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You are here: Home / Archives for Delhi High Court

Defamation case: Kejriwal, Sisodia, Yogendra forced to appear

March 18, 2015 by Nasheman

Arvind Kejriwal

New Delhi: Chief Minister Arvind Kejriwal, his deputy Manish Sisodia and dissident AAP leader Yogendra Yadav were today forced to appear before a Delhi Court in a criminal defamation case after their failure to do so drew a stinging remark by the judge that they have “no respect for law”.

“There is nothing to reflect why the accused (Kejriwal, Sisodia and Yadav) have not appeared. Accused have no respect for law. Considering no one has appeared for accused, I am keeping the matter pending at 2PM. Call at 2PM,” Metropolitan Magistrate Mayuri Singh said after the trio failed to comply with court’s order that they were to “positively” appear today.

Hours after the court rejected their plea for exemption from personal appearance for the day citing lawyers’ strike, the Chief Minister, Deputy CM and Yadav showed up before the Magistrate who marked their presence and fixed the case for May 2 for pronouncing order on the issue of whether to frame charges against the accused.

Kejriwal and Sisodia reached the court room together at around 1.45 pm while AAP leader Yogendra Yadav arrived few minutes later.

The presence of the Chief Minister resulted in over crowding of the court room and the premises prompting the magistrate to ask the onlookers to vacate the room.

On the arrival of the three leaders, the police barricaded the premises and the court room, which was already filled with advocates, litigants, mediapersons and staff of other courts, was latched from inside.

The case was put up before link magistrate Singh as Metropolitan Magistrate Muneesh Garg, before whom the matter was going on, was on leave today.

“As the presiding officer (before whom the case is going on) is on leave, I will fix the case for the purpose already fixed and will give you the date.

“I have marked the presence of the three accused, they can leave,” the magistrate said.

The three leaders had sought exemption from personal appearance for the day saying the case was at a crucial stage and the presence of advocates was necessary.

Later on, the lawyers, including senior advocate H S Phoolka and advocate Rahul Mehra, who accompanied the AAP leaders were without bands due to the strike.

In the morning, the court had directed them to personally appear before it at 2 pm saying there was no ground for exemption from their appearance and they “have no respect for the law”.

The court said the exemption application displayed no reason for the absence of the accused.

The court had noted that a clerk appeared on behalf of the accused and their advocates and moved the exemption plea.

The exemption plea, however, was opposed by complainant and advocate Surender Kumar Sharma saying the lawyers are on strike and not the litigants.

“It is mockery of justice. It would not be in the interest of justice if any adjournment is given in the case as the matter had earlier been adjourned three times due to absence of the accused,” he said.

The court had earlier issued summons against the three AAP leaders under sections 499, 500 (defamation) and 34 (common intention) of the IPC, and had said there was prima facie material to summon the accused.

The court had granted bail to Kejriwal, Sisodia and Yadav, after they had appeared before it on June 4 last year in pursuance to summons against them.

In the post-lunch proceedings, complainant Sharma who was accompanied by large number of lawyers sought court’s permission to advance arguments.

However, the magistrate denied the request saying the concerned court will hear the matter on the next date of hearing.

The court on February 11 had given last opportunity to Kejriwal, Sisodia and Yadav and directed them to positively appear before it today as it was scheduled to pass order on the issue of framing of charges.

Sharma, in his complaint, had alleged that in 2013 he was approached by volunteers of AAP who had asked him to contest the Delhi Assembly elections on a party ticket, saying Kejriwal was pleased with his social services.

He filled up the application form to contest the polls after being told by Sisodia and Yadav that AAP’s Political Affairs Committee of the party had decided to give him the ticket. However, it was later denied to him.

On October 14, 2013, the complainant claimed that articles in leading newspapers carried “defamatory, unlawful and derogatory words used by the accused persons” which have lowered his reputation in the Bar and the society.

While issuing summons against AAP leaders, the court had said, “The press release published in newspapers as well as testimonies of witnesses reflect that defamatory remarks were published in the newspaper which affected the reputation of the complainant in the society and lowered his reputation in the eyes of other members of the society.”

(PTI)

Filed Under: India Tagged With: Aam Aadmi Party, AAP, Arvind Kejriwal, Delhi High Court, Manish Sisodia, Yogendra Yadav

HC issues notice to centre on poor condition of beggars' homes

February 26, 2015 by Nasheman

Representational Image

Representational Image

New Delhi: The Centre and the Delhi government have been sent a notice by the Delhi High Court on Wednesday on a PIL seeking basic facilities at beggars’ homes in the national capital.

A division bench comprising of Chief Justice G. Rohini and Justice R.S. Endlaw have asked for a response from the central government, Delhi government and Delhi police by April 22.

The PIL (public interest litigation) was pending before the Supreme Court since 2000. The apex court had it transferred to the Delhi High Court this year, asking to take appropriate action as the case relates to beggars’ homes in Delhi.

The PIL had sought for basic human and fundamental rights for the beggars in the national capital and also to make arrangements for “clean shelter, proper food, clothing and other necessary basic amenities including proper medical aid facilities to all the beggar institutions”.

It also sought appointment of visiting committees for periodic visits to these institutions and increase in the number of beggars’ homes in Delhi.

The PIL further sought directions not to keep juvenile criminals/insane beggars in the company of other beggars housed in the institutions.

Filed by one Karnika Sawney, the plea sought direction to the Centre for providing vocational training that would provide meaningful work and provision of payment of minimum allowance to the inmates for the work done by them.

(IANS)

Filed Under: India Tagged With: Beggars, BJP, Delhi, Delhi High Court

Nothing wrong in 'PK', says Delhi HC, dismisses plea

January 7, 2015 by Nasheman

pk

New Delhi: The Delhi High Court Wednesday dismissed a PIL filed against Raj Kumar Hirani directed and Aamir Khan starrer film “PK”, saying “the film was not offensive”.

A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw refused to entertain the plea which sought ban on the film for alleged derogatory remarks against Hindu gods, Hindu beliefs, faith and worship in the movie.

The bench said: “What was wrong in the movie? We don’t find anything offensive in it. We don’t find any substance in the plea.”

The court said it will pass a detailed order on the plea later.

The PIL, filed by Gautam, argued that the film made mockery of Hindu god and Lord Shiva was shown in bad light.

“The Hindu way of worship has also been criticised in a most unwarranted manner,” he alleged.

Additional Solicitor General Sanjay Jain appearing for the Centre opposed the plea, saying similar matter came before the Supreme Court which had rejected it.

Aamir Khan and Anushka Sharma starrer “PK” may have impressed critics and audiences but the portrayal of Hindu sentiments in the film has drawn the ire of right-wing organisations which say the movie disrespects Hindu religion.

(IANS)

Filed Under: India Tagged With: Aamir Khan, Bollywood, Delhi High Court, Film, Movie, PK

Anointment ceremony of Imam Bukhari's son illegal: Delhi High Court

November 20, 2014 by Nasheman

Pakistani Prime Minister Nawaz Sharif waves as he walks with Syed Ahmed Bukhari, the Shahi Imam of the Jama Masjid, during his visit to in New Delhi on May 27, 2014. -AFP/File Photo

Pakistani Prime Minister Nawaz Sharif waves as he walks with Syed Ahmed Bukhari, the Shahi Imam of the Jama Masjid, during his visit to in New Delhi on May 27, 2014. AFP/File Photo

New Delhi: The central government and Wakf Board Thursday told the Delhi High Court that the anointment ceremony of Jama Masjid Shahi Imam’s son as the Naib Imam (deputy Imam) was “illegal” and has no legal sanctity.

A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw was told by the Delhi Wakf Board that it has not given any legal sanctity on appointment of Imam and will soon hold a meeting in this regard.

The anointment ceremony is scheduled for Nov 22. The court after hearing the arguments reserved its order and will pass an order later in the day.

The court was hearing three public interest litigations (PILs) filed that said Jama Masjid is a property of the Delhi Wakf Board and Maulana Syed Ahmed Bukhari (Shahi Imam) as its employee cannot appoint his son as Naib Imam.

During Wednesday’s hearing counsel for Archaeological Survey of India and the central government told the court that Jama Masjid is a historical monument and it has to be decided how rule of primogeniture will apply on succession of Imam or chief cleric.

The pleas said Bukhari’s decision to anoint his 19-year-old son Shaban Bukhari, as the Naib Imam or the deputy Imam was wrong as there is no provision under the Wakf Act for hereditary appointment of the Imam.

“Despite knowing that the Imam is an employee of the Wakf Board and it’s the board which has the right to appoint an Imam, he (Bukhari) has declared his 19-year-old son to be a Naib Imam and is holding a dastar bandi ceremony for the purpose, which is purely anti-Islamic,” the pleas said.

Jama Masjid is India’s largest mosque built during the Mughal era. Besides, the PILs asked the court to declare invalid the appointment of Bukhari as the Shahi Imam of Jama Masjid.

The pleas also alleged that there is a “complete anarchy and misuse of power” by the Shahi Imam of the Jama Masjid.

Bukhari recently sparked off a controversy by announcing that he has invited Pakistan Prime Minister Nawaz Sharif for the ceremony of anointing his son as the deputy Imam but did not feel the need to invite Prime Minister Narendra Modi.

(IANS)

Filed Under: India, Indian Muslims Tagged With: Delhi, Delhi High Court, Imam Bukhari, Indian Muslims, Jama Masjid, Muslims, Narendra Modi, Nawaz Sharif, Nayab Shahi Imam, Syed Ahmed Bukhari, Wakf Board

Delhi HC notice to Election Commission on plea for MNS' de-recognition

October 16, 2014 by Nasheman

Raj Thackeray

New Delhi: The Delhi High Court Wednesday issued notice to the Election Commission on a plea seeking suspension of recognition of the MNS as a political party for its alleged use of “hate language ” against non-Marathi people on its website.

A division bench of Chief Justice G. Rohini and Justice R.S Endlaw sought response from the poll panel by Nov 5.

The court was hearing a petition filed by advocate Mithilesh Kumar Pandey, seeking direction to de-recognize the Raj Thackeray-led Maharashtra Navnirman Sena (MNS) for using hate language and for violating the model code of conduct.

The MNS on its website had said: “The MNS will fight to its last breath to eliminate the interference of the non-Marathi power-mongers from outside in the state’s politics and social life, thereby reinforcing the existence of Maharashtra for the Marathi manus (people).”

The plea, filed against the commission, the Maharashtra government, the MNS and Thackeray, said the MNS members have routinely made hate speeches against people from northern India.

“They have disturbed communal harmony by making inflammatory statements against people belonging to different religions/regions and distorted their impression of the Hindu religion/particular region and ideology,” it said.

Pandey told the court that on Aug 26, the poll panel “wrongly” held that MNS cannot be de-recognized as it has already removed the objectionable contents from its website.

The poll panel’s decision came after the court had disposed of Pandey’s similar plea on the issue and asked commission to expeditiously decide his complaint seeking de-recognition of the MNS.

(IANS)

Filed Under: India Tagged With: Delhi High Court, Election Commission, Hate Speech, Maharashtra Navnirman Sena, Mithilesh Kumar Pandey, MNS, Raj Thackeray

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