Tag: High Court

Jacqueline Laundering Case

Jacqueline Appears Before Delhi Court In Laundering Case

By LokMarg

Actor Jacqueline Fernandez on Monday arrived at the Patiala House Court in the national capital in connection with the Rs 200 crores money laundering case involving conman Sukesh Chandrashekhar.

On November 30, the Delhi Police arrested Mumbai-based Pinky Irani who is said to be a close aide of Chandrashekhar, and introduced him to Bollywood actor Jacqueline Fernandez.

According to the Economic Offences Wing (EOW), the accused Pinky Irani used to portray him (Sukesh) to be a business tycoon, and the accused used to be instrumental in facilitating certain Bollywood personalities to contact with main accused Sukesh Chandrasekhar.

It is also alleged that accused Pinky Irani has been instrumental in disposing off the amount of money extorted from the complainant and other sources.

Jacqueline's Costume Designer

Earlier, Delhi Police also recorded the statement of Bollywood actor Jacqueline Fernandez in the court under Section 164 after she said she wanted to give some important information in the Rs 200 crore fraud case involving conman Sukesh Chandrashekhar.

The Delhi Police Economic Offence Wing (EOW) filed a charge sheet naming 14 accused including Conman Sukesh Chandrashekhar, his Wife Leena Maria Paul, and others in 2021. The Chargesheet was filed under various sections of IPC and provisions of the Maharashtra Control of Organised Crime Act (MCOCA).

According to the EOW, Leena, Sukesh with others used Hawala routes, creating Shell companies to park the money earned from proceeds of crime.

Delhi Police’s EOW had registered an FIR against Chandrasekhar for allegedly duping the spouses of former promoters of Ranbaxy, Shivinder Singh, and Malvinder Singh, of Rs 200 crores besides ongoing investigations against him in several cases across the country.

According to the Prosecution, the EOW extended its investigation into the case related to extortion of over Rs 200 crore, by Rohini jail inmate Sukesh Chandrasekar for allegedly duping wives of former Religare promoters Malvinder and Shivinder Singh, who are currently in Tihar jail.

Investigations revealed that the accused Sukesh Chandrasekar had duped Shivinder’s wife Aditi Singh and Malvinder’s wife Japna Singh worth over several crores of rupees. The women claimed that they have paid crores of rupees to the conman to secure bail for their husbands and ensure their safety, posing as an officer from the Union Law Ministry.

Chandrasekhar and his associates allegedly took money from Aditi after posing as government officials and promising to get bail for her husband. As per reports, Chandrasekhar persuaded Aditi to transfer money by impersonating a central government official over a spoof call while he was lodged in Rohini jail and promised to manage bail for her husband.

Both Chandrasekhar and his actor wife Leena Maria Paul were arrested by the Delhi Police in September last year for their alleged role in the duping case. (ANI)

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Chandershekhar wife bail

PIL To Prohibit Fixing Of Images Of Hindu Deities On Walls

By LokMarg

The Delhi High Court on Friday reserved an order on a Public Interest Litigation (PIL) seeking direction to the authorities to prohibit the affixation of images of deities on walls to prevent people from relieving themselves on them or spitting on the ‘sacred images or littering.

A Division Bench headed by Chief Justice of Delhi Satish Chander Sharma and also comprising Justice Subramonium reserved its order on the plea after noting down the submissions of the petitioner.
The plea stated that people were using pictures of deities in various places as a measure to stop open public urination. However, these measures are harming the religious sentiments of the people at large.

The petitioner Gaurang Gupta, a practicing advocate, stated that the images are ‘sacred’ to the followers of the religion and that public urination, spitting, and throwing junk is a menace to the public at large and such acts are a violation of the rights enshrined under Article 19(1)(a) and thus, are liable to be reasonably restricted.

Urination, spitting, and throwing junk at an image of God should be considered to desecrate the sanctity of the image of God, the plea stated, adding that it is in excess of Article 19(1 )(a) and can be curtailed as per Article 19(2) under the reasonable restriction of public order, decency or morality.

“The continuance of this malicious practice of using the pictures of God to prohibit public urination, spitting, and throwing junk is greatly violating Article 25 of the Constitution of India. Religion is a very significant aspect in the social fabric of India and the use of revered pictures for such a pm1Jose is hurting the sentiments of the public at large and this will have a large-scale negative impact on the society at large,” the plea read. (ANI)

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Amitabh after twitter tick

Amitabh’s Voice, Image, Characteristics, Can’t Be Used Without Consent: Delhi HC

By LokMarg

Bollywood legend and veteran Actor Amitabh Bachchan filed a suit in Delhi High Court seeking protection of his personality rights, image, voice, or any of his characteristics without his consent, following which the court passed an interim ex-parte injunction in his favour.

Eminent lawyer Harish Salve along with Ameet Naik and Pravin Anand, instructed by Anand and Naik, appeared for Bachchan in the High Court. The matter was heard before Justice Navin Chawla.
Salve submitted that there is a complete misuse of Amitabh Bachchan’s name, image, voice, or any of his characteristics without his consent.

“The misuse of his name, image, and voice, especially by the mobile application developers, and people conducting lottery by illegally associating with KBC, book publishers, T-shirt vendors, and various other businesses, has prompted Mr. Amitabh Bachchan to approach the High Court, seeking a restraining order against the use of his personality traits,” Salve said.

The lawyer for Amitabh Bachchan also brought to the notice of the Delhi High Court that alleged infringers have illegally registered Bachchan’s name as web-domain names such as www.amitabhbachchan.com and www.amitabhbachchan.in.

Delhi High Court’s Justice Navin Chawla noted that the plaintiff/Amitabh Bachchan alleges a violation of his publicity right as a celebrity.

The court further noted that it could not seriously be disputed that the plaintiff is a very well-known personality and is aggrieved by the usage of his name, image voice, etc without his consent.

“I am of the opinion that the plaintiff has been able to make out prima facie case in his favour. The defendants appear to be using celebrity status without his authorization, permission, and consent,” the HC judge said.

Justice Navin Chawla in his interim order passed an interim ex-parte injunction in favour of the Plaintiff/ Amitabh Bachchan and against the defendants.

The plea stated that there is an infringement of the Plaintiff’s personality through various manners like digital means, instant messaging apps, physical means, etc.

The digital means include several websites and mobile apps that have been found misappropriating the plaintiff’s photographs and/or other characteristics, to create popularity amongst the public and to entice members of the public to download such mobile apps.

The instant messaging apps include several unscrupulous parties that have been found using Bachchan’s photograph along with his name, and the representation of a TV Show ‘Kaun Banega Crorepati’ (which is associated with Bachchan), to scam the public into believing that Kaun Banega Crorepati is offering lottery prizes to the members of the public.

The physical means include the cases where dishonest traders physically affix the actor’s images and posters on their places of business, on billboards, or even on products that they engage in the manufacture and sale of, with the aim to unlawfully show a nexus/affiliation/sponsorship/association with the plaintiff, so as to boost their illegal profits. (ANI)

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VC Of Kerala Univ Of Fisheries & Ocean Studies

HC Cancels Appointment Of VC Of Kerala Univ Of Fisheries & Ocean Studies

By LokMarg

The Kerala High Court has canceled the appointment of the Vice-Chancellor of Kerala University of Fisheries and Ocean Studies (KUFOS) Dr. Riji John.

With this, the period from the date of appointment shall be void.
Dr. Riji John was appointed as the Vice-Chancellor of KUFOS on January 23, 2021.

The High Court did not accept the government’s plea to stay the order.

The High Court also instructed the Chancellor to form a new search committee. The court made it clear that the appointment of the Vice-Chancellor must comply with UGC rules and regulations.

The order came from the Division Bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly on the petition filed by Dr. KK Vijayan and Dr. Sadasivan. (ANI)

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Sukesh Chandrashekhar letter

Ready To Be Hanged: Sukesh Chandrashekhar Writes Another Letter

By LokMarg

Releasing another letter, Jailed conman Sukesh Chandrasekhar, who is facing several cases of corruption under the Prevention of Corruption Act and Money Laundering Act alleged that he was ready to be hanged if any of the issues he has raised to Delhi LG turned out to be wrong.

In his press letter provided by his lawyer, Sukesh said, “(Delhi CM) Kejriwal Ji, if any of my raised issues to Delhi LG turn out to be wrong as you and your associates said, I am ready to be hanged. But if the complaint is proven true, you will resign and retire from politics for good.”
He also alleged that Aam Adami Party’s Satyendar Jain asked him to pay money to the party for the Goa and Punjab elections.

“I kept quiet and ignored everything but due to your constant threats and pressure through the Jail administration and Mr. Jain asking me to give funds during Punjab and Goa polls, brazenly even though I was undergoing investigation,” Sukesh wrote.

Rejecting the AAP’s allegations that he was lying, Sukesh Chandrasekar said if he was lying then why the jail administration was pressurizing him or being coerced to withdraw his earlier complaint?

“Kejriwal Ji why was Mr. Jain constantly asking me to withdraw the complaint filed in HC against former DG Sandeep Goel and the Jail administration? Why was I constantly threatened apart from asking me to give more funds for your election Campaigns? Why afraid of enquiry? What are you scared off if you are truthful?” he said in his letter.

Chandrashekar rejected the allegations of AAP leaders that he was trying to malign the image of the party and its leaders at the behest of the BJP ahead of the Delhi MCD elections.

“Kejriwalji doesn’t keep saying all this is being done because of elections, let me tell you something and give to a piece of advice. You know me very well. You and Mr. Jain are among the few people, who know me very well so, don’t hallucinate that won’t give evidence against all that I have said or won’t testify. I will give every single thing that I have, which you know very well, as your mask has to be removed in open. Please Kejriwalji don’t daydream about winning elections as people are seeing everything, your Drama won’t work anymore, your karma, your lies, you will be defeated badly for sure,” he further wrote.

Earlier on Monday, he wrote another letter to Delhi LG Lieutenant Governor Vinai Kumar Saxena requesting the CBI probe against Aam Aadmi Party (AAP).

In his latest letter to Delhi LG, Chandrashekhar wrote, “I request you to direct an urgent CBI investigation and allow me to file FIR as the pressure is getting too much and any undue event may take place before the truth about AAP is exposed,” he wrote.

Alleging that he is being threatened by AAP leader Satyendar Jain and ex-DG (Prisons) of Tihar jail after his complaint to the Delhi L-G went public, he said, “After my last application was released on media, from last two days there has been a severe threat that I have been receiving from the jail administration on behalf of Mr. Satyendar Jain and DG prison Sandeep Goel.” (ANI)

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Haldwani Railway Land

2012 Chhawala Case: SC Acquits All Convicts

By LokMarg

Supreme Court on Monday acquitted three convicts who were awarded the death penalty by the Delhi Court after being held guilty of raping and killing a 19-year-old woman in Delhi’s Chhawala area in 2012.

The three convicts were awarded the death penalty after being held guilty of raping and killing a 19-year-old woman in 2012. The victim’s mutilated body was found in a field with multiple injuries due to assault with objects ranging from car tools to earthen pots.
A Delhi court in February 2014 convicted three men for raping and killing a 19-year-old woman in 2012 and awarded them the death penalty.

The capital punishment was confirmed by the Delhi High Court on August 26, 2014, saying they were “predators” moving on the streets and “were looking for prey”.

Three men, Ravi Kumar, Rahul, and Vinod were convicted under various charges dealing with kidnapping, rape, and murder.

The case dates back to February 2012, when a 19-year-old girl’s body was found in Haryana. The girl was brutally killed after being raped.

A case was registered regarding this at outer Delhi’s Chhawala (Najafgarh) police station.

According to the prosecution, the offence was brutal in nature as they first kidnapped the woman, raped her, killed her, and dumped her body in a field in Rodhai village in Haryana’s Rewari district. (ANI)

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Gyanvapi: Court Rejects Plea Seeking Carbon Dating Of Shivling

By LokMarg

A Varanasi court on Friday rejected the plea seeking carbon dating and scientific investigation of the purported ‘Shivling’ claimed to be found in the Gyanvapi mosque complex.

The Hindu side had claimed that a ‘Shivling’ was found in the premises near the ‘wazukhana’ during the videography survey of the mosque premises, which was ordered by the court.
However, the Muslim side said that the structure found was a ‘fountain’. The Hindu side had then submitted an application on September 22 that sought a carbon dating of the object they claimed to be ‘Shivling’.

Carbon dating is a scientific process that ascertains the age of an archaeological object or archaeological finds.

Speaking to ANI, Vishnu Jain, representing the Hindu side said, “The Muslim side said that Shivling is not a part of the suit property and its carbon dating cannot be done. We have given our clarification on both of these points. The court will deliver its verdict on October 14.”

Earlier on September 29, the Hindu side demanded a scientific investigation of the ‘Shivling’ by the Archaeological Survey of India (ASI) and the carbon dating of ‘Argha’ and the area around it.

The court had reserved the order in the Gyanvapi Mosque-Shringar Gauri case after hearing both sides’ arguments.

Akhlaq Ahmed, representing the Muslim side had said that the plea by the Hindu side is not maintainable as it is against the order of the Supreme Court that stated protecting the structure (which the Muslim side claims to be a fountain and the Hindu side claims to be a Shivling).

“We responded to the application on carbon dating. Stone does not have the capacity to absorb carbon. The Supreme Court in its May 17 order, according to which, the object that was found by the commission, had to be protected. The order of the SC will prevail, so the object cannot be opened. According to the Hindu side, the process will be scientific, even if it is so, there will be tampering with the object. Chemicals will be used for the test. We will take action based on the order by the court on October 14,” Ahmed told ANI.

Another lawyer representing the Muslim side, Tohid Khan said, “The court will deliver its verdict on whether the application seeking carbon dating is acceptable or should be rejected. The structure is a fountain and not Shivling. The fountain can still be made operational.”

Earlier, an appeal had been filed in the Supreme Court challenging the order of the Allahabad High Court which had dismissed a PIL that sought the appointment of a committee/commission under a judge to study the nature of the structure found in the Gyanvapi Mosque, Varanasi.

The appeal filed by seven devotees sought direction from the Archeological Survey of India (ASI) to ascertain the nature of the structure found on the Gyanvapi campus.

The Allahabad High Court had on July 19 dismissed their plea seeking the appointment of a committee/commission headed by a judge of the High Court or supreme court (sitting/retired) to study the nature of the structure found in the Gyanvapi Mosque.

The PIL moved before the High Court seeks direction from a committee to ascertain whether a Shivaling, as claimed by the Hindus, had been found inside the mosque or if it is a fountain as claimed by Muslims.

The appeal in the top court stated that the Allahabad High Court had erred in dismissing the plea.

On May 20, the Supreme Court ordered the transfer of the case related to worship at Gyanvapi mosque from the civil judge to the District Judge, Varanasi. (ANI)

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Split Verdict In Hijab Case

Split Verdict In Hijab Case, Matter To Be Placed Before CJI

By LokMarg

The Supreme Court on Thursday pronounced a split verdict in the Karnataka Hijab ban case.

A bench of justices Hemant Gupta and Sudhanshu Dhulia pronounced the judgement today.
Justice Hemant Gupta dismissed the petitions against the hijab ban, while Justice Sudhanshu Dhulia allowed them.

One of the lawyers representing the petitioner said that the matter would be placed before the Chief Justice of India and he would decide whether a new bench would hear the matter or the matter gets referred to a larger bench.

Justice Hemant Gupta dismissed appeals challenging the Karnataka High Court’s order which had upheld the state government’s order to ban wearing hijabs in educational institutions of the state

Justice Gupta said, “There is a divergence of opinion. In my order, I have framed 11 questions. First is whether the appeal should be referred to the Constitution Bench.”

Justice Sudhanshu Dhulia allowed the appeals and set aside the Karnataka High Court order.

“It’s a matter of choice, nothing more nothing less,” Justice Dhulia said while pronouncing the order.

The apex court had earlier reserved its order on various petitions challenging Karnataka High Court upholding the ban on hijab in educational institutes.

The arguments in the matter went on for 10 days in which 21 lawyers from the petitioners’ side and Solicitor General Tushar Mehta, Additional Solicitor General KM Nataraj, Karnataka Advocate General Prabhuling Navadgi argued for the respondents.

The court was hearing various pleas against Karnataka HC’s judgement upholding the Karnataka Government’s decision to direct educational institutes to prescribe uniforms in educational institutes.

Addressing the court, Senior Advocate Dushyant Dave, in his rejoinder submission had said that the Karnataka Government Circular which enforced the dress code has no reference to the Popular Front of India (PFI).

Various petitioners have approached the apex court challenging the Karnataka HC order upholding the Karnataka government’s order which directs strict enforcement of schools and colleges’ uniform rules.

One of the appeals in the top court has alleged “step-motherly behaviour of government authorities which has prevented students from practising their faith and resulted in an unwanted law and order situation”.

The appeal said the High Court in its impugned order “had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India”.

A bench of Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit, and Justice JM Khazi had earlier held that the prescription of uniform is a reasonable restriction that students could not object to and dismissed various petitions challenging a ban on hijab in education institutions saying they are without merit.

The hijab row erupted in January this year when the Government PU College in Udupi allegedly barred six girls wearing the hijab from entering. Following this, the girls sat in protest outside the college over being denied entry.

After this, boys from several colleges in Udupi started attending classes wearing saffron scarves. This protest spread to other parts of the state as well leading to protests and agitations in several places in Karnataka.

As a result, the Karnataka government said that all students must adhere to the uniform and banned both hijab and saffron scarves till an expert committee decided on the issue.

On February 5, the pre-University education board released a circular stating that the students could only wear the uniform approved by the school administration and that no other religious attire would be allowed in colleges. (ANI)

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SC Anil Deshmukh's Bail

SC Refuses To Cancel Anil Deshmukh’s Bail

By LokMarg

The Supreme Court on Tuesday refused to cancel the bail granted to former Maharashtra’s former home minister and Nationalist Congress Party (NCP) leader Anil Deshmukh in the money laundering case lodged against him by Enforcement Directorate (ED).

A bench headed by Justice DY Chandrachud refused to interfere with the Bombay High Court order which granted bail to Deshmukh.
The bench clarified that the observations made by the High Court will not influence the trial and are only confined to the issue of bail.

Enforcement Directorate has approached the apex court challenging the Bombay High Court’s order granting bail to Deshmukh, who was arrested in connection with a money laundering case.

On October 4, the Bombay High Court had granted bail to Deshmukh in a money laundering case being investigated by the ED.

The High Court had ordered that the bail order would be effective from October 13, in order to enable the ED to file an appeal before the Supreme Court.

Deshmukh will continue to be lodged in judicial custody in Arthur Road prison as he is also being investigated by the Central Bureau of Investigation (CBI) in a corruption case.

Earlier, on Deshmukh’s plea, the top court had directed the High Court to hear and decide expeditiously his bail plea.

The top court had expressed displeasure that the Bombay High Court has kept the bail application of Deshmukh pending for so many months and asked it to hear the plea of Deshmukh within this week and decide it expeditiously.

It had noted that Deshmukh’s bail plea is pending in the High Court since March 21 and it observed that keeping bail applications pending for eight months is not in consonance with the jurisprudence of bail.

Deshmukh had sought bail from the High Court in the money laundering case being investigated by the Enforcement Directorate after the Special Court declined his plea.

Deshmukh was arrested by the ED in November 2021 and is currently in judicial custody.

According to the ED, Deshmukh had misused his position as state home minister and collected Rs 4.70 crore from various bars in Mumbai through some police officers. (ANI)

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