Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge become redundant.
Right To Information Act will become a dead letter if…: Supreme Court to Centre
The Supreme Court on Monday directed the Centre and state governments to fill vacancies in Information Commissions across the country, saying that if the posts were not filled then the whole purpose of the Right To Information Act would be defeated and the Act would become a “dead letter”.
“The failure of the state governments to fill the posts of Information Commissioners defeats the purpose of the RTI Act and affects the right of information, which becomes a dead letter if vacancies are not filled up, ” a three-judge bench headed by Chief Justice of India DY Chandrachud said.
The bench was hearing a petition concerning the large number of vacancies in the information commissions set up under the RTI Act.
The court directed the Department of Personnel and Training (DoPT) to prepare a chart of the number of vacancies and number of appeals and complaints in all the commissions.
Advocate Prashant Bhushan, appearing for the petitioner RTI activist Anjali Bhardwaj, told the bench that several State Information Commissions (SICs) and Central information commission had not been filled, which led to pending cases.
As per the data submitted by Bhushan, CIC is currently functioning without a chief and has seven vacancies with only four commissioners working and these four commissioners will retire by November 6.
On the issue raised by one of the counsel highlighting that the State of Jharkhand was in a bad state, the bench said, “All states shall take steps forthwith to issue notifications to commence steps to fill vacancies.”
The bench, while directing the Department of Personnel and Training to do the needful, said, “Department of Personnel and Training is directed to prepare a chart of vacancies and pending appeals. We direct all states to fill up vacancies. We will take up the case after three weeks.”
(Courtesy:- India Today, Oct 31, 2023)
Cooperate With Police: Supreme Court Tells Teesta Setalvad, Her Husband
The Supreme Court on Wednesday directed activist Teesta Setalvad and her husband Javed Anand to cooperate with the Gujarat Police in connection with a case filed against them over alleged misappropriation of funds.
A three-judge bench headed by Justice SK Kaul passed the order after Additional Solicitor General SV Raju submitted that the two were not cooperating in the probe.
“Charge sheet has not yet been filed. ASG submits that there is an element of lack of cooperation. Be that as it may, the respondents will cooperate with the investigation as and when required,” the bench also comprising Justices Sudhanshu Dhulia and PK Mishra said while disposing of a plea by the Gujarat government challenging grant of anticipatory bail in the matter.
The top court also disposed of a plea by MsSetalvad seeking the expunction of remarks made by the Gujarat High Court in its February 8, 2019 judgement while granting her anticipatory bail.
“It is trite to say that any observation made at the stage of bail can hardly have any influence on the trial of the matter. We are not required to say anything more,” the bench said while making her anticipatory bail absolute.
The case of alleged misappropriation of funds was registered by the Ahmedabad Crime Branch on a complaint accusing MsSetalvad and Anand of “fraudulently” securing grants of ₹ 1.4 crore from the union government through their NGO Sabrang Trust between 2008 and 2013.
(Courtesy:- NDTV, 1 November 2023)
Punjab and Haryana high court orders release of M3M director
While quashing the arrest orders, the bench of Justice Arun Palli and Justice Vikram Aggarwal made it clear that the arrest could not be sustained following the non-conveying of the grounds of arrest in writing by the ED
The HC order comes in the wake of the apex court’s recent judgment that the ED, at the time of arrest, would have to furnish to the accused in writing the grounds of arrest, and failure to do so would render the arrest illegal. (Getty Images/Purestock)
The Punjab and Haryana high court on Friday ordered the release of real estate firm M3M director Roop Bansal, who was arrested by the Enforcement Directorate (ED) on June 8 in a 2021 money laundering case.
While quashing the arrest orders, the bench of Justice Arun Palli and Justice Vikram Aggarwal made it clear that the arrest could not be sustained following the non-conveying of the grounds of arrest in writing by the ED.
The HC order comes in the wake of the apex court’s recent judgment that the ED, at the time of arrest, would have to furnish to the accused in writing the grounds of arrest, and failure to do so would render the arrest illegal. ED in the case in hand had not supplied the ground of arrest to him in writing.
In the case at hand, LalitGoyal, the managing director of the real estate development company IREO, was first arrested in 2021 following multiple FIRs from allottees of residential projects developed by the IREO group of cheating, etc. After ED stepped in 2021, it allegedly found that in addition to identified ‘proceeds of crime’ of ₹1,376 crores, IREO group had further diverted its funds of more than ₹400 crores through M3M Group of companies with its managing director, Basant Bansal, and directors, his brother, Roop Bansal and his son, Pankaj Bansal.
The ED registered a second enforcement case information report (ECIR) on June 13, with the three Bansal family members as accused. This case is linked to a corruption case FIR registered by the Haryana anti-corruption bureau in April 2023 also involved SudhirParmar, former special judge, CBI and ED, Panchkula and his nephew Ajay Parmar.
(Courtesy:- Hindustan Times, 1 November 2023)
AAP’s Sanjay Singh moves Supreme Court after High Court rejects plea against arrest
Aam Aadmi Party leader Sanjay Singh moved the Supreme Court on Friday against the Delhi High Court verdict rejecting his petition challenging his arrest by probe agency Enforcement Directorate and the subsequent remand that followed.
Delhi High Court had dismissed his plea, stating that it has the responsibility to balance the rights of the accused and the interests of State. The High Court has said that the court examines all cases under the prism of law, and does not get swayed by political affiliations or biases.
The High Court had observed that it does not consider the case as one of no evidence at all. Further, the case is at a nascent stage and court finds no grounds to interfere
The court added that while it is not oblivious to protecting dignity of individuals, judicial commitment cannot extent to quashing investigation.
According to the court, there’s nothing to suggest that the agency by lawless means extracted statement of the approver. The court had said that it cannot be appreciated at this stage that there was breach of any mandate of law.
Acknowledging allegations made on behalf of Singh that the case is politically motivated, High Court has said that the court examines all cases under the prism of law, and does not get swayed by political affiliations or biases.
Earlier, the Enforcement Directorate had told Delhi High Court that the investigation into the alleged Delhi excise policy scam has revealed that Aam Aadmi Party leader Sanjay Singh is a key conspirator in the scam, had been part of a conspiracy to collect kickbacks and also received proceeds of crime.
Appearing for the Enforcement Directorate, Additional Solicitor General (ASG) SV Raju had opposed the plea filed by Singh challenging his arrest by the probe agency and remand to ED’s custody.
The ASG said that the ED has categoric evidence against him, and accused turned approver Dinesh Arora has also made revelations in his statement. Further, there is a specific case of his role in generation, transfer, circulation of proceeds of crime.
ED’s lawyer also alleged that Sanjay Singh had access to ED office, and photographs of statements in the case, clicked from inside ED office were found in Singh’s possession during searches.
Singh’s counsel, however, countered ED’s allegation by saying that the statement being referred to was already in public domain and was part of the original complaint which was filed by ED in November 2022
When the court sought a clarification from ED in this regard, the ASG told court that the photograph found was of a print of document from ED office.
“It shows it’s from ED office, there are other files. The issue is that you have accessed ED office and taken photos. It was on a table in the ED office,” ASG said.
Arguments on behalf of Sanjay Singh:
Senior advocate Vikram Chaudhari appearing for Singh had earlier told court that Singh had always been cooperating with investigation.
He said that while ED has claimed Dinesh Arora’s aid gave Rs 1 crore to Singh, no one has seen that happening.
“No date, no time has been shown, who met which cash, nothing! You can’t just take anyone’s liberty,” he said.
“If such kind of leeway is allowed, no one is safe. It’s a classic case of abuse,” he added.
AAP leader Sanjay Singh was arrested by the Enforcement Directorate last month on October 4 in the money laundering case linked to the alleged excise policy scam. He was arrested by the agency after hours-long search at his residence in North Avenue.
(Courtesy:- India Today, 3 November 2023)
Deactivated mobile numbers not allocated for 90 days: TRAI
Mobile phone numbers once deactivated for non-usage or disconnected on the subscriber’s request are not allocated to new subscribers for at least 90 days, the Telecom Regulatory Authority of India (TRAI) has told the Supreme Court.
The apex court was hearing a petition raising concern about alleged misuse of data, after a mobile number gets disconnected or deactivated due to non-usage.
“We are not inclined to proceed further with the present writ petition, as it is clear from the counteraffidavit filed by TRAI that the cellular mobile telephone number once deactivated for non-usage or disconnected on the request of subscriber, is not allocated to the new subscriber for at least a period of 90 days,” a Bench said.
“It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained,” the top court noted in its order passed on October 30. Noting the contents of TRAI’s affidavit, the Bench refused to entertain to the plea and dismissed it.
(Courtesy:- The Tribune, 3 November 2023)
Supreme Court junks petition against transfer of Gyanvapi case
The Supreme Court on Friday dismissed the Anjuman Intezamia Masjid Committee’s plea challenging the Allahabad High Court Chief Justice’s decision to withdraw the Gyanvapi case from a single-judge Bench that was hearing it since 2021.
The single-judge Bench was hearing the plea of Anjuman Intezamia Masjid Committee (AIMC), which manages the affairs of the Gyanvapi mosque, challenging the maintainability of a lawsuit for restoration of a temple at the mosque site in Varanasi.
“Dismissed,” a Bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said after hearing the submissions of senior advocate Huzefa Ahmadi, who represented the mosque committee.
“We should not interfere with the order of the Chief Justice of the high court…In high courts, it is a very standard practice. This must lie in the realm of the Chief Justice of the high court,” the Bench said.
The AIMC also challenged the withdrawal of the case from the single-judge Bench of Justice Prakash Padia. The case has now been assigned to a Bench headed by Chief Justice Pritinker Diwaker of the high court through an administrative decision.
(Courtesy:- The Tribune, 3 November 2023)
*Disclaimer: – Always check with the original copy of judgment from the Court website.
Legal News in this Weekly Legal Update are compiled by Team www.deepakmiglani.com