it would take up matters through virtual mode only in view of the rise in COVID-19 cases during the second waveFollowing the outbreak of COVID-19 in March last year the court was holding proceedings through video conferencing Its functioning was restricted to urgent matters from March 16 last yearThereafter from March 25 last year the functioning of the high court and district courts was further restricted and no physical hearing was being conducted due to the spread of COVID-19Subsequently from September last year a few benches started holding physical courts everyday on a rotation basisSome of them also started holding hybrid proceedings wherein lawyers have the option to attend the hearing via video conference instead of appearing in personThe high court in its administrative order has advised all the stakeholders to get themselves vaccinated at the earliest PTI SKV SKV RKS RKS