Why not Give Part of Jayalalithaa’s Properties to Public, asks High court

Why not a portion of former CM. J Jayalalithaa’s properties be allotted for welfare of the public as she was a leader who always said she was made by the people & worked for them, the Madras HC asked on Friday.

A division bench of Justice N Kirubakaran & Justice Abdul Quddhose made the oral observation while hearing a plea moved by an All India Anna Dravida Munnetra Kazhagam (AIADMK) member seeking to appoint him as official administrator to manage the properties of the former CM. In response, Jayalalithaa’s niece J Deepa & nephew J Deepak, who were present in the HC as per the directions of the bench, submitted that they have no objection in doing so as it was the wish of their aunt as well.

But as the only legal heirs of Jayalalithaa, we are entitled to all of her properties. We have plans to establish a trust in her name & provide charity to the people, they added.

Recording the submissions, the bench said why it took so long for them to approach the HC seeking permission to administer Jayalalithaa’s properties.

To this, Deepa said that since she had approached the authorities concerned for legal heir certificate, it took some time to move the HC. She added that she was denied access to Jayalalithaa’s Poes Garden residence.

Law student traced, Supreme Court meets her, will stay in Delhi for 4 days

Directing UP police to produce the missing Shahjahanpur law student who was traced to Rajasthan Friday, a Supreme Court bench, after interacting with her in the evening instructed that she be accommodated in a short-stay home in New Delhi for four days.

The woman was reported missing a week ago from Shahjahanpur, & her father had accused former BJP MP Swami Chinmayanand, head of the law college management, of harassing her & other students. Acting on his complaint, police had booked Chinmayanand on charges of abduction & intimidation — charges he denied.

On Friday evening, Justice R Banumathi & A S Bopanna directed the Delhi Police Commissioner to send a team to fetch her parents & arrange their meeting. The judges asked authorities of the short-stay home to allow her to use the landline phone to speak to her parents but barred her from meeting anyone else till the court meets her again. The bench will hear the matter next on September 2.

The judges said she was responsive to their questions, that she understood English but replied mostly in Hindi. “She stated that prior to Raksha Bandhan she left Shahjahanpur, Uttar Pradesh, along with her three college mates who are also their family friends, in order to protect herself. She has stated that she does not intend to go back to Uttar Pradesh for the present till she meets her parents in Delhi & talks to them. She has further stated that after meeting her parents & talking to them, she will take a decision on her future course of action. Miss “A” wants to stay back in Delhi for the time being till she meets her parents & talks to them,” the judges said.

The woman’s father told The Indian Express: “We have been watching news channels the entire day & we learnt about our daughter’s recovery from Rajasthan. Later in the day, some police officers came to my house & informed us that she had been recovered from the Dausa area of Rajasthan.”

Subramanian Swamy cross-examined in National Herald case

BJP MP Subramanian Swamy was on Friday cross-examined in a Delhi court in connection with the National Herald case.
Swamy, the complainant in the case, was cross-examined by the R S Cheema, the counsel of Congress leaders Sonia Gandhi & Rahul Gandhi, in the Rouse Avenue Court of Additional Chief Metropolitan Magistrate (ACMM) Samar Vishal.
The office-bearers of the Congress party were “cheats” & the workers were the victims of the cheating, the leader said in a reply to a question asked by the counsel.
He alleged that the publication of the National Herald, which had stopped in 2008, resumed from another website in 2016.
“This was well after the summons in this case was issued on 26 June 2014,” the BJP leader added.
Swamy objected to the use of Hindi by Cheema. “Please speak in English. You must remember that I am a Tamilian. English is the language of the court.”
Before the debate could escalate any further, the judge intervened & said, “Both Hindi & English are languages of the Court. Hindi is the national language.” The counsel, thereafter, refrained from using Hindi.
Swamy had filed the case in 2012 accusing the mother, son & others of conspiring to cheat & misappropriate funds.
The BJP lawmaker had stated that the Congress party granted an interest-free loan of Rs. 90.25 crore to Associated Journals Limited (AJL), owner of the National Herald newspaper.

Missing LLM student found in Rajasthan, Supreme Court asks Police to bring her to Court, will interact with her in Chambers

The missing 23-year-old LLM student has been found by the Police in Rajasthan on Friday morning. She will be produced in the Supreme Court in before the police take her home.

The law student had gone missing after accusing BJP leader Swami Chinmayanand, 72, of harassment. Her family had expressed concerns about her safety and accused the Police of trying to pressurise them to tone down the complaint in which the senior BJP leader was named.

She had accused “a big leader of the saint society” of threatening her and “destroying the lives of several girls”. However she did not name Chinmayanand in this video. Her father filed a police complaint, wherein he accused the BJP leader who has a sprawling ashram in Shahjahanpur and runs several colleges in the eastern UP town.

Supreme Court took suo motu cognisance of the case. Apex Court Bench headed by Justice R Banumathi ordered the UP Police to produce her in Court after a group of lawyers expressed concern about her safety. Advocate Shobha Gupta stated that,“We don’t know if the girl is safe”.

Bench ordered that,“We direct the learned counsel appearing for Uttar Pradesh to produce the girl along with the police team”.

Court takes cognisance of charge sheet against AAP MLA

A Delhi court on Friday took cognisance of a charge sheet filed the by Delhi Police against AAP MLA Gulab Singh and others in connection with the 2016 alleged extortion case.

Additional Chief Metropolitan Magistrate Samar Vishal took cognisance on the charge sheet and handed over its copies to the accused persons who were present in the courtroom.

The court has now posted the matter for September 9 for further proceedings.

Singh is currently an MLA from Delhi’s Matiala constituency.

Besides Singh, Delhi Police has named four others as accused – Satish, Devender Singh, Jagdish Chander and Naveen Yadav.

The charge sheet was filed against them under sections of 384 (punishment for extortion), 387 (putting person in fear of death in order to extort) 201 (causing disappearance of evidence) 120B (criminal conspiracy) of IPC and relevant section of Arms Act.

In September 2016, two property dealers – Deepak Sharma and Rinku Diwan – had alleged that Singh’s associate Satish and Devender were extorting money from them.

Singh was also arrested by Delhi Police from Gujarat in 2016 while he was on an election tour after an NBW was issue against him by a Delhi court.

High Court: Hire Law Officers on Contract in City’s 16 jails

Delhi HC has advised the state govt to appoint law officers on a contractual basis in the 16 jails of the capital for their better administration & smooth functioning. A bench of Chief Justice (CJ) DN Patel & Justice C Hari Shankar on Thursday made the remarks while hearing a public interest litigation (PIL) seeking appointment of one law officer in each of the 16 jails of the city in a time-bound manner.

Delhi govt, meanwhile, assured the bench that the Director General of Prisons has been consulted & the process of appointment of law officers will be set in motion soon for these jails — 9 at Tihar prison complex, 1 at Rohini complex & 6 at Mandoli prison complex.

After a brief hearing, the govt sought time to file a response to the public interest litigation (PIL) & the HC posted the matter for hearing on Sept 27.

The petition, filed by advocate Amit Sahni, argued that despite Delhi Prisons Act, 2000, mandating that there shall be a law officer in every prison, at present there is only 1 law officer for the 16 jails in the capital, who is stationed at the prison headquarters at Tihar.

It had also claimed that from Aug 2016 to Feb 2019, no law officer was appointed at the headquarters & the legal affairs were dealt with by an officer equivalent to the rank of a deputy superintendent.

11-Judge HC bench suspends order of Judge who alleged Judicial corruption

On Thursday, an 11-judge bench of the Patna High Court suspended an order by fellow judge Justice Rakesh Kumar who, while ruling on an anticipatory bail matter, alleged corruption & nepotism in the judiciary.

Justice Kumar’s order, the bench said, is “to shake the confidence of the public in the judiciary & to lower its esteem to levels that may amount contemptuous”.

Ruling Wednesday on an anticipatory bail petition of a retired officer accused of siphoning government funds, Justice Kumar said he would not remain “a mute spectator” & wanted his order sent via registered post to the Supreme Court, Prime Minister’s Office & the Law Ministry.

Justice Kumar, 60, was appointed as an Additional Judge of the Patna High Court on December 25, 2009 & took oath as Permanent Judge on October 24, 2011. According to the High Court website, he had practised in the Patna High Court for about 26 years on the criminal & constitutional side & “defended the cases of CBI in the capacity of standing Counsel (CBI) for about 12 years”.

Taking note of Justice Kumar’s order Thursday & constituting a suo motu bench, the 11 judges, in their order, said: “The Court Master also stated that the Hon’ble Judge had summoned the file for perusal a couple of days ago & had studied the same. It is, therefore, evident that the preparation appears to have commenced a couple of days prior to the passing of the order.”

Media Reports suggests: Supreme Court Collegium set to recommend four new Judges for Supreme Court

Names of Krishna Murari, Chief Justice Punjab & Haryana High Court, Hrishikesh Roy, Chief Justice, Kerala High Court, Ravindra Bhat, Chief Justice, Rajasthan High Court & V Ramasubramanian, Chief Justice Himachal Pradesh High Court, had been recommended by the SC Collegium for appointment as Apex Court Judges.

People familiar with the appointments process confirmed that on Wednesday, the collegium met & cleared the names of the four High Court Chief justices for elevation & that names have been sent to the law & Justice Ministry.

The names will be notified after they are cleared by the Govt.

The number of Judges in the SC will increase from 30 to 34 with the four new appointments. This will also be the first time in a decade that the court has its entire complement of Judges.

The Govt. move to increase the number of Judges in the Apex Court comes against the backdrop of rising cases which stand at nearly 60,000.

under POCSO Act Two gets 20 years jail

The Haryana Police have secured the conviction of two persons, who were accused of kidnapping & raping a minor girl in Charkhi Dadri.

After holding them guilty, 20 years imprisonment had been awarded to them by the Court of Additional District & Session Judge, Charki Dadri with a fine of Rs 17,000 each.

According to a spokesman of the Police Department, A complaint was received against accused Akshay alias Ravi & Shiv Kumar, regarding kidnapping & raping a minor girl on Feb 16, 2017
Immediately after getting the complaint, Police had registered the case after recording the victim’s statement under section 451, 365 & 376 of Indian Penal Code (IPC) & 4 of Protection of Children from Sexual Offences (POCSO) Act. After the arrest of both accused, the police completed the investigation within 15 days & filed charge sheet in the court on March 4, 2017.
The Court after going through all the evidences, convicted both the accused after holding them guilty under various sections of IPC & POCSO Act & sentenced 20 years imprisonment with fine of Rs 10000 under section 376 of IPC, seven years imprisonment with fine of Rs1000 under section 365 of IPC, two years imprisonment with fine of Rs 1000 under section 451 of IPC & 10 years imprisonment with fine of Rs 5000 under section 4 of POCSO Act.

In case of non-payment of the fine, the convicts would have to undergo one-month additional imprisonment.

Jammu & Kashmir High Court disposing off Cases daily since Aug 5, says Spokesperson

On Thursday, J-K High Court refuted a media report published on Aug 27 which stated that the Court is not functioning smoothly.
“The news report of newspaper is totally baseless as the High Court is functioning normally & the cases are being heard & disposed off regularly,” the spokesperson of Jammu & Kashmir High Court said according to an official release.
The spokesperson said that 71 main cases have been disposed off on merits in Srinagar wing of the High Court between Aug 5 & 23.
“From Aug 5, 2019 till Aug, 23 2019, 71 main cases have been disposed of on merits in Srinagar wing of the High Court, out of which 6 main cases have been decided on merits by the Division Bench, whereas 65 main cases have been disposed off on merits by the Single Benches by passing detailed judgments including the ones relating to selection of KAS & Sub – Inspectors of Police,” he said.
“In Jammu wing of the High Court, 312 cases were decided by the Division Bench & 243 cases were decided by the Single Benches during the same period,” he added.
The court spokesperson said that the working in Subordinate Courts also went on smoothly & disposed off a total of around 10,000 (ten thousand) cases were during the period.
“Besides this, the registration of document by Sub – Registrars of the State & issuance of certified copies & other administrative functioning of the High Court as well as Subordinate Courts went on smoothly during the aforesaid period. The employees of the High Court are also performing their duties with dedication,” he said.