Coronavirus : Will grant special parole and furlough to convicts to decongest prisons.

The city govt told the Delhi HC on Monday that it has decided to decongest capital’s prisons by providing convicts with the options of special parole & furlough to contain the spread of coronavirus.

A Bench of Justices Hima Kohli & Subramonium Prasad, taking note of the submission, directed the Delhi govt to take the necessary steps during the day to implement the measures.

The Delhi govt submitted that it will amend its prison rules to provide the options of special parole & furlough. It said a notification would be issued within a day to amend the prison rules to include the new provisions.

The govt’s submission came while responding to a plea moved by two lawyers seeking decongesting of the prisons in view of the coronavirus (COVID-19) pandemic.

A separate petition on the issue has also been moved before the HC seeking direction to the city govt & the Prison authorities to immediately provide face-masks & hand sanitizers to all the inmates in Tihar Jail & other prisons in Delhi.

The petition filed by advocate Vikas Padora has also sought direction to spray disinfectants or quarantine the premises of jails. Mr. Padora also sought to set up isolation wards in the jail premises where the infected inmate or inmate having symptoms can be lodged safely.

It has urged the court to give directions so that the spread of coronavirus can be contained as much as possible in the jails across India.

“As per the data available on the website Tihar Jail, there is capacity of 5,200 inmates, whereas at present there are more than 12,100 inmates lodged in Tihar Jail itself, which clearly shows that the prison Tihar Jail is excessively overcrowded & functioning beyond its capacity,” the petition said.

“The same is the situation with most of the Jails in India,” advocate Padora added, whose petition is likely to be heard this week.

HC pulls up DCPCR for not taking issue of missing children seriously

The Delhi High Court has taken to task the Delhi Commission for Protection of Child Rights (DCPCR) for not taking seriously the issue of children going missing in the national capital.

A bench of justices Hima Kohli and Manoj Kumar Ohri was informed that in the meetings of all the stakeholders, the DCPCR has stated that in the last three years, it had issued notices to police in 782 cases pertaining to children going missing in Delhi.

The court, however, said, “Keeping in mind the fact that on an annual basis, 5,000 children (approximately) have gone missing from Delhi and remain untraced, this is an abysmally low figure.”

Delhi government standing counsel (criminal) Rahul Mehra submitted that the DCPCR has been found to be most negligent in the discharge of its duties.

Senior advocate H S Phoolka and lawyer Prabhsahay Kaur, appearing for NGO Bachpan Bachao Andolan, also supported the submission, saying that the DCPCR was not monitoring the standard operating procedure (SOP) required to be followed in cases of missing children.

They said that the Supreme Court had in 2017 directed the Ministry of Women and Child Development to inform all state commissions to monitor the SOP on missing children and they were expected to take up the task in right earnestness.

The court directed the DCPCR to file an affidavit dealing with the issues raised regarding it in the meetings so far.

The bench also impleaded as parties the Ministry of Information and Broadcasting, DMRC, news broadcasting agencies and three municipal corporations of Delhi East, South and North and directed the ministry officials to be present in the next meeting of the stakeholders on March 8.

It was decided in the February 18 meeting that these organisations should also participate in the deliberations to ensure steps are taken to upload photographs of the missing children on display boards within three-four hours of their disappearance.

The court listed the matter for further hearing on April 3.

Regarding the ‘facial recognition software’, the court was informed by the DCP of crime records office that the software is working efficiently.

However, the court opined that the data analysis quoted before it was “flawed”, due to which it was still not clear as to in how many cases the software was successful in tracking the missing children. It said this aspect needs further examination.

The court had earlier termed as “unacceptable” that the software adopted by police has not helped in cracking any missing children case as over 5,000 kids who disappeared from Delhi in the last three years remain untraced.

The Anti-Human Trafficking Unit (AHTU) of the Crime Branch, represented by Mehra, had earlier told the bench that of the 19,916 children who went missing from the national capital in the last three years, 14,756 have been traced and reunited with their families.

It had also said that the remaining 5,160 children remained untraced.

The bench noted that the representatives of the NGO will meet the director of the Ministry of Women and Child Development on March 7 and said the meeting shall focus on making the website for tracing missing children — www.trackthemissingchild.gov.in — user-friendly and resolve the issues raised earlier.

The directions and observations of the court came while hearing a man’s plea seeking directions to police to trace his minor daughter, who went missing in July 2014.

The then 13-year-old girl had gone missing on July 21, 2014, and the father moved the high court in May 2017 as the chid remained untraced. During the proceedings, the court also looked into the larger issue of kids going missing from Delhi.

The court had, subsequently, transferred the probe into the missing girl’s case to the AHTU of the Delhi Police’s Crime Branch. The girl is yet to be traced.

The bench has directed the AHTU “to continue taking concrete steps to trace the missing girl”.

Delhi HC: Candidates with varicose veins unfit to join armed forces

New Delhi: The High Court has said that a candidate, who had developed varicose veins and was operated upon later, was unfit to join the armed forces since it entails working in extreme conditions and involves more physical activity.

The court noted that a study has revealed that patients with varicose veins have pain/heaviness of legs, inability to walk/stand for long hours, itching and leg cramps at night and they can also have dermatitis in the region, which may lead to development of ulcers.

A bench of Justices Hima Kohli and Pratibha Rani said the ramifications of the operated cases of varicose veins are that it leads to impairment of blood circulation and individuals who have been operated upon for the condition, have a predisposition of developing such a problem in other vessels.

“Given the above position, the petitioner may be medically fit for civilian jobs, as declared by Swastik General Surgery and Laparoscopy Hospital, Rohtak and Chief Medical Officer, General Hospital, Jhajjar, but not for military/paramilitary posts, which entails working in extreme conditions and involves much more physical activity,” the bench said.

The court said the decision by the medical board and the review medical board declaring the man to be unfit “cannot be faulted” with and does not require its intervention.

The order came on a petition by a man who had said that he had sat for a combined recruitment written examination for the post of constable in 2015 in Central Armed Police Forces (CAPF), National Investigation Agency (NIA) and Special Security Force (SSF).

He said he had qualified the written examination and was asked to appear for a physical test and medical examination for selection in Central Reserve Police Force (CRPF).

On May 23,2016, the man was declared medically unfit on three counts — varicose veins, tremors, and tachycardia.

The court dismissed the man’s petition challenging the decision to declare him medically unfit for the post of constable in CRPF.

The plea claimed that he had been operated upon for varicose veins at a hospital in Rohtak in May 2016 and was declared to be fit for recruitment to the post of Constable (GD) in CAPFs by the chief medical officer of Jhajjar’s general hospital.

After undergoing correctional surgery and on being declared fit, the man applied for a review medical examination, which was conducted on August 27, 2016 and he claimed that the review medical board declared him unfit without even examining him.

Later, the review medical board had cleared him of tremor and tachycardia but he was declared unfit due to varicose veins and was operated upon on his left leg.

The counsel for the Centre and other authorities referred to the study conducted on the subject and the side effects that new varicose veins may develop again after surgery.

HC junks plea against SC collegium recommendations

The Delhi High Court has dismissed a plea seeking rehearing of a petition to restrain the Supreme Court collegium from recommending names for appointment to the higher judiciary.

“Under the garb of a review petition, the appellant is actually seeking a rehearing of the appeal that was dismissed on merits, which is impermissible,” a bench of Justices Hima Kohli and Sangita Dhingra Sehgal said.

Delhi-based lawyer R P Luthra had moved an application to review the March 1 order of the high court’s division bench rejecting the plea against its single judge’s order.

The single judge had declined to stop the Supreme Court collegium from making any recommendation to appoint judges in higher judiciary.

However, the petitioner moved an application seeking review of the decision, claiming that the previous division bench had not allowed him to argue his appeal against the single’S judge order.

Disallowing the petitioner’s request, the bench observed that the purpose of a review application is fairly limited and it “cannot be used as a tool to re-argue an appeal, which has already been decided. The grounds taken in review application do not entitle the appellant to seek a review.”

Luthra, while filing the appeal before the previous bench, had submitted that he was not arguing for removal of the judges who were already elevated to the apex court, but had claimed that the collegium system for recommending appointments to the higher judiciary was “unconstitutional”.

The high court in May last year too had dismissed two similar pleas. One of them was filed by Luthra, which had sought to put a restraint on the government from acting on the collegium’s recommendation for elevating three high court chief justices and a senior lawyer to the apex court.

Source : PTI

Man who misbehaved with woman lawyer told to do social service

The Delhi High Wednesday quashed a police case registered against a man for allegedly misbehaving and attempting to assault a woman lawyer two years ago, and told him to do social service and pay a fine of Rs.10,000.

Justice Hima Kohli also suspended the driving licence of the man for six months and asked him to do the social service in Prayas, a children’s home, for one hour every week for a year.

The court quashed the first information report registered against the man after he tendered a written apology to the court.

In 2011, a woman lawyer registered a case against him at Tilak Marg police station for use of force with intent to outrage her modesty and for indulging in an act intended to insult her modesty.

The lawyer alleged that the man made inappropriate gestures towards her outside the high court and when she objected to it he misbehaved and tried to assault her.

The man had approached the court for quashing of the first information report, saying the parties had settled the dispute.

(Source: IANS)

Gift mobile phone to sister on Rakshabandhan, Delhi high court tells brother

rakhiThe judiciary has time and again come to the rescue of girls facing threats from family members to sacrifice education midway to get married.

This time, however, in an unprecedented move while protecting one such college girl, the Delhi high court has directed her brother to gift her a mobile phone this Rakshabandhan for use in case of any emergency in the future.

Justice Hima Kohli gave the order while hearing a case filed by a second year Delhi University student seeking protection from her parents and brother who were extending all kinds of threats apart from physically assaulting her.

During the course of the hearing, however, under the court’s intervention, the family came to terms with the contentions of the 22-year-old girl and assured that they would not compel her to enter into any matrimonial alliance unless it is acceptable to her.

The family also assured the court that they would support her desire to become self-reliant by taking up a job after completing her graduation.

The court, however, acting on apprehension raised by the girl directed the SHO of Govind Puri to provide the number of beat staff and the police station to the girl in case her family fails to comply with their assurance.

As it was informed that the girl had broken her mobile phone during an altercation with her brother, the court directed the brother to gift a new one to her this Rakshabandhan.

HIV life-term convict gets parole to move SC

The Delhi High Court has granted a month’s parole to an HIV convict to appeal in the Supreme Court against his sentence in amurder case.

Justice Hima Kohli after going through the medical reports of Sanjay Sonkar, who has been in jail for nine years, agreed to grant him parole.

The report said that Sonkar was suffering from HIV, among other ailments, and was undergoing regular treatment at two hospitals.

“The petitioner seeks parole to enable him to file a petition against the judgment dated March 3, 2012 by the high court, dismissing his appeal and upholding his conviction, it is deemed appropriate to release the petitioner (Sonkar) for a period of one month,” the court said in a recent order.

The court asked Sonkar to furnish a personal bond of Rs.25,000 and a surety of the same amount.

Justice Kohli asked him to furnish a telephone number to the jail Superintendent on which he could be contacted.

(Sourcxe: IANS)

UP gets notice on Swamy move against Chidambaram

ChidambaramThe Delhi High Court on Tuesday issued notice to the Uttar Pradesh government on a plea filed by Janata Party president Subramanian Swamy seeking a probe into the alleged role of now Finance Minister P Chidambaram in the 1987 mass killings at Hashimpura in Meerut.

Justice Hima Kohli sought response from Uttar Pradesh through the chief secretary within four weeks and posted the matter for November 19. Swamy moved the high court challenging the trial court’s March 8 order which had dismissed his plea against Chidambaram, who was the minister of state for internal security in 1986-89.

“It was admitted (in) parliament by Chidambaram that the situation was calm May 19-22, 1987. Yet the trial judge states (there) was violence (and) strife. Hence, even at this late stage, an investigation into this issue is essential,” the plea said.

 As per allegations, Chidambaram visited Hashimpura in Meerut just before the incident in which around 40 Muslims were allegedly killed by the Provincial Armed Constabulary (PAC).The incident took place after a curfew was clamped to search for illegal weapons in the area. Sixteen PAC personnel are facing trial for allegedly killing the Muslims. It was alleged that during the early hours of May 22, 1987, a few trucks of the Uttar Pradesh PAC arrived in Hashimpura.

Parliament was told April 26, 1988 that Chidambaram and Vir Bahadur Singh (then Uttar Pradesh chief minister) conducted an aerial survey of Hashimpura, Malliana and other riot-hit areas of Meerut May 18, 1987, four days before the alleged killings, Swamy told the trial court.

The trial court had in March dismissed Swamy’s plea for a further probe to ascertain Chidambaram’s role in the incident, saying only police can move such an application. The chargesheet in the case was filed before a chief judicial magistrate in Ghaziabad in 1996 against 19 PAC personnel.

The Supreme Court transferred the case to Delhi in September 2002 following a petition by families of the massacre victims and survivors. A sessions court here in July 2006 framed charges of murder, attempt to murder, tampering with evidence and conspiracy against the accused. Three of the accused PAC personnel died during trial.

(Source: IANS)

Court notice to school on poor student’s plea

The Delhi High Court has sought response from the government and a private school on the plea of a poor Class 2 student seeking direction against the institution for allegedly not allowing him to continue his studies.

Director of education, Delhi government, and Yuva Shakti Model School in north Delhi’s Rohini were told to give their replies by July 9 on the petition by Kailash Goel, 7, a student belonging to the economically weaker section (EWS) category.

Justice Hima Kohli, hearing the plea filed by the father of Kailash Goel, issued notice to the government and the school Friday.

Advocate Ashok Agarwal, appearing for the student, argued that Kailash had been studying under the EWS category since 2009 and the school had arbitrarily disallowed him from attending classes since April.

The school had asked his parents to pay full school fee, he said.

“The action on the part of the school was arbitrary, illegal, unconstitutional and violative of the Right of Children to Free and Compulsory Education Act, 2009,” Agarwal said.

The petition urged the court to direct the government to take action against the school.

“The school is situated on public land allotted to it by the DDA (Delhi Development Authority) on concessional rates with the condition that it shall admit children belonging to the weaker sections to the extent of 25 percent,” Agarwal said.

 

Can’t quit IIT, reappear in entrance test: Court

Leaving an Indian Institute of Technology (IIT) course midway or after confirming the admission will now cost students dear as the Delhi High Court has held that this would bar them from reappearing in the entrance test in the following year.

Justice Hima Kohli has upheld the decision of IIT authorities that students who leave a course after confirming their admission would not be allowed to appear in the next joint entrance examination (JEE).

The court’s order came while dismissing a plea filed by Prateek Rohilla who withdrew his admission to IIT-Madras after paying the registration fee last year. Rohilla wanted to appear in the IIT-JEE-2012 scheduled for April 8.

The court said that such attempts by candidates, who once qualified in IIT-JEE and later sought to withdraw from the seat allocated to them, resulted in immense financial strain on the institute.

“In this attempt, the institute would have to keep a seat vacant not just in the first year but right through the course that may extend up to five years as in the present case,” Justice Kohli said in an order passed last week.

“Apart from this, the course is extremely prestigious and every seat is precious and cannot be permitted to be wasted in such a manner,” the court said refusing to accept Rohilla’s petition.

Rohilla moved the court against the IIT decision after it informed him that he cannot reappear for IIT-JEE 2012 exam as last year he withdrew his admission after paying the registration fee.

In 2011, Rohilla after qualifying in the IIT-JEE under the Scheduled Castes category got admission in engineering design (automotive engineering), a five-year M-Tech dual degree course at IIT-Madras.

By making an online payment, Rohilla deposited Rs.20,000 towards non-refundable registration fees and confirmed the admission but did not turn up at IIT-Madras to attend classes.

Later, Rohilla applied again for the 2012 IIT entrance test under the general category. On this, IIT-Delhi, organising the test, informed him March 17 that his application for IIT-JEE-2012 stood cancelled as he was ineligible.

The letter written by IIT-Delhi to Rohilla said: “You have attempted JEE-2011 successfully and had got an admission offer, which was accepted by you by depositing the admission fee and, therefore, you are ineligible to write IIT-JEE-2012.”

As per clause 3.5 of the information brochure of IIT-JEE-2012, which lays down the eligibility criterion for appearing in IIT-JEE-2012: “Candidates who have taken admission (irrespective of whether or not they continued in any of the programmes) or accepted the admission by paying the registration fee at any of the IITs, IT-BHU (Institute of Technology-Banaras Hindu University) Varanasi or ISM (Indian School of Mines) Dhanbad are not eligible to appear in IIT-JEE-2012.