Justice Swarana Kanta Sharma Archives

Delhi HC directs to conclude trial of acid attack accused in a month; Issues directions for compliance of higher courts’ order to conclude trials in time bound manner

It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.

Case Briefs High Courts

‘Real women empowerment begins with right to live and move freely without fear’; Delhi HC upholds conviction of a man accused of harassment in public space

Public transport, which is meant to ensure mobility and independence, instead became a site of fear and vulnerability for the victim, and any undue leniency to an accused caught at the spot, may embolden any future for perpetrators.

Case Briefs High Courts

Delhi HC directs DLSA to ensure appropriate mechanism to monitor appearance of legal aid counsels; consider establishing mechanism to report non-representation

“The present judgment is only an attempt to put in place a mechanism to address delays caused by the non-appearance of legal aid counsels and to prevent the dismissal of cases involving individuals who are already vulnerable and seeking justice.”

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Case Briefs High Courts

Delhi High Court rejects anticipatory bail to wife accused of inflicting severe burns on husband with boiling water and red chilli powder

Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships.

Case Briefs High Courts

‘Details of manual strangulation reflects how victim suffered traumatic end of her life’; Delhi HC dismisses bail application of husband in dowry death case

“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”

Case Briefs High Courts

Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC

The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.

Case Briefs High Courts

‘Powers under Art. 226 are not expansive enough to allow creation or modification of eligibility criteria for pursuing medicine’; Delhi HC refuses relief to a disabled person

‘As much as the Court may wish to intervene on behalf of a deserving candidate, it cannot overstep its jurisdiction by altering the established norms and benchmarks.’

Case Briefs High Courts

Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers

‘The dual-language approach will help in preventing future instances of non-compliance due to language barriers and ensure that the rights and opportunities are accessible to all citizens, especially those from disadvantaged backgrounds.’

Case Briefs High Courts

Delhi High Court issues directions to ensure respectful, accessible, and efficient admission process for EWS/DG students in private unaided schools

By denying the opportunity for continuous education in a school run by the same society, a pitiable situation frequently arises where, due to the two different identification numbers assigned by the DoE to the school’s junior and senior wings, financial segregation of students is indirectly perpetuated.

Case Briefs High Courts

‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence

The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.

Case Briefs High Courts

Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam

The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.

Case Briefs High Courts

Delhi High Court denies suspension of sentence of Kuldeep Singh Senger in Custodial Death Case of Unnao Rape victim’s father

The Delhi High Court stated that the period of sentence served by a convict is only one of the several factors that are to be taken into consideration while adjudicating an application seeking suspension of sentence.

Case Briefs High Courts

Delhi High Court rejects ISIS convict’s plea for concurrent sentencing based on principle of same transaction and totality of sentence

The Delhi High Court said that the impact of terrorist activities on society is profound and far-reaching, as these crimes can sow fear and insecurity among communities, as well as disrupt social harmony.

Case Briefs High Courts

Delhi HC refuses plea of ailing accused to be admitted in specialized care facility; Sends him back to Tihar Jail

The Delhi High Court directs for a Medical Board to be constituted at AIIMS to examine the deteriorating health of ailing accused.