New Delhi Feb 24 PTI The Delhi Government Thursday told the Delhi High Court that the process of appointing a Lokayukta as promised by the Aam Aadmi Party AAP in its election manifesto of 2020 was going onThe submission was made in response to a public interest litigation seeking a direction to the AAP government here to appoint within one month a Lokayukta as promised by the party in its election manifestoNoting the submission of the counsel for Delhi government a bench of Chief Justice D N Patel and Justice Jyoti Singh listed the matter for further proceedings on April 29Petitioner Ashwini Kumar Upadhyay a lawyer has stated that the political party came into existence after the historic anti-corruption movement but the post of Lokayukta has been lying vacant since December 2020Delhi government standing counsel Santosh Kumar Tripathi submitted that a meeting was convened in this regard and a name has been recommended for the appointment and the process is going onThe petitioner has alleged that the Delhi government is not taking steps to weed out the menace of bribery black money benami property tax evasion profiteering and other economic as well as white-collar offences and therefore being the protector of fundamental rights the court has to intervene in the matter of the appointment of a LokayuktaWhen Justice Reva Khetrapal retired as Delhi Lokayukta the government did nothing to fill the post till date and hundreds of complaints relating to corruption are pending in the office the petition claimedThe AAP was formed after the historic anti-corruption movement but the same party is not appointing the Lokayukta which confirms States poor performance on many fronts the plea submittedThe AAP promised a stringent and effective Jan Lokpal Bill in 2015 and 2020 election manifesto but rather enacting the Law it is not even appointing the Lokayukta under outdated ineffective 1995 Act and hundreds of serious complaints relating to corruption against MLAs are pending in Lokayukta Office the petition has submittedThe petitioner sought to direct the Delhi Government to appoint the Lokayukta in the spirit of the promises made in 2020 Election Manifesto within one month PTI SKV SA

New Delhi [India], January 18 (ANI): The Delhi High Court on Tuesday dismissed a petition by a restaurant seeking direction to authorities concerned to not interfere with the sale and service of herbal flavoured hookahs in the establishment.

New Delhi Jan 18 PTI The Delhi High Court on Tuesday dismissed a petition seeking a direction to the city government to not interfere with the sale and service of herbal hookahs in restaurantsJustice V Kameswar Rao noted that all restaurants and pubs have been closed by virtue of an order passed by the Delhi Disaster Management Authority on January 11 on account of the surge in positive cases of COVID-19 The judge said that no directions can be passed on the petition by a restaurant ownerDelhi government counsel Santosh Kumar Tripathi said that the government authorities are reviewing the situation of the pandemic in consultation with experts and the larger public interestHe stated that when an order was passed by the court in November last year to permit the sale of herbal hookahs in restaurants there was no surge of COVID-19 cases and the ban was on account of an order passed by the Delhi health department and not DDMAIn view of the order dated January 11 2022 no direction can be given as sought in the writ petition The order dated November 16 is distinguishable There is no merit in the petition and the same is dismissed the court orderedLawyer Anubhav Singh appearing for the petitioner sought direction from the court to stop the authorities from interfering in the sale and service of herbal hookah from the establishment of the petitionerHe submitted that the court had earlier passed an order on November 16 last year to permit its sale and service subject to compliance with COVID-19 appropriate behaviourThe petitioner contended that the ban of herbal hookah violated rights guaranteed under Articles 14 191g and Article 21 of the Constitution PTI ADS RKS RKS

New Delhi Nov 24 PTI The Delhi High Court Wednesday sought response of the Delhi Government on a plea by a lounge and bar owner seeking to restrain the authorities from interfering with its business of serving herbal hookah as permitted by the court recentlyThe petitioner Delhi Lounge and Bar Private Limited gave an undertaking before Justice Yashwant Varma that they will follow the norms and will ensure that herbal hookahs will not contain tobacco or nicotineThe plea contended that the authorities were not allowing it to serve herbal hookah that was permitted by its November 16 orderOn November 16 the high court had passed an interim order on a batch of pleas allowing for the time being the use of herbal hookah in restaurants and pubs in the national capital and said that COVID-19 restrictions cannot be permitted to continue at the cost of livelihoodDuring the hearing Delhi government standing counsel Santosh Kumar Tripathi and lawyer Arun Panwar submitted that the lounge management be asked to give an undertaking that they will not serve tobacco or nicotine in herbal hookahsThe petitioner said it was filing an undertaking before the court in terms of the November 16 order that they will only serve flavoured hookahs with the use of disposable pipes while following COVID-19 protocolsThe court listed the matter for further hearing on February 9The November 16 order had come on a batch of pleas by several restaurants and bars against the prohibition on the sale or service of herbal flavoured hookahsThe high court had said that prohibitions imposed on account of the pandemic cannot go on forever and noted that the authorities have already permitted cinema halls and swimming pools to function at full capacityThe court had clarified that it was granting permission as interim relief and the same was subject to the petitioners giving an undertaking to it that they would strictly follow COVID-19 appropriate behaviour while serving herbal hookahIt had asked the Delhi government to take a call if other restaurants and bars approach it for permission to serve herbal hookah in compliance with COVID-19 protocolSeparate petitions were filed by Breath Fine Lounge and Bar TOS R High Speedbar and Lounge Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh saying that they were serving herbal hookahs for which no licence is required as they are totally without tobacco but the police were still conducting raids seizing equipment and issuing challansThe petitioners challenged the order of the Joint Commissioner of Police Licensing Unit prohibiting the sale or service of herbal flavoured hookahsThe Delhi government has been opposing the pleas saying that for a single mistake the entire Delhi would have to pay a heavy price and allowing hookah consumption in public places may spread COVID-19 since people would be sharing itThe Delhi government has said the use of hookah be it with or without tobacco in all public places including hotels restaurants eatery houses bars pubs and discotheques in the national capital is strictly prohibited as the use or sharing of hookah may further increase the spread of COVID-19Delhi government counsel had referred to the August 3 2020 order passed by the Health Department which observed that in public places use and sharing of hookah with and without tobacco herbal hookah may further increase the spread of coronavirusNow therefore in the exercise of powers conferred by the Delhi Epidemic Diseases COVID-19 Regulations 2020 under the Epidemic Diseases Act 1897 the use of hookah with or without tobacco that is herbal hookah water pipes and other hookahs like devices in all public places including hotels restaurants eatery houses bars pubs discotheques etc of the NCT of Delhi is strictly prohibited with immediate effect for prevention and control of the outbreak of epidemic disease namely COVID-19 in NCT of Delhi the Delhi government order said PTI SKV RKS RKS

New Delhi Sep 30 PTI The Delhi High Court Thursday expressed its unhappiness over the Delhi governments response filed on the pleas of restaurants seeking to direct the state and police not to interfere with the sale of herbal flavoured hookahs saying it was silent on whether the prohibition order has been reconsidered by DDMAThe high court said it had on September 17 specifically directed the Delhi government to ask the Delhi Disaster Management Authority DDMA to reconsider its August 3 2020 order prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 however the authorities failed to inform regarding thisThe court said the Delhi government was directed to file an affidavit why the last years order was not reconsidered in light of the change of situation of the COVID-19 pandemicUnfortunately even though the respondent Delhi government has filed an affidavit trying to justify why the sale of flavoured hookah is not permissible there is no whisper if the decision has been reconsidered by the DDMA or not Justice Rekha Palli saidThe court granted one weeks time to the Delhi government while directing it to file an affidavit specifically stating whether the DDMA has reconsidered the August 2020 order and also reasons for continuing with the decisionIt listed the matter for further hearing on October 8 saying DDMA has to at least apply its mindThe court told the petitioners counsel that in COVID times the authorities are not permitting many things and it needs to be seen whether it should force them to allow this activityIt said nobody was stopping the petitioners from running their restaurants only hookah activity was not permissible presentlyWhile perusing the governments affidavit the court said it was not in compliance with the last order and it was not happy with the responseDelhi government standing counsel Santosh Kumar Tripathi said the situation is very alarming and people need to be disciplinedHe said he has apprised the DDMA about the courts order but he was yet to get instructions from them and sought some time for it On September 17 the high court had asked the Delhi government why DDMAs order prohibiting the use of herbal hookah in public places to contain the spread of COVID-19 be not re-considered when breath analyser test was being allowed nowThe high court had issued notice and sought a response from the Delhi government on five separate pleas by restaurants and bars seeking to direct the state and police not to interfere with the sale of herbal flavoured hookahs or take coercive steps against themSeparate petitions were filed by Breath Fine Lounge and Bar TOS R High Speedbar and Lounge Verandah Moonshine and Sixth Empirica Lounge in West Punjabi Bagh challenging the order of the Joint Commissioner of Police Licensing Unit prohibiting and excluding the sale or service of herbal flavoured hookahs in restaurantbar being run by themThe pleas said the petitioners are serving herbal hookahs for which no licence is required as they are totally without tobacco but the police are still conducting raids seizing equipment and issuing challansThe petitioners counsel had earlier said as long as the restaurants undertake not to use nicotine in hookah they cannot be prohibited from carrying out their businessesThe pleas have sought to declare that definition of smoking under the Cigarettes and Other Tobacco Products Act COTPA does not cover herbal flavoured hookahs and to direct the authorities not to take any extreme step of suspension or cancellation of registration certificate of the petitionersThe Delhi government has been opposing the pleas saying for a single mistake the entire Delhi would have to pay a heavy price and allowing hookah consumption in public places may spread COVID-19 since people would be sharing itThe Delhi government has said the use of hookah be it with or without tobacco in all public places including hotels restaurants eatery houses bars pubs and discotheques in the national capital is strictly prohibited as the use or sharing of hookah may further increase the spread of COVID-19Delhi government counsel had referred to the August 3 2020 order passed by the Health Department which observed that in public places use and sharing of hookah with and without tobacco herbal hookah may further increase the spread of coronavirusNow therefore in the exercise of powers conferred by the Delhi Epidemic Diseases COVID-19 Regulations 2020 under the Epidemic Diseases Act 1897 the use of hookah with or without tobacco that is herbal hookah water pipes and other hookah like devices in all public places including hotels restaurants eatery houses bars pubs discotheques etc of the NCT of Delhi is strictly prohibited with immediate effect for the purpose of prevention and control of the outbreak of epidemic disease namely COVID-19 in NCT of Delhi the Delhi government order said PTI SKV SKV RKS RKS

New Delhi Sep 28 PTI The Delhi High Court Tuesday said the issue of security in district courts of the national capital is urgent as lawyers too may become victims of incidents such as the Rohini court shootout which left three people deadThe high court asked the police to file a status report on a plea seeking to ensure adequate security in district courts here in the wake of recent shootout inside the crowded Rohini courtroomJustice Rekha Palli issued notice to Delhi Police and Bar Council of Delhi BCD on the petition filed by a woman advocate and said the report be filed within five daysThis is something urgent We dont want to lose lives Lawyers could also become victims of incidents like this one We dont want that the court said and listed the matter for further hearing on October 11The police informed the court that it was taking steps to ensure that the security in district courts is geared up adequatelyAdvocate Robin Raju appearing for petitioner Deepa Joseph said the woman advocate was relatively new to the profession and soon after the firing incident videos and photos were circulated on social media which had a jolting impactAdvocate Ajayinder Sangwan representing the BCD informed the court that they had a detailed meeting with senior police officers and it was agreed that the security at district courts would be upgraded to be at par with that at the Supreme CourtDelhi government standing counsel Santosh Kumar Tripathi assured the court that the police has been taking steps to ensure adequate security at district courtsThe petitioner-advocate said in her plea that she has been practising in various Delhi courts which have become unsafe and an easy terrain for gangsters to settle scores with each other making courts unsafe for thousands of lawyersIt is also painful that a young legal professional has also got severely injured in the scary incident This shootout inside the court again puts a big question mark on the safety and security of judges lawyers and litigants inside the district courts in Delhi the plea saidIt sought direction to Delhi Police and BCD to consider instructing all police personnel at court entrances to ensure that they check the ID cards of every lawyer who enters the premisesIt also sought that Delhi Police make the level of security and frisking of lawyers at par with the Supreme Court and Delhi High Court and to take disciplinary action against the officers who fail to implement this direction with utmost diligence and seriousnessThe plea moved through lawyer Blessan Mathews said the BCD be asked to issue an advisory to all the District Bar Associations in Delhi to recommend members of their bar to cooperate with police personnel at the main entrance of 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 fired On September 24 Chief Justice of India N V Ramana expressed deep concern over the shootout inside the crowded Rohini courtroom and spoke to the Delhi High Court Chief Justice and advised him to talk to both police and the Bar to ensure that the functioning of the court is not affectedWitnesses had said a law intern has also sustained bullet injury in her leg and some also claimed that the gang members pumped 10 bullets into Gogi one of Delhis most wanted criminalsSources had said Gogi received about seven bullet injuries even as there was no official confirmation from police on this PTI SKV SA