Delhi High Court denies anticipatory bail to husband in dowry harassment case.

The Delhi High Court has denied anticipatory bail to a man, accused of harassing his wife, on the ground that he bluffed the court by making wrong allegations that his spouse was not capable of establishing sexual relations.

Justice Suresh Kumar Kait said in majority of such cases, the court has granted anticipatory and regular bail to the accused persons, but considering the conduct of the husband in this matter, it was inclined not to grant him the relief.

The man had sought anticipatory bail in the case filed by his estranged wife, alleging that she was harassed by him and his parents.

During pendency of the plea, the judge interacted with the estranged couple in his chamber where the man stated that he was in love with the woman for an year before marriage and thereafter they tied the nuptial knot in November 2016.

He claimed that neither before nor after marriage, they had sexual intercourse.

The woman, however, told the court that during their affair and after marriage, they have had sexual relations and she was capable of doing so.

When the court asked the woman whether she was willing to stay with her husband, she had replied in affirmative but the man said he cannot continue the relation as she was not capable of sexual intercourse.

The court directed the medical superintendents of AIIMS and RML Hospital to examine the woman in this regard and as per the medical reports, she was capable of having sexual intercourse.

On receipt of the report, the man agreed to stay with the woman and they lived together for 24 days, the court noted.

“The petitioner (man) is personally present in court today (January 14) and has admitted that during stay of 24 days, they had sexual relations.

“If the petitioner is admitting that they had sexual intercourse during aforesaid period, then this court cannot believe that the petitioner and respondent no.2 (woman) did not have sexual relations at least after marriage. Thus, he has bluffed and misled this court by making wrong allegations against respondent no.2,” the judge said, and declined to grant him anticipatory bail.

The man had sought anticipatory bail claiming that the FIR lodged by the woman was a counter of the divorce petition to pressurise him and his family.

He said his arrest would destroy his social status and he will also lose his job and added that he was ready to join the investigation as and when called by the police.

The woman had claimed that certain disputes arose between them after one year of the marriage and alleged that her in-laws used to make sarcastic remarks about the dowry items given in the marriage.

She alleged the man had insulted and slapped her and she was mentally and physically harassed by him and his parents. An FIR was lodged in the matter in December 2018 for alleged offences under Sections 498A (husband or relative of husband of a woman subjecting her to cruelty) and 406 (criminal breach of trust).

Shaheen Bagh protests : Police has power to control traffic in such areas.

The Delhi High Court Tuesday said the police has the power to control traffic wherever protests are going on and directed it to look into a plea against restrictions on Kalindi Kunj-Shaheen Bagh stretch which has been closed for a month due to agitations against the Citizenship (Amendment) Act.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said however that no direction can be issued by the court on how to handle an agitation or the place of protest and the traffic as it depends on the ground reality and the wisdom of police.

The court asked the police to look into the issue of traffic restrictions while also keeping in mind that law and order is maintained.

The court passed the order while disposing of a PIL filed by advocate and social activist Amit Sahni seeking a direction to the Delhi Police Commissioner to lift restrictions on Kalindi Kunj-Shaheen Bagh stretch and Okhla underpass, which were closed on December 15, 2019 for ongoing protests against CAA and National Register of Citizen (NRC).

It was a temporary measure but has been extended from time to time.

The Kalindi Kunj stretch is vital as it connects Delhi, Faridabad (Haryana) and Noida (Uttar Pradesh) and commuters are forced to take the Delhi-Noida-Delhi (DND) Expressway and Ashram, which is causing hours of traffic jams and wastage of time and fuel, the plea said.

The court said: “We hereby direct the concerned respondent authorities (police) to look into the grievances ventilated by the petitioner in this writ petition… about the restrictions on usage of the road which is known as Kalindi Kunj- Shaheen Bagh Stretch, that is, Road No.13 A (between Mathura Road and Kalindi Kunj) as well as Okhla underpass, and will react in accordance with law, rules, regulations and the government policies applicable to the facts of the present case.”

It further said the authorities should keep in mind the “larger public interest” and also the maintenance of “law and order”.

The bench said it ought to be kept in mind that whenever any agitation or protest is going on, situation is like fluid, it keeps on changing looking to the temperament of the protestors and resistances by other people.

“Simultaneously, police has to maintain the law and order. Hence, the respondents have all power, jurisdiction and authority to control the traffic, wherever protests or agitations are going on, in the larger public interest.

“In such a situation, no specific writ, order or direction can be issued by this court as to how to handle the agitation or protest or the place of protest and the traffic. It all depends upon the ground reality and the wisdom of the police, where situation may keep on changing every 10 minutes,” the bench said.

The court refused however to direct the authorities to look into the issue in a time bound manner.

During the hearing, Sahni said the road closure is causing huge inconvenience to lakhs of commuters everyday and they are compelled to take different routes for last one month.

He said children, who take that route, are compelled to leave home two hours prior to school timing.

The petition claimed that the authorities have failed to take appropriate action to give relief to the residents of the locality and lakhs of commuters of Delhi, UP and Haryana.

It said the petitioner has given representation to the authorities on January 3 but no action has been taken till date.

Besides Delhi Police, the plea had made the Centre and the Delhi government as parties, seeking from them requisite assistance to the police in addressing the issue.

Due to the heavy traffic on alternative routes, it takes 15-20 minutes for people to cross just one traffic signal at Ashram, it said.

Citing several news reports, it said that on an average, Ashram Chowk is used by around 30,000 vehicles every day. With the Kalindi Kunj road closure, an additional 1 lakh vehicles are flowing through the intersection.

The high court, on January 10, had refused to entertain an application, in the form of letter, seeking directions for removal of demonstrators protesting the CAA at Shaheen Bagh here in order to clear road blockages that are causing traffic congestions at the DND route.

Delhi HC directs police to look into traffic restrictions on Kalindi Kunj-Shaheen Bagh stretch.

The Delhi High Court on Tuesday directed the city police to look into traffic restrictions on Kalindi Kunj-Shaheen Bagh stretch, which has been closed for nearly a month due to protests against the amended Citizenship Act, while keeping in mind the larger public interest.

A bench of Chief Justice D N Patel and Justice C Hari Shankar asked the police to look into the issue while also keeping in mind maintenance of law and order.

The court passed the order while disposing of a PIL filed by advocate and social activist Amit Sahni seeking a direction to the Delhi Police Commissioner to lift restrictions on Kalindi Kunj-Shaheen Bagh Stretch and Okhla underpass, which were closed on December 15, 2019 for ongoing protests against CAA and National Register of Citizen (NRC).

It was a temporary measure but has been extended from time to time.

The Kalindi Kunj stretch is vital as it connects Delhi, Faridabad (Haryana) and Noida (Uttar Pradesh) and commuters are forced to take the Delhi-Noida-Delhi (DND) Expressway and Ashram, which is causing hours of traffic jams and wastage of time and fuel, it said.

Delhi High Court declines to stay AAP govt’s minimum wage notification.


The Delhi High Court has declined to stay the AAP government’s decision taken in October last year to enhance the minimum wages to be paid to workers in the city.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said there was no need for the Delhi government to presume any stay against the notification of October 22, 2019 merely because notice was issued in the petition and applications challenging it.

“It cannot be said that till the notice is made returnable, the respondent-government shall deem as if stay is granted by this court. In other words, there is no need for the respondents to presume any stay against the impugned notification,” the bench said while dismissing an application of the Apex Chamber of Commerce and Industry of NCT Delhi.

The organisation had filed the application seeking a stay on the notification in its main petition, seeking to set aside the Delhi government’s decision to enhance the minimum wages for unskilled workers to Rs 14,842 per month, Rs 16,341 per month for semi-skilled workers and Rs 17,991 per month for skilled workers.

The court further said when notice was already issued in the main petition and an earlier application for stay, and when stay was not granted, another plea for the same relief was not maintainable.

The bench also said, “It ought to be kept in mind that when this court had already issued notice in the earlier stay application and not granted any stay, the petitioner has no option but to follow the impugned notification and cannot avoid doing so by filing repeated stay applications.

Nirbhaya case: Death row convict Vinay Kumar Sharma moves curative plea in SC

 In a last ditch effort to escape the noose, Vinay Kumar Sharma, one of the four men sentenced to death in the Nirbhaya gang rape and murder case, filed a curative petition in the Supreme Court on Thursday.

A curative petition is the last legal remedy available to a convict.

On Tuesday, a Delhi court issued death warrants against Mukesh (32), Pawan Gupta (25), Vinay Sharma (26) and Akshay Kumar Singh (31) and said they will be hanged on January 22 at 7 am in Tihar jail.

In his curative plea, Vinay said his young age has been erroneously rejected as a mitigating circumstance.

“The petitioner’s socio-economic circumstances, number of family dependants including ailing parents, good conduct in jail and probability of reformation have not been adequately considered leading to gross miscarriage of justice,” the plea said.

It said the court’s judgment has relied on factors such as “collective conscience of society” and “public opinion” in deciding the sentence to be imposed on him and others.

“The impugned judgment is bad in law as subsequent judgments of apex court have definitely changed the law on death sentence in India allowing several convicts similarly placed as him to have their death sentence commuted to life imprisonment,” the plea said.

It further said that after pronouncement of the apex court’s judgment in 2017 there have been as many as 17 cases involving rape and murder in which various three-judge benches of the top court have commuted the death sentence.

The 23-year-old paramedic student, referred to as Nirbhaya, was gang raped and brutally assaulted on the intervening night of December 16-17, 2012 in a moving bus in south Delhi by six people before being thrown out on the road.

She died on December 29, 2012 at Mount Elizabeth Hospital in Singapore.

On July 9, 2018 , the apex court had dismissed the review pleas filed by the other three convicts in the case, saying no grounds have been made out by them for review of the 2017 verdict.

One of the six accused in the case, Ram Singh, allegedly committed suicide in the Tihar Jail here.

A juvenile, who was among the accused, was convicted by a juvenile justice board and was released from a reformation home after serving a three-year term.

The top court in its 2017 verdict had upheld the capital punishment awarded to them by the Delhi High Court and the trial court.

Plea moved in HC for recovery of damages for property destroyed in anti-CAA protests

A plea was moved in Delhi High Court on Tuesday seeking directions to the authorities to recover damages for destruction of public and private property during anti-CAA protests from those responsible.

The matter was mentioned before a bench of Chief Justice D N Patel and Justice C Hari Shankar by BJP leader Ashwini Kumar Upadhyay who urged the court to either take up the issue on its own or to permit him to file an application on the same.

The court while declining any urgent hearing on the issue raised by Upadhyay, said he was free to file an application which shall be listed in the normal course.

Upadhyay, also a lawyer, told the court that thousands of crores of property, including public transportation, has been damaged in the protests and the amounts be recovered from those responsible as it was being done in the state of Uttar Pradesh.

There have been several protests in the national capital since the Citizenship Amendment Act (CAA) has come into force and police has detained and arrested several persons involved in the agitations.

HC junks PIL seeking advance declaration of intention to enter post-poll alliances

The Delhi High Court on Friday dismissed a PIL seeking directions to the Centre, AAP government and Election Commission (EC) to ensure there are no post-poll alliances by political parties to cobble a majority, as seen in Karnataka and Maharashtra, if such an intention has not been declared prior to the election.

A bench of Chief Justice D N Patel and Justice C Hari Shankar said it was not going to entertain the petition moved by a registered society which had contended that political parties ought to declare beforehand whether they intend to go for post-poll alliances if they do not get an absolute majority.

The petition by Corruption Against Society had referred to the post-poll alliances in Karnataka and Maharashtra, saying a similar outcome was possible in the Delhi legislative assembly polls scheduled early next year.

It had sought directions to the authorities, including the EC, to ensure no post-poll alliances are entered into by political parties if a declaration about such an intention is not made in advance before the election.

Bank fraud: Ratul Puri moves bail plea

A Delhi court on Friday sought response from the Enforcement Directorate (ED) on a bail application filed by businessman Ratul Puri, nephew of Madhya Pradesh Chief Minister Kamal Nath, in a money laundering case related to a bank loan fraud.

Special judge Arvind Kumar issued notice to the ED and directed it to file a reply by November 30.

The ED had last month filed a charge sheet against Puri and company Moser Baer before Special Judge Sanjay Garg and the court is scheduled to take up the matter later in the day.

The ED had arrested Puri on August 20. He is currently in judicial custody in the case.

Puri is also in judicial custody in another money laundering case related to AgustaWestland VVIP chopper scam.

In the chopper scam, the Delhi High Court had earlier dismissed Puri’s anticipatory bail plea, saying his custodial interrogation was “required for an effective investigation”.

Puri was arrested under the Prevention of Money Laundering Act (PMLA) in the bank fraud case after he appeared before the central probe agency here in the chopper scam.

The latest PMLA case, filed by the ED, emerged from a CBI FIR of August 17, where Ratul Puri, his father Deepak Puri, mother Nita (Nath’s sister) and others were booked in connection with a Rs 354 crore bank fraud case filed by the Central Bank of India.

The bank had claimed that the company and its directors forged and fabricated documents to induce the Central Bank of India to release funds.

The Puri family, other individuals like Sanjay Jain and Vineet Sharma were booked by the CBI for alleged criminal conspiracy, cheating, forgery and corruption.

Ratul Puri was booked in this case in his capacity as executive director of Moser Baer India Limited (MBIL), a firm promoted by his father Deepak Puri.

The company manufactured optical storage media like compact discs, DVDs, solid state storage devices.

Ratul Puri is facing criminal investigation by three main central probe agencies, ED, CBI and the Income Tax department.

Delhi High Court sets aside DPCC order levying EC on industrial units for violating norms.

The Delhi High Court has set aside two orders of the Delhi Pollution Control Committee levying Environmental Compensation (EC) of Rs 42.6 lakh and Rs 12.4 lakh on two industrial units respectively for operating without valid consent to establish from it.

Justice Navin Chawla asked the DPCC to consider the contents of the two petitions as a representation against levying of the EC and take a decision after reviewing the pleas.

“In view of the submissions, the impugned order, in so far as it levies EC of Rs 42.6 lakh on the petitioner, is set aside. The respondent no. 2 (DPCC) shall consider the contents of the present petition as a representation to it against levy of EC and decide the same after granting an opportunity of hearing to the petitioner and pass a speaking order thereon,” the court said.

The high court said if the DPCC order would be adverse to the petitioner, it should not be implemented for two weeks to enable him to avail his legal remedy against it.

It also passed a similar order in the other petition.

Advocates Amit Chadha and Rituparn Unniyal, representing both the petitioners, said the orders were passed by the DPCC without issuance of any show cause notice or an opportunity of hearing to them.

They sought quashing of the orders passed by the DPCC under provisions of the Air Act and the Water Act.

The petitioners also sought direction to authorities to de-seal their premises hand over its possession to them.

The plea filed by Ajay Kumar Pandey, who was running a factory of jeans dyeing and washing, challenged the August 29 order of DPCC directing the closure of the unit and levying EC of Rs 42.6 lakh on him.

He was running the business of washing readymade garments at the premises.

The other petition was filed by Guru Kripa challenging the August 29 order of DPCC directing the closure of the petitioner’s unit and levying EC of Rs 12.4 lakh on him.

Both the tenanted premises are located at DSIIDC Bawana Industrial Complex here.

In August, the DPCC team carried out inspections at the petitioners’ tenanted premises, which were shut down on that day, and the authorities passed the order in their absence in an arbitrary and unjust manner, directing closure of the units and imposition of EC.

The DPCC had directed that the amount be deposited with the authorities within 10 days of issuance of the directions.

The pleas alleged that no sample was either collected or taken by the DPCC from their factories for ascertaining any environmental damage.

It said the premises was sealed by the SDM concerned in October allegedly without following the due process of law and violating the principles of natural justice.

Delhi High Court declines to entertain plea to replace Delhi Police with another security force in courts

The Delhi High Court declined on Monday to entertain a plea by two lawyers seeking to replace the police with some other security force in the courts here in view of the clash between the two sides earlier this month.

A bench of Chief Justice D N Patel and Justice C Hari Shankar refused to hear the matter saying the situation between lawyers and the police needs to be settled and such petitions would not help in that.

It also said the central government, which was represented by its standing counsel Anil Soni, may consider providing additional training to police if it was required.

The petitioners, Reepak Kansal and Yadunandan Bansal, had claimed in their petition that since the November 2 clash between lawyers and police, advocates feared for their life as the cops had fired upon them and also destroyed their property at the Tis Hazari court complex.

Kansal and Bansal, both lawyers, had sought replacement of Delhi Police by some other trained and experienced security forces at all the courts in the city.

Apart from that they had also sought directions for lodging FIR against all the members of the police battalion and its senior officers, who were involved in the November 2 incident, for firing at lawyers and also destruction of property.

The petitioners had also sought appointment of an independent agency to investigate the matter.

Since the November 2 incident, the high court has issued orders preventing coercive action against lawyers and police personnel in connection with FIRs lodged regarding the Tis Hazari clash in which over 20 cops and eight lawyers were injured with three advocates receiving gunshot wounds.

Apart from that, several police vehicles and private two-wheelers were also damaged in the incident.