Delhi High Court Weekly Round Up- News Updates [April 24- 29, 2023]
1. [Asif Iqbal Tanha's Plea Against Statement Leak] The Delhi High will hear Delhi Riots accused Asif Iqbal Tanha’s plea against leak of his “disclosure statements” in the case on August 2, 2023. Tanha filed the present petition in 2020 claiming that his ‘disclosure statements’ were leaked by the Delhi Police and sought an investigation into the officials' misconduct as to who leaked the information to media channels. Through the plea, he also sought guidelines on media reporting of ongoing criminal investigations.
Bench: Justice Dinesh Kumar Sharma
Case Title: Asif Iqbal Tanha (Through Pairokar) vs. State of NCT of Delhi & Ors.
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2. [BBC Documentary on PM Modi] The Delhi University told the Delhi High Court that by screening the banned BBC documentary on Prime Minister Narendra Modi- “India: the Modi Question” at the Faculty of Arts on January 27, Lokesh Chugh indulged in a 'gross act of indiscipline' which has 'tarnished the image of the University', which is otherwise a premier Educational Institution in India.The court was hearing a plea filed by Ph.D. research scholar and National Students Union of India (NSUI) Secretary, Lokesh Chugh who was debarred for 1 year for his alleged involvement in the screening of the banned BBC documentary.
Bench: Justice Purushaindra Kumar Kaurav
Case Title: Lokesh Chugh v. University of Delhi & Ors.
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3. [Bail Hearing] During the hearing in the bail plea of Hyderabad-based businessman and accused in the Delhi Excise Policy case Benoy Babu, the Directorate of Enforcement (ED) told the Delhi High Court that “he (Benoy Babu) played a singular key role in making sure that the wholesale of Pernod Richard goes to Indo Spirit to ensure advance kickbacks are assured and his role was so critical.” Babu moved the High Court on February 21, challenging the trial court’s order denying him bail. Binoy worked as a Regional Manager with a liquor company M/S Pernod Ricard and was arrested in November 2022 in connection with the case being investigated by the Directorate of Enforcement (ED).
Bench: Justice Dinesh Kumar Sharma
Case Title: Binoy Babu v. ED
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4. [Google’s New In-App Billing Policy] The Delhi High Court on Monday last week directed the Competition Commission of India (CCI) to decide the applications moved by a bunch of startups through the Alliance of Digital India Foundation (ADIF) challenging Google’s new in-app billing policy and to dispose of the same on or before April 26. The court passed the orders on a plea moved by Indian start-ups like Paytm, Matrimony, MapmyIndia, and TrulyMadly, through ADIF against Google’s new in-app purchase policy, which is set to be applicable from April 26.
Bench: Justice Tushar Rao Gedela
Case Title: Alliance of Digital India Foundation v. Competition Commission of India & Ors.
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5. [Google's Appeal] The Delhi High Court refused to "urgently list" an appeal filed by Google agisnt single judge order directing the Competition Commission of India (CCI) to decide the applications moved by a bunch of startups through the Alliance of Digital India Foundation (ADIF) challenging Google’s new in-app billing policy and to dispose of the same on or before April 26. Senior Advocate Sandeep Sethi appearing for Google mentioned the appeal and requested for urgent listing before a division bench. However, the bench 'refused' to hear Google’s appeal.
Bench: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad
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6. [Transgender Rights] The Delhi High Court has directed the Delhi government to consider representation seeking legal recognition of the transgender community as the third gender in bus tickets issued by the bus conductor and to provide free travel for them in buses operated by the Delhi Transport Corporation (DTC).The court was hearing a contempt petition filed by one Amit Juyal through Advocate Amit George. The contempt plea sought compliance with directions issued earlier by a division bench of the court, wherein the Delhi government was directed to consider the representation positively within 4 months.
Bench: Justice Manmeet Pritam Singh Arora
Case Title: Amit Juyal v. Government of NCT of Delhi & Ors.
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7. [PIL for Unifrom Civil Code] The Delhi High Court has recently asked Advocate Ashwini Kumar Upadhyay to place before it the prayers made by him before the Supreme Court in similar matters.The court was hearing a batch of petitions filed by Advocate Ashwini Kumar Upadhyay, Danish Eqbal, and others seeking direction for the drafting of a Uniform Civil Code (UCC) by the Law Commission.
Bench: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad
Case Title: Ashwini Kumar Upadhyay Vs. Union of India & Anr, Danish Eqbal v UOI and Ors. (a batch of connected matters)
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8. [Google's Appeal in New In-App Billing Policy Case] The Delhi High Court recently 'issued notice' on the appeal filed by Google against a single judge bench order directing the Competition Commission of India (CCI) to decide the applications moved by a bunch of startups through the Alliance of Digital India Foundation (ADIF) challenging Google’s new in-app billing policy. The court posted the matter for hearing on July 19, 2023.
Bench: Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad
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9. [Cattle Smuggling Case] The Delhi High has posted Trinamool Congress (TMC) Leader Anubrata Mondal's plea challenging the trial court’s order of January 24, denying him default bail in the case registered by the Directorate of Enforcement (ED) related to cattle smuggling in West Bengal for hearing on June 1. During the hearing, the senior counsel appearing for Mondal filed an early hearing application. He contended, "My Lord! the pleadings are complete, and we have received the response from the Directorate of Enforcement. It is a Section 167 application. Even the Supreme Court says that within 15 days it should be disposed of. Four months date is given in the case My Lord!" Additional Solicitor General (ASG) SV Raju appearing for ED submitted, "Any date convenient to My Lords! may be given".
Bench: Justice Dinesh Kumar Sharma
Case Title: Anubrata Mondal v. Directorate of Enforcement
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10. [Liquor Policy Scam] The Delhi High Court heard submissions in the bail plea filed by former Deputy Chief Minister and Aam Aadmi Party (AAP) leader Manish Sisodia in a case registered by the Central Bureau of Investigation (CBI) in connection with the "Delhi liquor scam case". During the hearing, Senior Advocates Dayan Krishnan and Mohit Mathur appeared for Sisodia. Additional Solicitor General (ASG) SV Raju along with Special Public Prosecutor (SPP) DP Singh appeared for the CBI. Opposing the bail plea, ASG Raju contended, “It is a deep-rooted conspiracy. It is not as simple as depicted by them. Yesterday, we filed the chargesheet in the case. Cognizance is yet to be taken”.
Bench: Justice Dinesh Kumar Sharma
Case Title: Manish Sisodia v. CBI
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11. [Sukesh Chandrashekhar] The Delhi High Court has sought a status report from the Delhi Police on the plea by Sukesh Chandrashekhar challenging the punishment awarded to him by the jail authorities. Chandrashekhar has prayed to set aside and quash the order of April 17, 2023, passed by the office of the Jail Deputy Superintendent of Prison, Mandoli, as well as stay on the execution of the said order until the adjudication of the present petition. His plea stated that the Jail Deputy Superintendent had arbitrarily, erroneously, and without any application of mind, awarded two punishment tickets against Chandrashekhar depriving him of the canteen facility and the Mulakat/Phone call facility for 15 days.
Bench: Justice Dinesh Kumar Sharma
Case Title: Sukesh Chandrashekhar v. State Govt NCT of Delhi
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12. [Excise Policy Scam] The Delhi High Court has posted former Aam Aadmi Party (AAP) communications in-charge Vijay Nair's bail plea in connection with the money laundering case related to the Delhi excise policy scam for hearing on May 9, 2023. During the hearing, Senior Advocate Manish Vashisht appearing for Nair filed an "early hearing application". He contended, “This is an early hearing application. I am sorry to trouble my lordships with this application, but the Hon'ble Supreme Court has requested to take up this bail application”.
Bench: Justice Dinesh Kumar Sharma
Case Title: Vijay Nair v. ED
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13. [BBC Documentary PM Modi] The Delhi High Court has set aside Delhi University’s order debarring Ph.D. research scholar and National Students Union of India (NSUI) Secretary, Lokesh Chugh for his alleged involvement in the screening of the banned BBC documentary on Prime Minister Narendra Modi- “India: the Modi Question” at the Faculty of Arts on January 27. The bench opined that action against Lokesh Chugh was taken in violation of the principle of natural justice, and that the reasons were necessary to be assigned by the administrative authority in the order. "The court is unable to sustain the impugned order dated March 10, 2023. The impugned order is set aside. The admission of the petitioner is restored. Necessary consequences will follow," the court ordered. The single-judge bench clarified that the university is free to take legal action against the petitioner since the debarment order was being overturned due to a violation of the principle of natural justice.
Bench: Justice Purushaindra Kumar Kaurav
Case Title: Lokesh Chugh v. University of Delhi & Ors.
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14. [2018 Contempt Case] Rashtriya Swayamsevak Sangh (RSS) ideologue S Gurumurthy informed the Delhi High Court that he will not submit another affidavit tendering ‘unconditional apology’ in the 2018 Contempt Case.The division bench was hearing a contempt plea filed by the Delhi High Court Bar Association (DHCBA) seeking criminal contempt proceedings against Gurumurthy over his tweet wherein he questioned whether Justice S Muralidhar was Senior Advocate P Chidambaram’s junior. The tweet was posted following a division bench led by Justice Muralidhar’s decision to award temporary protection to Karti Chidambaram in the INX Media case.
Bench: Justice Siddharth Mridul and Justice Talwant Singh
Case Title: Delhi High Court Bar Association through its Secretary v. S. Gurumurthy
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15. [SRK's upcoming film Jawan] The Delhi High Court has restrained various platforms including rogue websites, cable TV platforms, and direct-to-home (DTH) services along with John Doe defendants from circulation of the copyrighted content of Shah Rukh Khan’s upcoming film “Jawan”, which is scheduled to release on June 2.The bench was hearing a copyright suit filed by Red Chillies Entertainment Private Limited, the production house owned by Shah Rukh Khan and Gauri Khan against the rogue websites and other defendants seeking restraint from broadcasting or airing any part of the film “Jawan”.
Bench: Justice C. Hari Shankar
Case Title: Red Chillies Entertainment Pvt. Ltd. v. Ashok Kumar/John Doe & Ors.
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16. [Hate Speech] While observing that faith and religion are more resilient and cannot be hurt or provoked by the views of an individual, the Delhi High Court has recently quashed the summons issued to Maharashtra Navnirman Sena Chief Raj Thackeray by different courts in an alleged hate speech case.The bench said, “India is a country which is unique due to various religions, faiths, and languages which coexist side by side. Its unity lies in this “coexistence.” Religious feelings and religious sentiments cannot be so fragile as to be hurt or provoked by a speech of an individual. Religion and faith are not as fragile as human beings. They have survived for centuries and will survive for many more”.The allegations are that Thackeray made certain comments in 2018 regarding the religious festival “Chatt Pooja”, which hurt the religious sentiments of the people belonging to a particular community and state. It has also been stated that the alleged speech was published in a magazine and that it was provocative in nature and caused hurt to religious feelings.
Bench: Justice Jasmeet Singh
Case Title: Swararaj @Raj Shrikant Thakeray & Anr. v. State & Anr.
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17. [Sukesh Chandrashekhar] The Delhi High Court has asked the Mandoli Jail authorities to give a post facto hearing to conman Sukesh Chandrashekhar, arrested in connection with several fraud cases, on the punishment ticket issued to him depriving him of canteen facility for 15 days. The court said, "Without going into the issue of minor and major punishment and particularly in view of the fact that the matter is pending before the Supreme Court, let a post facto hearing be given for punishment no. 1 (stoppage of canteen facility)," The court noted that Additional Standing Counsel (ASC) Nandita Rao agreed that the petitioner will be given a post facto hearing in respect of Punishment No. 2 which is the stoppage of mulakat and phone calling facility" for 15 days. Subsequent to that, a fresh decision shall be taken in accordance with the law and Delhi Prison Rules.“In view of this, the counsel for Petitioner does not want to press the present petition. Accordingly, it is disposed of”, the court said while disposing of the petition.
Bench: Justice Dinesh Kumar Sharma
Case Title: Sukesh Chandrashekhar v. State Govt NCT of Delhi
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