Tag: plea

SC seeks response from AP govt on convict’s plea to verify juvenility claim

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New Delhi: The Supreme Court Friday sought a response from the Andhra Pradesh government on a plea filed by a convict undergoing life sentence in a 2011 murder case, seeking a direction to the state to verify his claim of juvenility.
The petitioner, confined in central prison Hyderabad and whose conviction and sentence were upheld by the high court concerned in November last year, has claimed that going by the school certificate, his date of birth is recorded as August 10, 1994, and he was almost 17-year-old at the time of the offence in December 2011.
The matter came up for hearing before a bench comprising Justice S K Kaul and Justice Aravind Kumar.
Advocate Rishi Malhotra, appearing for the petitioner, said the petitioner has already undergone more than 11 years in custody and as per the certificate of school which he had first attended, he was a juvenile at the time of the offence.
“Have you raised this issue before the high court? You have filed an Article 32 petition here. You are saying that plea of juvenility can be raised at any stage,” the bench observed.
Malhotra said the petitioner has undergone custody of over 11 years though the maximum sentence prescribed under the Juvenile Justice (Care and Protection of Children) Act, 2000, is only three years.
“Issue notice,” the bench said.
In his plea, the petitioner said it has been filed solely on the ground of juvenility and he does not intend to challenge his conviction under section 302 (murder) of the Indian Penal Code.

The plea said it is only confined to a limited prayer that if upon due enquiry, it is found that the petitioner was indeed a juvenile at the time of the incident, then the sentence awarding life imprisonment needs to be set aside and he deserves to be released forthwith.
“In the instant case, the date of the incident is December 12, 2011, and as per the school certificate (first attended), the date of birth of the petitioner was recorded as August 10, 1994. Meaning thereby, the petitioner was almost 17 years as on the date of incident and thus, was a juvenile,” the plea said.
It referred to section 7A of the Juvenile Justice (Care and Protection of Children) Act, which deals with procedures to be followed when the claim of juvenility is raised before the court, and section 20 which pertains to special provisions in respect of pending cases.
“Moreover, section 12 mandates that any person who is apparently a juvenile has to be released on bail as the word used is ‘shall’ and not ‘may’. Furthermore, section 16 of the Act categorically stipulates in no eventuality a juvenile can be sentenced either for a death sentence or for life imprisonment,” the plea said.
The plea said the interest of justice demand that the petitioner be immediately released on bail and the apex court may direct an enquiry about the veracity of the documents placed on record by him about the claim of juvenility and further call for a report within a specified period so that his miseries come to an end.
It said the petitioner was born in August 1994 which fact is established by virtue of study and conduct certificate of July 22, 2000, issued by the headmaster of the school. The plea said the petitioner only attended class I and thereafter, due to poverty, left the school and did not study further.
The petitioner said the trial court had convicted him in December 2013 and he was sentenced to undergo life imprisonment in a case of murder of a 70-year-old man and that order was later upheld by the high court.
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#seeks #response #govt #convicts #plea #verify #juvenility #claim
( With inputs from www.siasat.com )

March 17, 2023
Delhi HC lists plea of AAP’s Jasmine Shah for March 29

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New Delhi: The Delhi High Court on Wednesday posted Aam Aadmi Party (AAP) politician Jasmine Shah’s plea challenging Lt Governor Vinai Kumar Saxena’s decision to restrict him from “discharging his duties” as the Vice Chairman of the Dialogue and Development Commission of Delhi (DDCD), for the next hearing on March 29.
The LG had also restricted Shah from using any privilege and facilities associated with the office.
Additional Solicitor General Sanjay Jain sought an adjournment in the matter as he had to argue in a death reference matter before the apex court. He stated that it was part heard and the whole day will go in submissions as it is related to Lajpat Nagar bomb blast case.
Senior advocate Rajiv Nayar, appearing for Shah contended that he has argued at length in the matter, and there is no interim order.
The court then adjourned the matter.
On February 9, Nayar had argued that the entire power lies within the Legislative Assembly and power of appointment and removal is only with the Chief Minister.
Referring to the Transaction of Business (Amendment) Rules, he had said: “The course of action of the rules should be followed by the LG with reference to Chief Minister or its counsel.”
The High Court, on December 13, held that in the absence of consensus between Chief Minister Arvind Kejriwal and LG Saxena on removal of Shah as Chairman of DDCD, the matter has been referred to the President.

The court was also informed that in the exercise of powers under Article 239AA, the LG has ordered that Shah will not be allowed into the DDCD office till the President takes a call on the issue.
The LG had said that until the President returns a decision on the matter, it would be prudent for the parties to take no further action.
On November 28, the HC sought a response from the LG after Shah moved the HC challenging L-G’s actions.
Saxena on November 18, had asked CM Kejriwal to restrict Shah from “discharging his duties” as the Vice Chairman of the DDCD and from using any privilege and facilities associated with the office.
A single-judge bench of Justice Prathiba M. Singh had said that it will examine the LG’s response, before deciding whether he could have passed an order like that.
The judge had said she cannot deal with the issues without having affidavits on record and asked the respondents to file affidavits before the next date of the hearing. It had also sought responses from the Director (Planning) Govt of NCT of Delhi and the local sub-divisional magistrate (SDM).
Shah’s office was sealed late on November 17, by the SDM, Civil Lines. ASG Jain, appearing for the LG, had told the court that there are “larger issues” involved in the case.
However, the Delhi government counsel had told the Court that Saxena’s request to remove Shah had not been accepted. The Planning Department has also been ordered to cancel its order closing Shah’s office and withdrawing facilities granted to him.
The LG’s actions followed after Bharatiya Janata Party MP Parvesh Singh Verma filed a complaint alleging Shah was acting as the official spokesperson of AAP for political gains, in violation of established procedures.
The LG had also asked the CM to sack Shah for allegedly “misusing his office for political purposes”. Shah had said the LG’s action is “without jurisdiction, completely illegal, and unconstitutional”. The AAP politician then moved the High Court to challenge the L-G’s actions.
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#Delhi #lists #plea #AAPs #Jasmine #Shah #March
( With inputs from www.siasat.com )

March 15, 2023
Telangana govt vs Governor: SC to hear govt’s plea over delay in assent to bills

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New Delhi: The Supreme Court on Tuesday agreed to examine a plea filed by the Telangana government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative Assembly, which are awaiting her assent.
Senior advocate Dushyant Dave mentioned the matter before a bench headed by Chief Justice of India D.Y. Chandrachud for urgent listing, saying that “several bills are stuck”. After hearing brief submissions, the bench agreed to list the matter on March 20.
Earlier this month, the Telangana government had approached the Supreme Court seeking direction to the Governor to give her approval to the bills passed by the state legislature. In a writ petition, the state government has brought to the notice of the Supreme Court that 10 bills are pending with Raj Bhavan. While seven bills are pending since September 2022, three bills were sent to the Governor last month for her approval. The Secretary to the Governor and the Union Law Ministry has been made respondents in the case.
The plea contended that Article 200 of the Constitution empowers the Governor to either assent to a Bill passed by the state legislature or to withhold assent therefrom or to reserve the Bill for consideration of the President and this power is however to be exercised “as soon as possible”.
This is the second time that the Bharat Rashtra Samithi (BRS) government has knocked on the court’s door against the Governor.
Last month, the government moved the Telangana High Court seeking direction to the Governor to give her approval to the state Budget for 2023-24. The court, however, had suggested both sides sort out the issue amicably.
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#Telangana #govt #Governor #hear #govts #plea #delay #assent #bills
( With inputs from www.siasat.com )

March 14, 2023
Bhopal gas tragedy: SC to deliver judgment on Centre’s plea on Tuesday

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New Delhi: The Supreme Court will on Tuesday deliver its verdict on a curative petition filed by the Centre demanding an additional compensation of Rs 7,400 crore from the successor firms of Union Carbide Corporation (UCC) for the victims of 1984 Bhopal gas tragedy.
The successor firms of the UCC had told the Supreme Court that the Indian government never suggested at the time of settlement (of 1989) that it was inadequate. The firms’ counsel emphasized that depreciation of the rupee since 1989 cannot become a ground to seek a top-up of compensation now for the Bhopal gas tragedy victims.
After hearing detailed arguments, a five-judge bench headed by justice Sanjay Kishan Kaul on January 12 reserved its verdict on Centre’s curative petition seeking an additional Rs 7,844 crore from the successor firms of UCC for extending greater compensation to the victims.
Senior advocate Harish Salve, representing successor firms of the UCC, submitted before the bench – also comprising Justices Sanjiv Khanna, Abhay S. Oka, Vikram Nath, and J.K. Maheshwari – that there are affidavits starting from 1995 and ending as late as 2011, where the Indian government has opposed every single attempt to suggest that the settlement is inadequate.
During the hearing, Salve also cited several conspiracy theories connected with the case. He said in one of the theories it was claimed the then Prime Minister Rajiv Gandhi had met UCC Chairperson Warren Anderson in a hotel in Paris before the settlement, and added that Anderson had by then retired from his post.
The top court had grilled Attorney General R. Venkataramani, representing the Centre, on how the government could file a curative petition without filing the review. It told the AG that the Central government was not prohibited from granting relief to the Bhopal gas tragedy victims, and it cannot absolve from itself from the welfare state principle saying, “I will take it from them (successor firms of Union Carbide Corporation), as and when taken from them, I will pay”.
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#Bhopal #gas #tragedy #deliver #judgment #Centres #plea #Tuesday

( With inputs from www.siasat.com )

March 14, 2023
Delhi court reserves order on ED plea seeking Sisodia’s custody

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New Delhi: Delhi’s Rouse Avenue Court on Friday reserved an order on the Enforcement Directorate plea seeking 10-day custodial interrogation of former Deputy Chief Minister and Aam Aadmi Party leader Manish Sisodia in the excise policy scam case.
This comes after Sisodia was presented before the court at 2 pm today after he was arrested by ED yesterday after hours of questioning in Tihar Jail where the AAP leader is lodged.
During the hearing, senior Advocate Dayan Krishnan, appearing for Manish Sisodia, opposed ED plea seeking Sisodia’s 10-day custody.
The agency said that it is seeking 10-day custody to interrogate Manish Sisodia to identify the modus operandi and to confront other persons who have been summoned.
The ED told the court that Manish Sisodia had purchased SIM cards and mobile phones in other people’s names.
There was a conspiracy behind framing the excise policy. The conspiracy was coordinated by Vijay Nair, along with others and the Excise policy was brought out for extraordinary profit margin for wholesalers, ED argued in the court.
ED told the court that the margin of 12 per cent of wholesale profit margin to private entities was never discussed in the GoM meeting.
The probe agency apprised the court about the meeting between Vijay Nair and K Kavitha (BRS MLC).

ED stated that accused Butchibabu Gorantla disclosed a political understanding between then Dy CM Manish Sisodia and K Kavitha who also met Vijay Nair. Butchibabu is the former auditor of K Kavitha and is presently on bail.
Countering Sisodia’s lawyer’s arguements, the ED lawyer told the court that if the policy is a matter of executive then there would not be a coal scam or a 2G scam.
Earlier, Sisodia was arrested on Thursday by ED in money laundering in connection with the excise policy case.
He was arrested during his Judicial custody in Tihar Jail, where he was lodged in.
The Enforcement Directorate (ED) on March 9 arrested former Delhi deputy chief minister Manish Sisodia in the liquor policy case, after hours of questioning at Tihar Jail.
Sisodia was arrested by the CBI in the liquor policy case on February 26 and was sent to 14-day judicial custody on March 6.
The ED also made another arrest in the case earlier, as it took Hyderabad-based businessman Arun Ramchandra Pillai into its custody.
The ED, on Thursday, summoned Bharatiya Rashtriya Samiti (BRS) MLC and Telangana Chief Minister K Chandrashekhar Rao’s daughter K Kavitha for questioning in the liquor policy case.
Sisodia was arrested by the CBI earlier in its ongoing investigation of a case related to alleged irregularities in the framing and implementation of the excise policy of the National Capital Territory of Delhi (GNCTD). Delhi’s Rouse Avenue Court sent him to Judicial Custody till March 20.
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#Delhi #court #reserves #order #plea #seeking #Sisodias #custody
( With inputs from www.siasat.com )

March 10, 2023
Excise policy scam: Delhi court to hear Sisodia’s bail plea today

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Delhi: A Delhi court is to hear on Friday the bail application of Aam Aadmi Party (AAP) leader and former deputy Chief Minister Manish Sisodia in connection with the now-scrapped excise policy case.
He was arrested by the Central Bureau of Investigation (CBI) on February 26 after quizzing him for several hours.
Special CBI Judge M.K. Nagpal of the Rouse Avenue Courts sent Sisodia to 14 days of judicial custody on March 6.
The CBI was given his remand for seven days before the judge sent him to judicial custody till March 20.
The judge had directed the CBI to file its response to the accused’s bail application by Friday.
It has been claimed by the accused that he had fully cooperated with the central agency during the probe.
He has stated that as all the recoveries have already been made, no fruitful purpose would be served by keeping him in custody and that the other accused persons arrested in this case have already been granted bail.
He has pointed out that he has held an important constitutional post and has deep roots in the society.

However, during the last hearing, the counsel appearing for the central agency said that at this stage, they are not seeking further CBI remand but in the next 15 days they might seek it.
In a twist, the Enforcement Directorate (ED) also arrested Sisodia on Thursday in the same case.
The ED, on the eve of his bail hearing, questioned him in connection with the alleged kickbacks of Rs 100 crore which the AAP party/leaders received through hawala channel from the south group.
He was also asked about Arun Pillai and K. Kavitha, daughter of Telangana Chief Minister K. Chandrasekhar Rao.
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#Excise #policy #scam #Delhi #court #hear #Sisodias #bail #plea #today
( With inputs from www.siasat.com )

March 10, 2023
NGT asks report on plea alleging illegal groundwater extraction

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New Delhi: The National Green Tribunal (NGT) has sought a factual report from a panel on alleged illegal extraction of groundwater by Mitsui Kingzoku Components India Private Ltd. in the industrial town of Bawal in Rewari district of Haryana.
The Central Ground Water Authority (CGWA) had already designated the area as “over exploited,” according to a petition before the NGT that claimed the project proponent (PP) was in violation of the terms of the ‘No Objection Certificate’ (NOC), which specified the amount of groundwater to be removed.
According to the applicant, NOC was granted to the PP by the ground water authority for groundwater abstraction up to 30m3/day and not exceeding 18,000 m3/year.
According to the petition, the tribunal’s earlier judgement from November 2022 directing the CGWA to take corrective action against non-compliance by the PP, including recovering compensation equal to 0.5 per cent of the project cost, was not followed, a bench of Chairperson Justice A. K. Goel observed.
The applicant has also referred the RTI reply dated October 6, 2020, such that the unit is not complying with the condition on which ground water extraction has been permitted.
The tribunal then directed that the report be submitted within two months.
“We find it necessary to require a factual report in the matter from a joint Committee of CGWA, central pollution control board (CPCB), State pollution control board (PCB) and District Magistrate, Rewari,” the bench, which also included Justice Sudhir Agarwal and Justice Arun Kumar Tyagi as well as A. Senthil Vel, an expert member, said.
The court scheduled the matter for the next hearing on July 10.

The state PCB will be the nodal agency for coordination and compliance, the bench noted.
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#NGT #asks #report #plea #alleging #illegal #groundwater #extraction
( With inputs from www.siasat.com )

March 9, 2023
JEE Advanced: Court seeks Centre’s response on plea seeking relaxation for students

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New Delhi: The Delhi High Court on Tuesday issued a notice to the Centre and other respondents and sought a response to a plea seeking relaxation for the students appearing for the JEE Advanced 2023.
The applicants have urged that it be made possible for them to retake the engineering entrance exam. The court listed the matter for next hearing on March 23.
Technical issues plagued both JEE Main 2022 sessions, which were held in June and July last year. These errors prevented the candidates from giving the exam a fair shot, which led to significant decreases in many candidates’ scores and percentiles.
Last year, there were a number of technological issues with the JEE exams, including frequent computer crashes, a frozen screen for many minutes, questions that took too long to load, unfinished questions, and more.
Some students claimed that they were unable to take the exam because their centres were abruptly relocated without intimation.
Some candidates encountered mistakes in their results as well as differences in their response sheet.
Students encountered similar technical issues during JEE Advanced 2022. For many of the students who experienced technical difficulties, it was their final try. It was the final JEE Main test for students who finished from Class 12 in 2020, and the final JEE Advanced attempt for students who graduated from Class 12 in 2021.
Justice Purushaindra Kumar Kaurav issued a notice and sought a response within two weeks.

It is argued that the deadly delta Covid wave of 2021 caused the Class 12 students of that year to experience extreme mental stress, anxiety, sadness, and other compensable damages, ranging from financial hardship to family member loss.
This was after the Covid outbreak in 2020 had already negatively impacted their education for more than a year.
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#JEE #Advanced #Court #seeks #Centres #response #plea #seeking #relaxation #students
( With inputs from www.siasat.com )

March 8, 2023
Imran’s plea seeking suspension of arrest warrant rejected

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Islamabad: A district and sessions court in Islamabad on Monday rejected Pakistan Tehreek-e-Insaf (PTI) chief Imran Khans’ plea seeking suspension of the non-bailable arrest warrant issued against him in the Toshakhna case, media reports said.
Additional session judge Zafar Iqbal announced the verdict he had reserved earlier in the day after a brief hearing of the case, Geo News reported.
During Monday’s hearing, Khan’s lawyers Ali Bukhari, Qaiser Imam and Gohar Ali Khan appeared before the court.
Bukhari contended that his client has always followed court orders. While Imam argued that if Khan is willing to appear, the police cannot arrest him.
At this, the judge remarked that the PTI chief could have approached the Islamabad High Court for the suspension of the warrant, Geo News reported.
However, Imam told the judge that they want the sessions court to suspend the warrant. While Bukhari added that the PTI chief was at his Zaman Park residence in Lahore.
“Imran Khan wants to know a way he can appear in court,” said Bukhari.
Imam added that a private complaint was registered against the PTI chief under the Election Act 2017. He argued that usually arrest warrant are not issued on a private complaint and urged the court to suspend the warrant.

The judge remarked that the PTI chief’s lawyer had informed them that their client will not appear in court, Geo News reported.
The judge then reserved the verdict on the petition.
On February 28, Additional Sessions Judge Zafar Iqbal issued the former prime minister’s non-bailable arrest warrant for continuously failing to appear before the court in the Toshakhana case.
As per court orders Islamabad Police team on Sunday, led by a superintendent of police, had visited Zaman Park to implement the arrest warrant. But failed to do so.
The PTI chief has also approached the Lahore High Court today for post-arrest bail in the case, Geo News reported.
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#Imrans #plea #seeking #suspension #arrest #warrant #rejected
( With inputs from www.siasat.com )

March 6, 2023
Delhi court reserves order on CBI plea seeking 3 more days of Sisodia’s custody

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New Delhi: A Delhi court on Saturday reserved its order on a plea by the CBI seeking further three-day custody of former Delhi deputy chief minister Manish Sisodia, arrested in a corruption case related to the excise policy.
CBI’s plea was opposed by Sisodia’s lawyer who said the inefficiency of the agency to complete its probe cannot be a ground for remand and he cannot be asked to incriminate himself.
Sisodia, who was produced before special judge M K Nagpal, said non-cooperation cannot be a ground for custody and opposed the CBI’s plea for his remand.
There was heavy security presence in and outside the Rouse Avenue Courts premises.
The supporters of the Aam Aadmi Party staged a protest outside the premises and raised slogans.
Sisodia was granted five-day CBI custody on Monday. The CBI on Sunday evening had arrested Sisodia in connection with alleged corruption in the formulation and implementation of the now-scrapped liquor policy for 2021-22.
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#Delhi #court #reserves #order #CBI #plea #seeking #days #Sisodias #custody
( With inputs from www.siasat.com )

March 4, 2023