Latest news with #GirishKathpalia
Indian Express
13 hours ago
- Indian Express
Delhi HC asks home ministry to conduct probe after authorities fail to share CCTV footage of assault at detention centre
Granting bail to two foreign nationals accused of attempting to flee from a detention centre and assaulting officials on duty in the process, the Delhi High Court on Monday suggested that the Ministry of Home Affairs (MHA) carry out an appropriate inquiry into the incident. The instruction came after Justice Girish Kathpalia noted that 'It is quite surprising that footage of the CCTV cameras installed at the detention centre, namely Seva Sadan, Lampur, is being withheld from the investigator.' The court made the observation after it called upon the prosecution 'to address submissions in order to rule out a possibility that the entire incident was fabricated to somehow help the detenues' from being deported to their countries of origin. The accused in the case, nine foreign nationals – one of whom continues to remain on the run to date – had allegedly attempted to run away from the detention centre on February 23, 2024, after twisting the hand of an official and causing injuries to other officials in the scuffle that ensued. While two were caught inside the camp, six others were later apprehended from nearby areas. A First Information Report (FIR) was lodged in the case, and they were subsequently sent to judicial custody. Two of the accused, represented by advocates Meghan and Anup Das, while seeking bail before the Delhi High Court, claimed innocence and told the court that they are only being 'used as a scapegoat', submitting that no such offence was committed and that they are facing 'racial discrimination and the principles of equality have been given a go-by'. The accused also told the court that the whole matter 'is a cock and bull story and an attempt to convert other disputes into a criminal case by misusing the law.' The Delhi Police, through the Narela police station Station House Officer, Inspector Rajendra Singh, had informed the court that while the incident was captured in CCTV cameras installed at the centre, it was unable to obtain the footage. According to the police, they initially issued a notice under Section 91 of the Code of Criminal Procedure (CrPC) in March 2024 to the Superintendent, Department of Social Welfare of Delhi Government, who had responded that the department is only responsible for caretaking facilities and internal security is managed by the Delhi Police and external security by the Central Reserve Police Force (CRPF), with the CCTV footage also being maintained by the latter. A notice under section 91 of the CrPC was then issued to the commanding officer, CRPF, SevaSadan, to which the force stated that cameras were not under their unit's jurisdiction and advised the police to approach the Foreigners' Regional Registration Office (FRRO). Another notice was issued to the Deputy Commissioner of Police, FRRO, to which the assistant commissioner (AFRRO) conveyed that CCTVs were installed by the social welfare department and the required footage should be obtained from them under section 65B of the Indian Evidence Act pertaining to electronic records. Justice Kathpalia recorded, 'The Department of Social Welfare alleges that the CCTV is manned by CRPF; but CRPF alleges that CCTV is manned by FRRO; but the FRRO alleges that the CCTV is manned by the Department of Social Welfare… In view of the above mentioned peculiar circumstances of this case, learned APP (Assistant Public Prosecutor), after discussing with the SHO, Narela, submits that the Chief Secretary, Government of NCT of Delhi or the Secretary, Ministry of Home Affairs would be the competent authorities to carry out the necessary inquiries/investigation.' 'Therefore, copy of this order be sent to the Secretary, Ministry of Home Affairs, Government of India to carry out appropriate inquiry and, if necessary, investigation in accordance with law,' the judge added.
Time of India
4 days ago
- Time of India
‘Befriending girl doesn't give right to sex with her'
New Delhi: Befriending a girl doesn't give a man the right to have sex with her without consent, Delhi High Court stated on Thursday. It dismissed the bail plea of a man accused of sexually assaulting a minor. The court underlined that mere friendship doesn't eliminate the need for consent. Justice Girish Kathpalia rejected the man's claim of having consensual relations with the girl, pointing out that even consent could not be legal as the girl was a minor at the time. "Merely because a girl befriends a boy, the latter cannot be given liberty to indulge in sexual intercourse with her without her consent. Further, even the consent would not be lawful in the present case because the prosecutrix was minor in age," the court observed in its order. It highlighted the girl's specific allegations in the FIR and her testimony about the man's repeated sexual assaults despite her protestations. "I am unable to find it a case of consensual relations merely because in the FIR the prosecutrix stated that the accused/applicant with his sweet talk befriended her," it said, adding that for these reasons, the case is "not a fit case to grant bail to the accused." You Can Also Check: Delhi AQI | Weather in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi The prosecution alleged that in April 2023, the man, working as a construction labourer in NDMC apartments in Vikaspuri, befriended the minor and subsequently raped her. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Villas For Sale in Dubai Might Surprise You Villas in Dubai | Search Ads Get Info Undo According to the complaint, the girl was threatened not to confide in anyone, and the man continued to rape her until Nov 2023. The accused was subsequently booked last year for rape, stalking, criminal intimidation, and under the Protection of Children from Sexual Offences Act. In his defence, the accused maintained that the girl was a major at the time of the incident and he had consensual sex with her, while claiming several inconsistencies in her testimony. Rejecting the plea, the court said a single handpicked line from the testimony of the girl's mother cannot be read in isolation from the remaining material on record. The court considered her educational records establishing her age as a minor and said it couldn't minutely examine evidence in a bail application, leaving the issue of juvenility to be raised in trial. Recently, the Centre told Supreme Court that the age of consent for sex cannot be lowered from 18 years, as it is meant to protect minors. Loosening age-based protections could open avenues for abuse (rape) under the guise of consensual activity, it stated.
Economic Times
15-07-2025
- Business
- Economic Times
Crypto currency may render recognised money untraceable: Delhi HC
The Delhi High Court on Monday said dealing in crypto currency has profound implications on the country's economy by way of "dissolution of recognised money into the dark, unknown and untraceable money". Justice Girish Kathpalia therefore denied bail to a businessman in a corruption case related to crypto currency. "Dealing in crypto currency has profound implications on economy of our country by way of dissolution of recognised money into the dark unknown and untraceable money. The allegations against the accused in this multi-victim scam are quite serious, more so in the light of his antecedents of involvement in as many as 13 more cases of similar nature," the court said. Umesh Verma was arrested in December 2020 and was currently out on interim bail in the matter. The judge directed Verma, accused in the case against Dubai-based crypto currency company, Pluto Exchange, to surrender before the investigating officer or the trial court. The judge said his act of collecting money even after de-recognition of crypto currency showed mala fide. The court prima facie noted that the accused duped 61 investors after "painting a rosy picture" of getting them returns of 20 per cent to 30 per cent on their investments in crypto currency, the process which he continued against the gullible persons even after derecognition of crypto currency. "The deep pockets of the accused, coupled with the nature and expanse of offence in the present case and 13 more cases with consequential possibility of long incarceration lends credence to the apprehension of prosecution that the accused is a flight risk," the judge added.
Time of India
14-07-2025
- Business
- Time of India
Crypto currency may render recognised money untraceable: Delhi HC
Academy Empower your mind, elevate your skills The Delhi High Court on Monday said dealing in crypto currency has profound implications on the country's economy by way of "dissolution of recognised money into the dark, unknown and untraceable money".Justice Girish Kathpalia therefore denied bail to a businessman in a corruption case related to crypto currency."Dealing in crypto currency has profound implications on economy of our country by way of dissolution of recognised money into the dark unknown and untraceable money. The allegations against the accused in this multi-victim scam are quite serious, more so in the light of his antecedents of involvement in as many as 13 more cases of similar nature," the court said. Umesh Verma was arrested in December 2020 and was currently out on interim bail in the judge directed Verma, accused in the case against Dubai-based crypto currency company, Pluto Exchange , to surrender before the investigating officer or the trial judge said his act of collecting money even after de-recognition of crypto currency showed mala court prima facie noted that the accused duped 61 investors after "painting a rosy picture" of getting them returns of 20 per cent to 30 per cent on their investments in crypto currency, the process which he continued against the gullible persons even after derecognition of crypto currency."The deep pockets of the accused, coupled with the nature and expanse of offence in the present case and 13 more cases with consequential possibility of long incarceration lends credence to the apprehension of prosecution that the accused is a flight risk," the judge added.
The Hindu
06-07-2025
- Politics
- The Hindu
Rising concern over conduct of lawyers in virtual hearings
NEW DELHI Born out of necessity during the COVID-19 lockdown five years ago, virtual courtrooms are now grappling with a different challenge – growing indiscipline among lawyers and litigants who flout decorum during online hearings. A virtual court hearing functions like a regular court proceeding but is conducted via video conferencing platforms. Once a matter is listed, parties and lawyers receive a secure video link to join the hearing remotely. The system was introduced during the pandemic, when physical courtrooms were shut to curb the spread of the virus, but the judiciary needed to continue functioning. The facility has proven a boon for lawyers, who can now attend multiple hearings across different courts, and even cities, within a single day, without the burden of travel. For litigants too, it has eased the hassle of appearing in person for each hearing. Screen-time shenanigans However, the system's flexibility has also led to blatant misuse. One egregious example involved a man attending a Gujarat High Court hearing from his toilet. In another case, also in Gujarat, a video went viral showing a senior advocate appearing to sip beer during a virtual session. In Delhi, the High Court recently took strong exception to a female lawyer who joined a hearing via mobile phone while walking through a public park. Though she claimed to be at the Agra court complex, the judge was unconvinced. 'Despite repeated directions, certain sections of the Bar have failed to understand the decorum of the court,' observed Justice Girish Kathpalia. He urged Bar Associations across Delhi to sensitise their members regarding proper conduct during virtual appearances. Justice Kathpalia reminded that the videoconferencing facility was extended to enable counsel to appear from their offices, thereby sparing them the ordeal of rushing between multiple court complexes. Former Chief Justice D.Y. Chandrachud, in February 2023, strongly supported the continued use of virtual hearings, saying, 'Technology is here to stay for the future, forever.' But recent developments underscore that its success depends not just on technical infrastructure, but equally on courtroom conduct. Senior advocate and Supreme Court Bar Association (SCBA) president Vikas Singh did not mince words: 'Online hearing, which started more like a necessity, is being misused by lawyers. It is trivialising a solemn court function. Court hearings cannot be argued from a car, a park, or while having a beer. Strict guidelines must be enforced,' he told The Hindu. Missing penalties While the Delhi High Court, a pioneer in institutionalising video conferencing, issued comprehensive rules in 2021, these mainly focus on behavioural expectations. They mandate that 'participants wear sober attire', with advocates in professional dress as per the Advocates Act, 1961. The rules also state that participants must look into the camera, remain attentive, and refrain from multitasking. 'All proceedings conducted by a court via video conferencing shall be judicial proceedings, and all the courtesies and protocols applicable to a physical court shall apply to these virtual proceedings,' the rules say. However, no specific penalties are prescribed. Courts may invoke the Contempt of Courts Act, 1971, or exercise their inherent powers in egregious cases. Senior advocate Sanjoy Ghose, whose post about the toilet incident went viral, advocated for clear penalties and their strict enforcement. 'There should be penalties prescribed, and they should be strictly enforced,' he told The Hindu. He also called for better awareness: 'Dos and don'ts must be clearly listed on court websites. Litigants may lack familiarity, but lawyers have no excuse.' Sharanya Tripathi, associate advocate at Jotwani Associates, called the trend 'deeply disrespectful to the court's dignity'. 'Everyone attending a virtual hearing, whether lawyer or litigant, must understand that appearing through a screen does not reduce the formality of the courtroom,' she asserted. 'If someone joins from an unsuitable location or behaves disrespectfully, the court should act promptly by removing the participant, imposing costs, or initiating contempt proceedings in serious cases,' Ms. Tripathi said. Courts could also hold legal representatives accountable for ensuring that their clients maintain proper decorum during virtual hearings, she added.
