New Delhi: The Supreme Court on Friday expressed grave concern over tonnes of untreated solid waste in Delhi and noted no concrete solution seemed to be in sight until 2027 to treat 11,000 tonnes of solid waste generated in the national capital every day. A bench of Justices Abhay S Oka and Augustine George Masih directed the Centre to hold a meeting with the Delhi government and the MCD, including its commissioner, to discuss steps required to be taken to avoid an emergency situation. Expressing concern over the untreated solid waste, the bench remarked, "It doesn't see light at the end of the tunnel" when it comes to solid waste management in Delhi." The top court said that it is a "sorry state of affairs" in Delhi and that the situation could lead to a public health emergency. The apex court further said that, going by the Municipal Corporation of Delhi (MCD) affidavit and timelines, "there are no possibilities of adequate facilities in Delhi till 2027 to treat 11,000 metric tonnes of solid waste in Delhi." "No guesswork is needed that by then solid waste generated will multiply. It is a sorry state of affairs in the capital city and can lead to a public health emergency," said the bench. The bench posted the matter for further hearing on September 6.
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The apex court was hearing a case relating to the deteriorating air quality in and around the national capital. In May, the top court expressed concern over the generation of tonnes of untreated solid waste every day in Delhi and said it directly affects the fundamental right of the citizens under Article 21 of the Indian Constitution to live in a pollution-free environment. Terming the situation where 3,800 tonnes of solid waste in Delhi go untreated every day as "horrible," it had said that immediate measures should be undertaken to ensure that the quantity of untreated solid waste does not increase till proper facilities are put in place to treat them. The bench had earlier noted it was an admitted position by all concerned that within the limits of the MCD, every day 3,800 metric tonnes of solid waste were generated, which cannot be treated as the existing plants do not have the capacity to treat them. It had also said that it was "shocking" that over 3,000 tonnes of the 11,000 tonnes of municipal solid waste generated in Delhi every day were not processed.
—ANI

The Supreme Court raises alarm over untreated solid waste in Delhi, warns of a public health emergency, and calls for urgent measures to manage 11,000 tonnes of daily waste.

"Sorry state of affairs": SC expresses concern on daily untreated solid waste in Delhi

New Delhi: The Rouse Avenue Court in Delhi has extended Chief Minister Arvind Kejriwal's judicial custody till August 8 in connection with the Delhi excise policy case. Kejriwal was produced before the court through video conferencing from Tihar Jail in a Central Bureau of Investigation (CBI) case regarding the alleged liquor scam. This decision follows the expiration of Kejriwal's previous judicial custody, which was initially set to conclude today. Earlier on July 18, the Delhi High Court reserved order on Arvind Kejriwal's plea seeking two additional legal meetings with his lawyers through video conferencing from jail.
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His plea was opposed by the counsel for jail authorities and the Enforcement Directorate (ED). Justice Neena Bansal Krishna reserved order on the plea after hearing submissions of counsels for the parties. Senior advocate Ramesh Gupta appeared for Arvind Kejriwal. The Rouse Avenue Court on July 1 denied Kejriwal two additional meetings with his lawyers through video conferencing (VC) from Tihar Jail. Special judge Kaveri Baweja dismissed the application moved on behalf of Arvind Kejriwal. He had moved an application seeking directions to the Jail Authorities for granting two additional meetings with his lawyers through VC.
—ANI

Delhi court extends Arvind Kejriwal's judicial custody till August 8 in the excise policy case, with new plea for legal meetings via video conferencing.

Delhi Excise policy CBI case: Court extends judicial custody of Arvind Kejriwal till August 8

Delhi court extends Arvind Kejriwal's judicial custody till August 8 in the excise policy case, with new plea for legal meetings via video conferencing.


New Delhi: A Delhi court has granted regular bail to one of the accused in the 1996 Lajpat Nagar bomb blast case. The accused was arrested 28 years after the blast incident. He was declared a proclaimed offender on February 19, 1997, and was arrested on July 9, 2024. On May 21, 1996, a powerful bomb blast took place in Lajpat Nagar Marke, killing more than a dozen people and leaving several others injured. The Jammu and Kashmir Islamic Front (JKIF) had taken responsibility for the blast. Additional Sessions Judge Hardeep Kaur granted bail to Mehrajuddin Bhatt, alias Juber. He was granted bail on Tuesday, July 23. The court has imposed several conditions, including that the accused shall not leave the country without the permission of the court. On being asked, the IO informed the court that nothing incriminating has come on record in the examination of two co-accused, namely Faridabad Dar alias Behenji and Latif Ahmed Waza. His name appeared in the disclosure statement of these two co-accused. Accused Mehrajuddin has been a permanent employee of the Institute of Management and Public Administration, Natipora, since 1989. The court noted that on April 8, 2010, accused Farida Dar was acquitted of the charge of conspiracy and Latif Ahmed Waza was acquitted of all the charges. Advocate Kartik Venu appeared for accused Mehrajuddin. It was submitted that the accused is innocent and is not at flight risk. He has been an employee of a government institution since 1989. It was also submitted that he was alleged to be part of the conspiracy. His name appeared in the disclosure statements of Faridabad Dar and Latif Ahmed Waza. The accused is in no position to hamper the investigation, as all the evidence is documentary. In this case, initially, an FIR was registered at police station Lajpat Nagar. Later on, the investigation was transferred to the special cell. In this case, out of 17 accused, four were convicted, six were acquitted, six were declared proclaimed offenders, and one accused has already expired.
—ANI

Delhi court grants bail to Mehrajuddin Bhatt, accused in the 1996 Lajpat Nagar bomb blast. Arrested 28 years later, conditions imposed include travel restrictions.

Delhi court grants bail to accused arrested 28 years after 1996 Lajpat Nagar blast

New Delhi: The Supreme Court on Monday asked the Director of the Indian Institute of Technology (IIT) Delhi to constitute a team of three experts on the subject concerned to form opinion on the correct answer of a question in the NEET-UG 2024. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra asked the team to give their opinion by Tuesday 12 noon regarding the correct answer to an MCQ question of the exam for which the National Testing Agency awarded marks for two options. Some students challenged the decision of the NTA to award marks for two options for the question. "... In order to resolve the issue as regards the correct answer, we are of the considered view that an expert opinion should be sought from IIT Delhi. We request the Director of IIT Delhi to constitute a team of three experts of the subject concerned. The expert team constituted by the Director is requested to formulate the opinion on the correct option and remit the opinion to the Registrar by 12 noon tomorrow. The Registrar General is requested to communicate the order to the IIT Delhi Director so that expeditious steps for the preparation of the opinion can be taken," the bench stated in its order. The petitioners said, as per the instructions issued by the NTA, the students had to follow the latest edition of the NCERT text book. It was told to the bench that option 4 was the correct answer for question no. 19 as per latest edition. As per the old NCERT syllabus, option 2 was the correct option. The petiitoners said the NTA's decision to award marks to students who selected option 2 is contrary to the NTA's own instruction that the latest NCERT version has to be followed.
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As the hearing remained inconclusive, the bench said it would continue hearing the arguments tomorrow in the case alleging paper leak and malpractices in the NEET-UG exam. On Tuesday, the apex court would hear arguments of NTA and Centre. During the hearing, senior advocate Narender Hooda appearing for petitioners-students told the top court that Bihar police investigation statements say that leak was on May 4 and was prior to the deposit of question papers with respective banks. To this, the bench observed that the question paper ferried by e-rickshaw is an established fact, but the little nuance is that the picture that was distributed was of the OMR sheet and not the question paper. As Solicitor General Tushar Mehta read the statements of the accused, CJI observed that the statements of the accused indicate students were gathered to memorise on evening of May 4 and that means leak happened before May 4. The court has to see if the leak is localised and confined only to Hazaribagh and Patna or whether it is widespread and systemic, said the bench. Hooda also apprised the bench that Hardayal School Jhajjar, principal went to both the banks (SBI and Canara Bank) and took question papers. "Paper from Canara bank were distributed to the candidates. But SBI paper had to be distributed not Canara bank," he said. The bench asked, "How did Jhajjar centre-in-charge go to Canara bank and get the papers at all when SBI paper had to be distributed?" The apex court was hearing a batch of pleas seeking direction to recall NEET-UG 2024 results and to conduct the examination afresh, alleging paper leakage and malpractices in the test held. Aspirants had approached the top court and raised the issue of leakage of question paper, awarding compensatory marks and anomaly in question of NEET-UG. NEET-UG examination, conducted by NTA, is the pathway for admissions into MBBS, BDS and AYUSH and other related courses in government and private institutions across the country. The NEET-UG, 2024 was held across 4,750 centres on May 5 and around 24 lakh candidates appeared in it.
—ANI

Supreme Court orders IIT Delhi to review NEET-UG 2024 question dispute. NTA's decision challenged by students. Allegations of paper leak and malpractices ongoing.

SC seeks correct answer from IIT-Delhi experts of a NEET-UG question

New Delhi: The Delhi High Court on Monday disposed of a Public Interest Litigation (PIL) that sought an investigation by a multidisciplinary Special Investigation Team (SIT) into the alleged mishap where the roof collapsed following heavy rainfall on June 28, at Terminal-1 of the Indira Gandhi International Airport. In the matter, the Counsel representing the Central Government stated that the Ministry of Covil Aviation has constituted a High-Level expert committee consisting of structural engineers from IIT Delhi to assess the incident at Delhi Terminal-1 and submit its report. Further, all the airport operators have been directed to carry out a third-party audit of the structural stability of airport buildings and associated infrastructure through reputed government institution/body such as IITS, NITS, CBRI, EIL etc. All the airport operators have also been directed to carry out a thorough evaluation of all civil, electrical and technical aspects of the building, including the design, specifications, and workmanship of the roof sheeting structure, before the onset of the monsoon every year. It was also informed that airport buildings are built following laid down standards/National Building Code, Counsel representing the Central Government stated.
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Further, the Directorate General of Civil Aviation (DGCA) has published Civil Aviation Requirements Section 4 Series B Part I, which deals with standards prescribed for airside infrastructure, and DGCA carries out regular audits in the form of surveillance inspections/spot inspections to ensure compliance with these standards. All airport operators have been instructed to carry out third-party structural audit by reputed agencies like IIT/NIT/Govt. Engineering Colleges, EIL etc, Counsel representing the Central Government stated. The counsel for the government further stated that FIR under Sections 337, 304A IPC has been registered by the Delhi police and a probe is being carried out. The bench of Justice Manmohan and Justice Tushar Rao Gedela after noting down the submissions decided to dispose of the matter. The plea was moved by Civil Safety Council of India, through its President Yatin Swami, seeking directions to monitor the investigation by a multidisciplinary Special Investigation Team (SIT) headed by a group of expert engineers or any other agency like CBI, etc., to assess the quality of building construction, its project approval and clearance from civil agencies like MCD, etc., or its maintenance as per building byelaws and acts at all terminals in Delhi Airport and at other terminals of the country. Non-adherence of building regulations and the fast pace at which projects were completed are the main reasons behind such mishaps, resulting in the deaths of a 45-year-old cab driver and eight others, including a Merchant Navy officer, who sustained injuries after a portion of the roof at Terminal 1 of the Delhi airport collapsed during heavy rains, crushing at least three cars on June 28, the plea alleged.
—ANI

Delhi HC disposes of PIL for SIT probe into Terminal-1 roof collapse at IGI Airport. Ministry of Civil Aviation forms expert committee for investigation.

Delhi HC disposes of PIL seeking SIT probe in IGI Airport roof collapse incident

New Delhi: President Droupadi Murmu on Friday appointed seven additional judges of the Bombay High Court and three additional judges of the Delhi High Court as permanent judges of their respective high courts. The terms of the two additional judges of the Bombay High Court have also been extended for one year by reappointment. The Additional Judges of Bombay High Court who have been appointed as Permanent Judges of the same court are Yanshivraj Gopichand Khobragade, Mahendra Wadhumal Chandwani, Abhay Sopanrao Waghwase, Ravindra Madhusudan Joshi, Santosh Govindrao Chapalgaonkar, Milind Manohar Sathaye, and Dr. Neela Kedar Gokhalc.
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The Additional Judges of Delhi High Court who have been appointed as Permanent Judges of the same court are Girish Kathpalia, Manoj Jain and Dharmesh Sharma. The two Additional Judges of Bombay High Court who have been reappointed with the same designation are Sanjay Anandrao Deshmukh and Justice Vrushali Vijay Joshi. They have been appointed as Additional Judges of the Bombay High Court for a fresh term of one year with effect from 07.10.2024, said a press release issued by Union Ministry of Law and Justice.
—ANI

President Murmu appoints 7 Bombay and 3 Delhi High Court judges as permanent. Two Bombay High Court judges' terms extended, per Union Ministry of Law and Justice.

President Murmu appoints seven additional judges of Bombay HC, 3 additional judges of Delhi HC as permanent judges

New Delhi: The Supreme Court on Friday said that it will hear on July 22 a batch of petitions seeking a probe by a Special Investigation Team (SIT) into the alleged instances of quid pro quo arrangements between corporates and political parties through Electoral Bonds donations. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said it would hear the matter on Monday after advocate Prashant Bhushan mentioned it for an early hearing. The petition filed by NGOs Common Cause and the Centre for Public Interest Litigation (CPIL) had sought direction to the authorities to investigate the source of funding of shell companies and loss-making companies to various political parties, as has been disclosed through the electoral bond data. The petition further sought direction to the authorities to recover the amounts from political parties as donated by companies to these parties as part of quid pro quo arrangements where these are found to be proceeds of crime. It alleged that a scam worth crores of rupees is involved in the Electoral Bonds matter, which can be unravelled only through an independent investigation under the monitoring of the apex court.
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Seeking SIT probe to be supervised by a retired Supreme Court judge, the petitioners said, "The investigation in this case would not only need to unravel the entire conspiracy in each instance, which would involve officers of the company, officials of the government and functionaries of political parties but also the officers concerned of agencies like the ED/IT and CBI, etc., who appear to have become part of this conspiracy." The plea alleged that data which was disclosed to the public after the top court struck down the anonymous Electoral Bonds scheme showed that the bulk of the bonds appear to have been given as quid pro quo arrangements by corporates to political parties either to secure government contracts or licences, or to secure protection from investigations by CBI, Income Tax Department, Enforcement Directorate, or as consideration of favourable policy changes. They also alleged that several pharma companies, which were under regulatory scanner for manufacturing substandard drugs, also purchased Electoral Bonds. Such arrangements of quid pro quo are in clear violation of the Prevention of Corruption Act, 1988, it added. The Supreme Court, by its February verdict had struck down the Electoral Bonds Scheme which allowed for anonymous funding to political parties, and ordered the SBI to stop issuing Electoral Bonds immediately. It had unanimously quashed the Electoral Bonds scheme as well as amendments made to the Income Tax Act and the Representation of People Act which had made the donations anonymous.
—ANI

SC to hear pleas on July 22 for SIT probe into alleged quid pro quo in Electoral Bonds donations to political parties. NGOs allege large-scale corruption.

Electoral Bonds: SC to hear on July 22 plea seeking SIT probe into quid pro between corporates, political parties

New Delhi: The Supreme Court on Thursday directed the National Testing Agency (NTA) to publish on its website the marks obtained by all the students who appeared in Eligibility-cum-Entrance Test undergraduate exam (NEET-UG) 2024 and said the identity of students should be masked. A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra ordered that result should be published separately, city and centre-wise by Saturday 12 noon. The apex court passed the direction to the NTA to publish the results, after the petitioners-students urged it to direct the testing agency to publish the result of all students to bring in some transparency. The top court in its order stated, "The petitioners have submitted that it would be appropriate if the results of the NEET-UG 24 exam is published on the website so as to bring about some transparency on the centre-wise marks obtained by candidates. We direct the NTA to publish the marks obtained by students in the NEET-UG 2024 exam while at the same time ensuring that the identity of the students is masked. The results should be declared in relation to each centre and city separately." The bench said it will continue the hearing of pleas alleging paper leak and malpractice in NEET-UG 2024 exams, on July 22. The top court held a day-long hearing in the NEET-UG matter. The apex court was hearing a batch of pleas seeking direction to recall NEET-UG 2024 results and to conduct the examination afresh, alleging paper leakage and malpractices in the test held. Aspirants had approached the top court and raised the issue of leakage of question paper, awarding compensatory marks and anomaly in question of NEET-UG. NEET-UG examination, conducted by NTA, is the pathway for admissions into MBBS, BDS and AYUSH and other related courses in government and private institutions across the country.
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The NEET-UG, 2024 was held across 4,750 centres on May 5 and around 24 lakh candidates appeared in it. During the hearing, apex court posed several questions to NTA regarding alleged paper leak and malpractices in NEET exam. It asked NTA about how many students out of 23.33 lakhs who appeared for the exam changed their centre. NTA said that in the name of corrections, students change centres and 15,000 students utilised the window for corrections. NTA said that students can change only the city and no candidate can choose the centre. Centre is allotted by the system and centre's allotment is only two days before the exam, so nobody knows which centre is going to be allotted, it added. Petitioners-candidates counsel argued that question papers were dispatched to the centres on April 24 through a private courier company and reached the SBI and Canara banks on May 3. To this, CJI said that the papers were dispatched on April 24 and received on May 3, which makes the time gap about nine days. The top court was informed that question papers were sent to SBI and Canara bank branches in 571 cities and there were 4,750 centres. Solicitor General Tushar Mehta said that CBI has investigated the entire chain of event from the printers to the centres. "CBI has investigated the entire chain of event from the printers to the centres... how there was sealing, GPS tracking..., there are digital lockers... There is a 7-layer safety system. There are two printing presses because there are two papers," he said. Petitioners' counsel told the bench that a trunk was found to be travelling on an open e-rickshaw to Oasis school and Hazaribagh school principal received this trunk and now arrested by CBI. The sealed trunk was delivered to him and not to any bank. He further said, "There is a systemic failure by NTA in conducting the exam by NTA, it's failure is multi-dimensional. The transportation of question papers got compromised when for six days the papers were in the hands of a private courier company and the papers were being transported in an e-rickshaw in Hazaribagh. Instead of taking it to the bank, the driver took it to the Oasis school." The dissemination of the leaked papers was doing rounds from May 3 itself, he said, adding that evidence of Telegram videos show that the solved papers were being circulated on May 4. "Given the nature of social media, it is impossible to accurately determine the exact spread of the leaked papers and the beneficiaries," argued the counsel. To this, CJI Chandrachud asked, why would people making money out of leaked papers circulate them mass-scale? "The idea of somebody doing this is not to make a national charade of NEET exam. People were doing it for money. So, it was not to bring disrepute to the exam and somebody was doing it to make money, which is evident now. Mass leakage of paper also requires contacts at that level so that you connect to all such key contacts in different cities, etc. Anybody who is making money out of it won't circulate it mass scale," said the bench. CJI asked NTA and Centre that, according to them "students got papers at 10.15 am. There are 180 questions. Is it possible that between 9.30 am and 10.15 am that there are problem solvers and they are given to students in 45 minutes?" Solicitor General replied that there were seven paper solvers and they demarcated 25 questions each. "Whole hypothesis that within 45 minutes there was a breach and entire paper was solved and given to students seems very farfetched," said CJI. Solicitor General said that there (accused) modus operandi was that "they give the papers to the ones who gave postdated cheques. They did not want mass leak at all. Otherwise, their efforts are wasted. this gang member in Hazaribagh sent the paper to another gang member in Patna through WhatsApp." In Godhra incident, the bench said that it cannot say it was a part of widespread malpractice, there is no evidence that the cheating took place.
"It appears that wrongdoing has only happened in Hazaribagh and Patna... then after this we are only left with statistics that 61 students got 720/720... Can we cancel the entire examination on that sole basis?" it asked petitioners' counsel.
—ANI

Supreme Court orders NTA to publish NEET-UG 2024 results city and center-wise to ensure transparency amid allegations of paper leak and exam malpractices.

SC asks NTA to publish NEET-UG result of all students, mask their identity

Mumbai: Mihir Shah, the accused in the high-profile Worli hit-and-run case, was presented before the Sewri court on Tuesday for further remand proceedings. Police had sought further police custody for the accused but court refused the Damand. Mihir Shah has been sent to Judicial custody for 14 days, till July 30 According to the police, during investigation Shah has refused to answer critical questions about his actions and whereabouts after the crime. He has not disclosed why he fled the scene, where he disposed of his car's number plate, or the identities of those who allegedly harbored him while he was on the run. Police's request for further remand was objected by defence lawyer who said that it's been 7 days he is in custody and has already told the police whatever he had to tell. Now police is trying to seek the custody on almost similar grounds which were mentioned in first remand application. Also, three sections of Motor Vehicle act are added in original FIR of Worli hit and run case for Mihir Shah's car had blackened glass , PUC of the vehicle had expired and insurance of the car had also expired. Defence lawyer also emphasised that 27 witnesses have already repcorded their statements in the case including the barber who had done shave for the accused when he was on run so there is nothing left on the basis of which police should seek firsther custody. The police emphasized that obtaining this information is crucial for the ongoing investigation and requested the court to extend Shah's police custody to facilitate further questioning. Meanwhile, the Mumbai Police during its investigation in the Shiv Sena leader son's hit and run case has stated that the accused had consumed an excessive amount of alcohol at two different places on the night of the incident. According to the Mumbai police, "During the investigation, it was found that the arrested accused Mihir Shah consumed alcohol before the incidents. He consumed alcohol at two different places on the night of the incident." "The probe revealed that after drinking alcohol at Vice Global Tapas Bar located in the Juhu area, accused Mihir Shah drank alcohol at another place between Malad and Borivali," the police said. "The interrogation with Rajrishi Rajendra Singh Bidawat, accused driver, also revealed that these people had come to visit Marine Drive since the day of the incident fell on a Sunday," said police. Earlier on Wednesday, a Mumbai court sent Mihir Shah to police custody until July 16. Mihir Shah was arrested in Virar on Tuesday. He was brought to Sewri court in Mumbai on Wednesday. Shah had been absconding after the car he was allegedly driving hit a scooter on Dr Annie Besant Road in Worli on Sunday, July 7. Fourteen teams were formed by Mumbai Police to nab him. Police arrested Rajrishi Singh Bidawat and Mihir's father, Rajesh Shah, for their alleged involvement in the case. According to Mumbai police, the 45-year-old victim was a resident of Worli Koliwada. Her husband was riding the scooter while she was riding the pillion. The husband also sustained injuries in the incident. "The couple was returning home after buying fish when the scooter they were riding on was hit by the luxury car. Both of them sustained injuries, and the woman died during treatment," police added. Police also said that the luxury car belonged to a leader of a political party based in Maharashtra's Palghar.
—ANI

Mihir Shah, in the Worli hit-and-run case, placed in judicial custody till July 30. Court denies police further remand. Investigation ongoing. #MumbaiPolice #HitAndRun

Worli hit and run case: Accused Mihir Shah sent to Judicial custody till July 30

New Delhi: The Delhi High Court on Monday fixed August 7 for hearing on Enforcement Directorate's plea challenging trial court order granting regular bail to Delhi Chief Minister Arvind Kejriwal in connection with Excise policy money laundering case. Kejriwal's lawyers submitted that the Supreme Court has recently granted interim bail to Kejriwal, which we will place on record, and sought time to file a rejoinder in the matter. The bench of Justice Neena Bansal Krishna deferred the matter for August 7, 2024. ED, in its reply, stated that there is a complete disregard to the vicarious role of Arvind Kejriwal under Section 70 of PMLA. Bail granted to him by trial court vacation judge is liable to be canceled, the order granting bail is based on irrelevant consideration or ignores relevant material. Recently, the Delhi High Court had stayed the trial Court order granting bail to Delhi Chief Minister Arvind Kejriwal while allowing Enforcement Directorate plea seeking stay on the trial court order in the excise policy money laundering case.
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The vacation bench of Justice Sudhir Kumar Jain, while passing the order said, that documents and arguments were not appreciated properly by the trial court. "This court is of the view that the trial court has not applied its mind and has not considered the material properly," said the court. Earlier, ED submitted that the impugned order passed by trial court deserves to be stayed and set aside as a vacation judge has returned perverse findings in almost every paragraph of its order on both the facts and the law after admittedly not examining the material placed on record by the prosecution. The Supreme Court, on July 12, passed a judgement over Kejriwal's plea challenging his arrest by ED and granted him interim bail. The two-judge bench of Supreme Court also referred the matter to a larger Bench questions raised by Kejriwal on whether an arrest under Section 19 of PMLA could be quashed on the ground that such an arrest was both needless and unnecessary.
—ANI

Delhi HC to hear ED's plea against bail to CM Kejriwal in excise case on August 7, questioning trial court's decision. SC recently granted interim bail to Kejriwal.

Delhi HC to hear ED plea on August 7 challenging Kejriwal regular bail order by trial court

New Delhi: The Supreme Court on Monday rejected Karnataka Deputy Chief Minister DK Shivakumar's plea seeking to quash CBI's disproportionate assets case against him under the provisions of Prevention of Corruption Act 1988. A bench of justices, Bela M Trivedi and Satish Chandra Sharma, observed that the Shivakumar plea was without merit. Senior Advocate Mukul Rohatgi, appearing for Shivakumar, submitted that the probe into the matter has begun without obtaining the sanction under Section 17A of the PC Act. Section 17A of the PC Act provides immunity to public servants from any inquiry under the graft law without prior approval from appropriate authority. The provision was introduced by an amendment with effect from July 26, 2018. The top court gave a split verdict a few months ago on the issue arising out of Section 17A of the graft law. The top court on Monday said that proceedings cannot be quashed based on a split verdict.
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The court remarked that the petitioner's grievances will be resolved when the larger bench decides the question of Section 17A. "How can your case be quashed on the basis of a split judgment?" " the court said, refusing to interfere with the case. The court also noted that the present case is under the Prevention of Corruption Act and the Income Tax authorities cannot prosecute under the PC Act. CBI is probing a case against Shivakumar for allegedly possessing assets disproportionate to his known sources of income. In 2017, the Income Tax Department raided DK Shivakumar, leading to an investigation by the Enforcement Directorate. The CBI later sought permission from the state government to file an FIR against him based on the findings of the ED probe. On September 25, 2019, the sanction was granted, and on October 3, 2020, Shivakumar was charged by the CBI under the Prevention of Corruption Act.
—ANI

Supreme Court rejects DK Shivakumar's plea to quash CBI's assets case, citing lack of merit and awaiting larger bench decision on Section 17A of Prevention of Corruption Act.

SC rejects DK Shivakumar's plea on quashing CBI's disproportionate assets case

New Delhi: Courts should refrain from staying bail orders in a mechanical manner and without giving any reason, the Supreme Court said Friday, underlining that the relief should be denied to an accused only in rare and exceptional cases.
A bench of Justice Abhay S Oka and Justice Augustine George Masih said courts cannot curtail the liberty of an accused in a casual manner.
"The courts should stay bail order only in rare and exceptional cases like somebody is involved in terrorist cases, where order is perverse or provisions of law have been bypassed. You cannot restrict liberty like this. This will be disastrous. If we grant stay like this, this will be disaster. Where will Article 21 go," the bench observed.  The top court made the observations while reserving its judgement on a plea filed by Parvinder Singh Khurana, an accused in a money laundering case, who challenged the Delhi High Court's order of temporarily staying a bail order passed by the trial court.  Also Read: <a href="https://www.thehawk.in/posts/swati-maliwal-assault-case:-delhi-hight-court-dismisses-bibhav-kumar-bail-plea" target="_self">https://www.thehawk.in/posts/swati-maliwal-assault-case:-delhi-hight-court-dismisses-bibhav-kumar-bail-plea</a>&nbsp;
The apex court on Thursday had said courts should not stay bail order in a "casual manner".  Expressing surprise over the high court order, the bench had said the direction was shocking.
"Unless he is a terrorist, where is the reason to stay?" Justice Oka had remarked.  Khurana was granted bail by the trial court in a PMLA case on June 17 last year but the HC stayed the order. The apex court on June 7 stayed the HC order and restored Khurana's bail.
—PTI

Supreme Court: Bail orders should only be stayed in rare cases, not mechanically. Liberty of accused must be preserved, says Justices Oka and Masih.

Bail order should be stayed only in rare and exceptional cases: Supreme Court

New Delhi: The Delhi High Court on Friday dismissed a bail plea moved by Bibhav Kumar, a close aide of Delhi Chief Minister Arvind Kejriwal, in the Swati Maliwal alleged assault case. The bench of Justice Anoop Kumar Mendiratta while refusing bail said there is apprehension that Kumar could influence the witnesses On July 10, 2024, during the hearing, Swati Maliwal was present in the court and submitted that "Not only was I brutally assaulted by the PA, later the Chief Minister himself came on the street to protect him. Many press conferences were done by the Delhi Ministers making malicious allegations against me. I was shamed...". "My life and those of my family are under threat. I went for a medical in a relative's car and even that car's details were made public. Please give me justice," stated Swati Maliwal. Senior advocate Sanjay Jain who appeared for the Delhi Police strongly opposed the bail plea of Bibhav Kumar and submitted that they will file the chargesheet in the case on July 16. "Bibhav was a highly influential person. Despite being dismissed as a Government officer; he was drawing a salary equivalent to a joint secretary. This shows how highly influential Bibhav is and the kind of power he exercises. He exercises enormous powers. With that kind of powers, he has the propensity to tamper with the witnesses and evidence," Jain said. However, Senior Advocate N Hariharan appeared for Bibhav and submitted, "This is my 54th day in custody, including eight days remand period. This will amount to a pre-arrest trial. The incident is of May 13, 2024. The FIR was registered on May 16. As per the case, Swati chose to go to the Police Station on May 13, however, he didn't register any FIR." "There was no appointment given to her, she just barged in. It is highly unimaginable that a political secretary will beat Swati Mailwal, who is a sitting MP. Why was there a delay of three days in the registration of the FIR?" the lawyer asked. Also Read: <a href="https://www.thehawk.in/posts/delhi-excise-policy-case:-supreme-court-grants-interim-bail-to-arvind-kejriwal" target="_self">https://www.thehawk.in/posts/delhi-excise-policy-case:-supreme-court-grants-interim-bail-to-arvind-kejriwal</a>&nbsp;
Bibhav, through a plea, stated, "The present is a classic case of abuse of criminal machinery and subterfuge investigation, as the petitioner or accused and the complainant have both lodged complaints against each other. But it is only the case of the complainant that is being investigated. This is because the complainant is an influential person, being a Member of Parliament in the Rajya Sabha. No investigation is being done on the part of the complaint given by the petitioner regarding the breach by the complainant, as demonstrated by the breach report prepared at the date of the incident by the officials deputed at the CM Camp Office." Speaking about the case to the reporters, Bibhav Kumar's advocate, Rishikesh Kumar said, "Today there was a hearing on Bibhav Kumar's bail application. We kept our arguments that the investigation has almost completed. He has been in custody for 54 days. The complainant's statement has been recorded. All the evidences have been collected. Taking into consideration all these, we pleaded for Bibhav Kumar's bail. From their side, our bail application was opposed. They said that there are chances of tampering of evidence. After hearing both sides, the court has reserved its judgement and will give its verdict on July 12." On the chargesheet that is yet to be filed by the Delhi Police, Kumar said, "The Police has given an undertaking to the court that it will file the chargesheet by July 16." Delhi's Tis Hazari Court recently dismissed the second bail plea of Bibhav Kumar in view of the threats received by the victim, Swati Maliwal and apprehension of influencing the witnesses by the accused. While dismissing the bail application, the court observed, "In view of the fact that investigation is at initial stage and there is a fear in the mind of the victim regarding her security as well as the security of her family members. There is also apprehension that the accused Bibhav Kumar would influence the witnesses, if at liberty..." "So I do not find any merit in the bail application of the accused, Bibhav Kumar. Hence, the present regular bail application of the accused Bibhav Kumar is hereby dismissed," Special Judge Ekta Gauba Mann ordered on June 7. Swati Maliwal earlier alleged that her family and extended family members have been receiving continuous threats. She also stated that she is scared as there is a risk to her life as well as lives of her family members if the accused is granted bail. She strongly opposed the bail application. Bibhav Kumar was arrested on May 18 in connection with the alleged assault on AAP MP Maliwal. Kumar was picked up from the Chief Minister's residence by a Delhi Police team, a day after Maliwal recorded her statement before a magistrate at the Tis Hazari court.
—ANI

Delhi HC denies bail to Bibhav Kumar, aide of CM Kejriwal, in Swati Maliwal assault case, citing witness influence risk. Chargesheet by Delhi Police due July 16.

Swati Maliwal assault case: Delhi Hight Court dismisses Bibhav Kumar bail plea

New Delhi: The Supreme Court on Wednesday ruled that Section 125 Code of Criminal Procedure (CrPC) applied to all married women including Muslim married women and they can claim maintenance from their husbands under these provisions. The top court also echoed that time has come for Indian men to recognise the role and sacrifice of 'homemakers' who are strength and backbone of an Indian family and they must provide financial support to her by having having joint accounts and ATMs A bench of justices BV Nagarathna and Augustine George Masih ruled that Section 125 CrPC, which deals with wife's legal right to maintenance, is applicable to all women and divorced muslim female can claim maintenance from her husband under it. "Section 125 of the CrPC applies to all married women including Muslim married women. Section 125 of the CrPC applies to all non-Muslim divorced women," the top court said. "Insofar as divorced Muslim women are concerned, - i) Section 125 of the CrPC applies to all such Muslim women, married and divorced under the Special Marriage Act in addition to remedies available under the Special Marriage Act. If Muslim women are married and divorced under Muslim law then Section 125 of the CrPC as well as the provisions of the 1986 Act are applicable. Option lies with the Muslim divorced women to seek remedy under either of the two laws or both laws. This is because the 1986 Act is not in derogation of Section 125 of the CrPC but in addition to the said provision," the top court said. If Section 125 of the CrPC is also resorted to by a divorced Muslim woman, as per the definition under the 1986 Act, then any order passed under the provisions of 1986 Act shall be taken into consideration under Section 127(3)(b) of the CrPC, the court said. The 1986 Act could be resorted to by a divorced Muslim woman, as defined under the said act, by filing an application thereunder which could be disposed off in accordance with the said enactment, the court said.
Also Read: <a href="https://www.thehawk.in/posts/supreme-court-verdict-on-maintenance-to-divorced-muslim-women-ended-threat-to-constitution:-bjp" target="_self">https://www.thehawk.in/posts/supreme-court-verdict-on-maintenance-to-divorced-muslim-women-ended-threat-to-constitution:-bjp</a>&nbsp;

In case of an illegal divorce as per the provisions of the 2019 Act then, relief under Section 5 of the said Act could be availed for seeking subsistence allowance or, at the option of such a Muslim woman, remedy under Section 125 of the CrPC could also be availed, the court said. Adding further to it, the top court directed if during the pendency of a petition filed under Section 125 of the CrPC, a Muslim woman is 'divorced' then she can take recourse under Section 125 of the CrPC or file a petition under the 2019 Act. "The provisions of the 2019 Act provide remedy in addition to and not in derogation of Section 125 of the CrPC," the top court said. The top court's ruling came on an appeal challenging the High Court of Telangana order dated December 13, 2023 which modified the family court decision. HC decreased the quantum of interim maintenance payable by the Appellant herein from Rs 20,000 per month to 10,000 per month. Senior Advocate S Wasim A Qadri along with advocate Saeed Qadri appeared for the husband in the matter.The man has challenged the maintenance amount saying that the section 125 is not maintainable in the view of section 3,4 and 5 of muslim women ( protection of rights of divorce) Act 1986. The top court said that the High Court of Telangana, while modifying the Order of the Family Court, was correct in upholding the maintainability of the petition filed under Section 125 of CrPC and therefore, there is no infirmity in its impugned order dated December 13 2023. Senior Advocate Gaurav Agrawal, who appeared as amicus curiae, eventually went on to submit that the remedy under a secular statutory provision of Section 125 of CrPC 1973 is not foreclosed for a divorced Muslim woman by virtue of enactment of a personal law remedy under Section 3 of the 1986 Act to the limited extent of maintenance, as the latter does not in any manner, expressly or by necessary implication, bar the exercise of former remedy. "Unequivocally, the most appropriate construction of these secular provisions of CrPC 1973 in regard to the right of maintenance is that the legislature would never intend that an undue benefit is derived after the end of the marital relationship between the parties concerned. Hence, the provision of Section 127(3)(b) of CrPC 1973 would act in the nature of a proviso to the right provided under Section 125 of CrPC 1973 only in such a circumstance where sufficient means of livelihood after the divorce, and the provisions contemplating the future needs of divorced Muslim women, stands provided to the satisfaction of the court concerned," the order copy read. "We are inclined to conclude that equivalent rights of maintenance ascertained under both, the secular provision of Section 125 of CrPC 1973, and the personal law provision of Section 3 of the 1986 Act, parallelly exist in their distinct domains and jurisprudence. Thereby, leading to their harmonious construction and continued existence of the right to seek maintenance for a divorced Muslim woman under the provisions of CrPC 1973 despite the enactment of the 1986 Act," the order copy said. In a concurring judgement, Justice BV Nagarathna pointed out the vulnerability of married women in India who do not have an independent source of income or who do not have access to monetary resources in their households particularly for their personal expenses. In Indian society, it is an established practice that once a daughter is married, she resides with her husband and/or his family unless due to exigency of career or such other reason she has to reside elsewhere, Justice BV Nagarathna said "In the case of a woman who has an independent source of income, she may be financially endowed and may not be totally dependent on her husband and his family," Justice BV Nagarathna said. "But what is the position of a married woman who is often referred to as a "homemaker" and who does not have an independent source of income, whatsoever, and is totally dependent for her financial resources on her husband and on his family? It is well-known that such an Indian homemaker tries to save as much money as possible from the monthly household budget, not only to augment the financial resources of the family but possibly to also save a small portion for her personal expenses. Such a practice is followed in order to avoid making a request to the husband or his family for her personal expenses," Justice BV Nagarathna said. "Most married men in India do not realise this aspect of the predicament such Indian homemakers face as any request made for expenses may be bluntly turned down by the husband and/or his family. Some husbands are not conscious of the fact that the wife who has no independent source of finance is dependent on them not only emotionally but also financially," Justice BV Nagarathna said. "On the other hand, a wife who is referred to as a homemaker is working throughout the day for the welfare of the family without expecting anything in return except possibly love and affection, a sense of comfort and respect from her husband and his family which are towards her emotional security. This may also be lacking in certain households," the top court said "Therefore, I observe that an Indian married man must become conscious of the fact that he would have to financially empower and provide for his wife, who does not have an independent source of income, by making available financial resources particularly towards her personal needs; in other words, giving access to his financial resources. Such financial empowerment would place such a vulnerable wife in a more secure position in the family," the top court said. "Those Indian married men who are conscious of this aspect and who make available their financial resources for their spouse towards their personal expenses, apart from household expenditure, possibly by having a joint bank account or via an ATM card, must be acknowledged," the top court said. "Thus, both 'financial security' as well as 'security of residence' of Indian women have to be protected and enhanced. That would truly empower such Indian women who are referred to as 'homemakers' and who are the strength and backbone of an Indian family which is the fundamental unit of the Indian society which has to be maintained and strengthened," the top court said. "It goes without saying that a stable family which is emotionally connected and secure gives stability to society for, it is within the family that precious values of life are learned and built. It is these moral and ethical values which are inherited by a succeeding generation which would go a long way in building a strong Indian society which is the need of the hour," the apex court said. "It is needless to observe that a strong Indian family and society would ultimately lead to a stronger nation. But, for that to happen, women in the family have to be respected and empowered!," the top court said.
—ANI

Supreme Court rules Section 125 CrPC applies to all married women, including Muslims, ensuring maintenance rights and highlighting the financial support of homemakers.

SC rules Section 125 CrPC applies to Muslim married woman for claiming maintenance, echoes contribution of homemakers

New Delhi: The Delhi High Court on Tuesday dismissed a Public Interest Litigation (PIL) seeking action against Dalai Lama, the spiritual leader of the Tibetan people under the POCSO Act on kissing a child on the lips issue. The plea stated that the startling video went viral across media channels on various social media platforms in April 2023 without hiding the identity of a child and discussions and debates were organized by many news channels which had a grave impact on the well-being of the child. "This unfathomable sin transpired inside a temple. The poor little child simply asked if he could hug Dalai Lama," the plea said. The bench of Justice Manmohan and Justice Tushar Rao Gedela said the incident took place one and a half years ago and it happened in full public glare. Dalai Lama has apologised for it. The plea moved by a confederation of NGOs and Jeroninio Almeida stated that the present petition has been filed with the intent to be a wake-up call on the deafening silence of concerned authorities and other stakeholders including media on the crime committed against gullible little children by the revered godmen, spiritual sacrosanct, religious heads, priests, popes, maulvis, sadguru, spiritual leaders, gurus or monks and the likes and in the instant petition global spiritual icon, the Dalai Lama, to take appropriate action and also to frame appropriate guidelines if required to ensure the protection and safety of children during various gathering like Spiritual or religious gathering.
Also Read: <a href="https://www.thehawk.in/posts/mumbai-police-arrest-main-accused-mihir-shah-in-worli-hit-and-run-case" target="_self">https://www.thehawk.in/posts/mumbai-police-arrest-main-accused-mihir-shah-in-worli-hit-and-run-case</a>&nbsp;

"How the perpetrator hugged the child and then kissed his lips and then embraced him repeatedly before asking him to suck his tongue, is improper, inadequate, inappropriate, uncalled for and classified as an offence under the provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act)," the plea read. The plea further stated that after this incident came into the public domain, the members of the Tibetan community worldwide came forward and made an insidious remark to divert and distract the very course of contention by justifying that 'sticking one's tongue out' is being used as a form of greeting in ancient Tibetan culture. It also stated that it is pertinent to highlight that despite comprehensive legislation to protect children from sexual offences in place, adult citizens have proved to be irresponsible towards their duty of utmost care and protection towards the child. "It is a sad reflection on the attitude of indifference of society towards the violation of human dignity of the victims of sexual abuse, especially when victims are children," the plea stated. Dalai Lama on April 10, 2023, issued a public apology after a video clip featuring him and a child triggered outrage and criticism over his "inappropriate" behaviour.
—ANI

Delhi High Court dismisses PIL against Dalai Lama under POCSO Act for kissing a child. Incident went viral in 2023. Petition highlights need for child protection.

Delhi HC dismisses PIL against Dalai Lama on child kiss controversy

New Delhi: The Supreme Court said Monday that if the sanctity of the medical entrance exam NEET-UG 2024 is "lost" and if the leak of its question paper has been propagated through social media, then a re-test has to be ordered.
A bench headed by Chief Justice D Y Chandrachud also said if the question paper leak was taking place through Telegram, WhatsApp and electronic means, then "it spreads like wildfire".
"One thing is clear that leak of question paper has taken place," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.  "If the sanctity of the exam is lost, then a re-test has to be ordered. If we are unable to identify those who are guilty, then a re-test has to be ordered," the bench observed, adding that if the leak was propagated through social media, then a re-test has to be ordered.
"Let us not be in self-denial about what happened," it said, adding, "Assuming that the government does not cancel the exam, what will it do to identify the beneficiaries of the question paper leak?"  The apex court was hearing more than 30 pleas related to the controversy-ridden NEET-UG 2024, including those alleging irregularities and malpractices in the May 5 test and seeking a direction to conduct it afresh.  "There is no question that leak of question paper has taken place. We are determining the extent of the leak," the bench observed.  It said there were certain "red flags" as 67 candidates had scored 720 out of 720.  "In the previous years, the proportion was very low," the bench added.
Also Read: <a href="https://www.thehawk.in/posts/india-doubts-credibility-of-citigroup-report-on-state-of-employment" target="_self">https://www.thehawk.in/posts/india-doubts-credibility-of-citigroup-report-on-state-of-employment</a>&nbsp;
The top court said it wanted to know how many people benefited from the question paper leak and what actions were taken against them by the Centre.  "Results of how many wrongdoers have been withheld, and we want to know the geographical distribution of such beneficiaries," it asked.  The bench is also hearing a separate plea of over 50 successful Gujarat-based NEET-UG candidates seeking a direction to restrain the Centre and the National Testing Agency (NTA) from cancelling the controversy-ridden exam.  The lawyers representing a petitioner started the submissions, saying that they were seeking the cancellation of the exam on grounds such as paper leak, OMR sheet manipulation, impersonation and cheating.  The Centre and the NTA, which conducts NEET-UG, recently told the apex court through their affidavits that scrapping the exam would be "counterproductive" and "seriously jeopardise" lakhs of honest candidates in the absence of any proof of large-scale breach of confidentiality.  The NTA and the Union education ministry have been at the centre of media debates and protests by students and political parties over alleged large-scale malpractices ranging from question paper leaks to impersonation in the test held on May 5.
The National Eligibility-cum-Entrance Test-Undergraduate (NEET-UG) is conducted by the NTA for admissions to MBBS, BDS, AYUSH and other related courses in government and private institutions across the country. Allegations of irregularities, including paper leaks, have led to protests in several cities and sparring between rival political parties.  The Centre and the NTA on June 13 told the court that they cancelled the grace marks awarded to 1,563 candidates.  These candidates were given the option to either take a re-test or forgo the compensatory marks awarded for loss of time.  The NTA announced the revised rank list on July 1 after issuing the results of the re-test held on June 23.  A total of 67 students had scored a perfect 720, unprecedented in the NTA's history, with six from a Haryana centre figuring in the list, raising suspicions about irregularities in the examination. It has been alleged that grace marks contributed to the 67 students sharing the top rank.  The number of candidates sharing the top rank in the NEET-UG was reduced to 61 from 67 as the NTA announced the revised results on July 1.
—PTI

Supreme Court mandates NEET-UG 2024 re-test if question paper leak on social media is proven, emphasizing integrity and fairness in the medical entrance exam.

If sanctity of exam is lost, re-test has to be ordered: SC on NEET-UG 2024

New Delhi: The Rouse Avenue Court on Monday issued notice to the Central Bureau of Investigation (CBI) on a bail plea of Bharat Rashtra Samithi (BRS) leader K Kavitha. She has sought a default bail in the Delhi Excise policy case. Special judge Kaveri Baweja issued notice to the CBI and listed the matter on July 12 for further hearing. Advocate Nitesh Rana and Mohit P Rao appeared for K Kavitha. They submitted that while considering the charge sheet for the purpose of cognizance on July 6, it was specifically dictated by the court that the charge sheet was defective. It is submitted that the applicant seeking a default bail as the CBI has failed to file a complete charge sheet within a mandatory period of 60 days. It was also submitted that she should be granted default bail in the matter and interim bail during the pendency of the present bail application. Her earlier regular bail applications were dismissed by the trial court and High Court.
Also Read: <a href="https://www.thehawk.in/posts/bci-directs-state-bar-councils-to-take-action-against-lawyers-advertising-seeking-work-through-online-portals" target="_self">https://www.thehawk.in/posts/bci-directs-state-bar-councils-to-take-action-against-lawyers-advertising-seeking-work-through-online-portals</a>&nbsp;

Kavitha is in judicial custody in both the CBI and the money laundering case. She was first arrested by the Directorate of Enforcement (ED) on March 15. Thereafter, she was arrested by the CBI on April 11. The ED has also filed the charge sheet against her in the Delhi Excise Policy money laundering case. The CBI inquiry was recommended based on the findings of the Delhi Chief Secretary's report filed in July showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010, officials said. The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority's approval. The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies said. As per the allegations, the Excise Department had decided to refund the earnest money deposit of about Rs 30 crore to a successful tenderer against the set rules. Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021, to January 27, 2022, due to COVID-19, the probe agency said and there was an alleged loss of Rs 144.36 crore to the exchequer.
—ANI

Rouse Avenue Court issues notice to CBI on BRS leader K Kavitha's bail plea in the Delhi Excise policy case. Hearing set for July 12; Kavitha seeks default bail.

Delhi Excise policy case: Court issues notice to CBI on K Kavitha's plea for default bail

New Delhi: The Bar Council of India (BCI) has directed all State Bar Councils to take stringent disciplinary actions against advocates found advertising or seeking work through online portals, which is a direct violation of the Bar Council of India rules. The Bar Council of India has issued directives and cease and desist notices in compliance with a judgment pronounced on July 3, 2024 by the Madras High Court. The judgment underscores that the legal profession is a noble service to society and not a business driven by profit motives. In this regard, BCI directs the online platform to remove all listings, profiles, and advertisements related to legal practices by advocates immediately and no later than four weeks from the date of the notice. Cease and desist any operations enabling the advertisement or solicitation of legal practice by advocates. Submit a detailed compliance report outlining the actions taken to the BCI by August 10, 2024 Failure to comply with these directives will result in the BCI initiating legal proceedings and seeking appropriate penalties against the non-compliant organizations, stated BCI. All portals, online platforms, and advocates found in violation of Rule-36 of the Bar Council of India Rules are hereby issued a public notice to ensure strict compliance with these Rules immediately. Any advertisements contravening the aforementioned Rule must be withdrawn forthwith, stated BCI. Practices of online platforms offering lawyer services were examined and found to be in violation of the BCI Rules. The permissibility of lawyers advertising and soliciting work was scrutinized and deemed inappropriate. The involvement of online intermediaries in facilitating lawyer services was assessed and found to be in breach of professional conduct standards. The court ruled that online platforms cannot seek protection under Section 79 of the Information Technology Act for activities illegal under the Advocates Act and BCI Rules, added Bar Council of India's statement. Recently Madras High Court directed BCI to issue Circulars/Instructions/Guidelines to the State Bar Councils to initiate disciplinary proceedings for misconduct against the Advocate's advertising, soliciting works directly or indirectly, whether by circulars, advertisements, touts, personal communication, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with the case where he is engaged or concerned.
—ANI

BCI orders strict actions against advocates advertising online, following a Madras High Court ruling. Immediate removal of listings required; compliance report by Aug 10, 2024.

BCI directs State Bar Councils to take action against lawyers advertising, seeking work through online portals

New Delhi: The Supreme Court agreed on Monday to hear pleas filed by the CBI challenging the Allahabad High Court's verdict acquitting Surendra Koli in the sensational 2006 Nithari serial killings case.
A bench of Justices B R Gavai and K V Viswanathan sought a response from Koli on separate pleas filed by the Central Bureau of Investigation (CBI) against the high court's verdict dated October 16, 2023.  The apex court had in May agreed to hear a plea filed by the father of one of the victims challenging the high court's order.  The bench said the pleas filed by the CBI would come up for hearing along with this petition.
The sensational killings came to light with the discovery of the skeletal remains of eight children from a drain behind a house at Nithari in Noida, bordering the national capital, on December 29, 2006.  Further digging and searches of drains in the area around the house led to more skeletal remains. Most of these remains were those of poor children and young women who had gone missing from the area.  Within 10 days, the CBI had taken over the case and its search resulted in the recovery of more remains.
—PTI

Supreme Court to hear CBI's plea against Allahabad High Court's acquittal of Surendra Koli in the 2006 Nithari serial killings case.

Nithari serial killings: Supreme Court agrees to hear CBI pleas against Allahabad High Court verdict acquitting Surendra Koli

New Delhi: Delhi's Tis Hazari court on Saturday extended the judicial custody of Delhi Chief Minister Arvind Kejriwal's former aide Bibhav Kumar for the next 10 days in the alleged assault case of Rajya Sabha MP Swati Maliwal. He was produced through video conferencing (vc) after the expiry of judicial custody. He was remanded to judicial custody on May 31 after his interrogation in the case. Judicial Magistrate First Class Gaurav Goyal extended the judicial custody till July 16. Delhi police had sought 10 days' judicial custody of Bibhav Kumar. Advocate Karan Sharma counsel for the accused appeared through video conferencing. He opposed the judicial custody plea of Delhi police. The court has directed to produce the accused through video conferencing on the next date of hearing. Earlier, an order was passed by the court in application of the accused seeking direction to produce him through video conferencing due to safety and security reasons. He was arrested on May 18 by Delhi Police. A case was registered by Delhi police after receiving a complaint from Swati Maliwal on May 16. The incident of the alleged assault occurred on May 13. The Delhi High Court on Monday issued notice to Delhi Police on a plea moved by Kejriwal's close aide Bibhav Kumar seeking direction to declare his arrest by Delhi Police as illegal. The bench of Justice Swarna Kanta Sharma while issuing notice to Delhi Police, said his plea is maintainable for hearing. The court listed the matter for a detailed hearing before the roaster bench. Earlier, the trial court dismissed Bibhav's bail petition and stated that the investigation is at an initial stage and influencing of witnesses and tampering with evidence cannot be ruled out. Earlier in June, Rajya Sabha MP Swati Maliwal wrote a letter to INDIA bloc leaders, elaborating on the alleged assault by Delhi Chief Minister Arvind Kejriwal's former aide Bibhav Kumar, and sought time to meet them. She wrote the letter to leaders including former Congress chief Rahul Gandhi, Nationalist Congress Party (SP) supremo Sharad Pawar, Shiv Sena (UBT) chief Uddhav Thackeray, and Samajwadi Party chief Akhilesh Yadav. Maliwal, AAP Rajya Sabha MP, said she has been working on the ground for nine years and has heard over 1.7 lakh cases in Delhi Commission of Women. She further alleged that she was "beaten badly" at CM Kejriwal's and there was "character assassination" for speaking against the incident.
—ANI

Tis Hazari court extends judicial custody of Kejriwal's aide Bibhav Kumar in Swati Maliwal assault case till July 16. Delhi High Court to review plea against his arrest.

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