HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.
CBI
Supreme Court refuses to quash CBI disproportionate assets case against Karnataka Deputy CM DK Shivakumar
Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
[NEET UG 2024] Patna HC permits CBI to take custody of 13 accused in NEET paper leak case
The Court stayed the order dated 02-07-2024 passed by the Exclusive Magistrate, CBI, Patna, whereby CBI’s application for remand of the 13 accused was rejected.
When can CBI be involved in an investigation? Kerala High Court answers
“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”
‘Establishment, extension of jurisdiction, superintendence of DSPE vests with GOI’; West Bengal’s suit alleging misuse of CBI by Union maintainable: Supreme Court
The State of West Bengal had challenged the CBI’s action of registering Suo moto cases for offences that occurred within its territory without any direction from the competent court or prior consent by the State.
[NEET UG 2024] Supreme Court to determine to what extent the exam was compromised before retest call
“If the breach of the exam’s sanctity is widespread and if it is not possible to segregate tainted and untainted candidates, a retest may be ordered, but if beneficiaries are identified and limited, then a retest won’t be needed”
‘Violative of Rule 3(vi) of Delhi High Court Video Conference Rules, 2021’; Delhi HC directs X, Meta, YouTube to remove audio/video recording of Arvind Kejriwal’s Court proceedings
Several members of Aam Aadmi Party including members of various other opposition parties made an audio and video recording of Court proceedings which had been circulated on various social media platforms.
[Delhi Excise Policy] Delhi High Court directs IO to provide prompt hard and digitized copies of Supplementary Charge Sheet to accused upon filing
Keeping in view the rules of natural justice, fair trial and criminal jurisprudence, the accused will be entitled to supply of those additional documents which may be filed against the co-accused with whom he has been alleged to have conspired with and as stated above, to additionally address arguments on charge on the basis of such additional material directly involving his role in the conspiracy.
[Manish Sisodia Bail] SC grants liberty to AAP’s Manish Sisodia to revive bail plea after final chargesheet is filed by ED/CBI by July 3
The Court did not grant relief to Sisodia in his bail plea against Delhi High Court’s decision but granted him the liberty to revive his prayer afresh after filing of the final complaint/Charge sheet on or before 03-07-2024, after considering the assurance by Prosecution.
Punjab & Haryana HC acquits Dera Sacha Sauda Chief Gurmeet Ram Rahim in 2002 Ranjit Singh murder case
Ranjit Singh was Dera manager who was shot dead in 2002, allegedly on speculation that he circulated an anonymous letter, highlighting the cases of sexual exploitation of Dera’s female followers.
‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”
[Cash for Job Scam] Calcutta HC invalidates 24000 appointments secured through WB-SSC 2016 for State Fund Misappropriation for Illicit Employment
“Documents placed on record suggest that the State Government, at the level of the Cabinet had approved creation of the supernumerary posts to accommodate the persons who had received employment illegally in the selection process”
[Excise Policy Case] Delhi Court sends BRS legislator K Kavitha to judicial custody till April 23
Central Board of Investigation submitted in the Court that K Kavitha was not responding to them.
CBI takes over probe and registers FIR; Kerala High Court closes veterinary student’s death case
A second-year student studying in College of Veterinary and Animal Sciences in Pookode, Wayanad was found hanging in the hostel due to alleged torture and ragging.
Chairman, MD, ED, of private banks are public servants; Telangana HC allows prosecution of officials under Prevention of Corruption Act
The Special Judge for CBI Cases, Hyderabad, failed to appreciate the facts and circumstances and held that respondents are not public servants and accordingly exonerated them from offences under the provisions of the Prevention of Corruption Act, 1988.
Sandeshkhali ED Attack| SC refuses to interfere with Calcutta HC order directing CBI probe
Shahjahan Sheikh was described by the court as a ‘strongman’ with significant political influence, was elected as a Karmadhaksya of Zilla Parishad, North 24 Parganas, and had ties to the ruling party. He is a prime accused in almost 42 criminal cases arising out of Sandeshkhali, eventually leading to his arrest by the State Police after a prolonged period of being absconded.
Supreme Court directs ED to conduct exhaustive investigation in money laundering case against Amtek Auto’s former promoters
In 2018, the National Company Law Tribunal approved the resolution plan submitted for Amtek Auto by Liberty House, which was settled with 80% haircut for Deccan Value Investors in November 2021
Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach
Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.
CBI not totally exempted from RTI Act; Delhi High Court orders for disclosure of information in AIIMS corruption case
This is not a case where sensitive information has been collected by the CBI and the disclosure of which would be prejudicial for the officers involved. This is also not a case where information is so sensitive that it cannot be shared with the public at large.
Delhi Court allows Manish Sisodia to meet his ailing wife once a week
Manish Sisodia met his wife last on 10-11-2023 and sought permission from the Court to meet his wife twice a week at his residence.