CIC orders Delhi University and Gujarat University to provide Degree details of Prime Minister Narender Modi

The Central Information Commission (CIC) in a decision given on 29th April 2016 by Information Commissioner Shri M. Sridhar Acharyulu directed the Delhi University and Gujarat University to provide Degree details of Shri Narender Modi (Prime Minister) to the RTI applicant Shri Arvind Kejriwal (Chief Minister of Delhi).

Here is the link to the Judgment :

http://www.rti.india.gov.in/cic_decisions/CIC_SA_C_2015_000275_T_184410.pdf

On 28th December 2016, Gujarat HC ordered hearing by a Single-Judge Bench on a Gujarat University petition seeking quashing of Central Information Commission order to provide information on Prime Minister Narendra Modi's educational degree to AAP leader Arvind Kejriwal.

In yet another Order passed by CIC on 21st December 2016 in the case of Neeraj vs Delhi University (Case No. CIC/SA/C/2016/900122), the CIC directed Delhi University to facilitate inspection of records related to all the BA students of 1978, which according to the University is the year when Prime Minister Narendra Modi got his degree. The RTI applicant had filed application to know the details of all students who had appeared in Bachelor of Arts course in the year 1978, their father name and their result but Delhi University had denied the information, prompting him to approach CIC.

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However, the CIC order has been stayed by Delhi High Court on 23^rd January 2017.

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How to reduce pendency in courts in India

Recently I came across an article in Times of India titled “More Judges not only way to reduce pendency”. The article deserves appreciation. Being in the legal profession for last 19 years, I have been privy to the ills which are plaguing the legal system in our country. I have also authored a book "COURTS, POLICE AUTHORITIES & COMMON MAN’ which bares and explains the niceties of our legal system in layman’s language. 

I feel that following few small steps, if taken with sincerity, will be quite helpful in cutting down on the pendency of cases in the courts :

1. Discourage Frivolous litigation 

Quite often, people file the case in the court despite the fact that the case is not maintainable under law. But they still take a chance. Such cases clog the judicial system, thereby delaying the disposal of genuine cases. Some litigants also use false submissions and documents in support of their case. Such litigants and lawyers who file such cases are required to be dealt with a heavy hand. For filing false submissions in the pleadings filed in court and for filing false/fabricated documents, strict action is required to be taken frequently by initiating proceedings under the criminal law (Section 340 CrPC etc) against such persons. The court should also refer the names of the lawyers who file such frivolous cases to the concerned Bar Council for taking action under the Advocates Act. Exemplary costs should be imposed while dismissing such frivolous cases and substantial part of cost should be paid to the opposite party who has been made to suffer by such frivolous litigation.

2. Award cost of litigation to winning party

The Supreme Court has time and again emphasised that the loosing party should be directed to pay the cost of entire litigation to the winning party. The cost should be realistic cost which would include the expenses incurred by the winning party in paying court fees, lawyer’s fees, travelling fees, opportunity cost, interest, etc. However, invariably, the Indian courts either do not grant costs to the winning party or grant ridiculous low cost to the winning party. Abroad, in countries like USA and UK, very heavy costs are awarded against the loosing party, which deter people to file false / frivolous cases. 

3. Improve quality of advocates representing Governments, PSUs, autonomous and local bodies

Its a known fact that the biggest litigant in Indian courts is the Government. Many of the cases filed against the Government authorities can be disposed off in one or two hearings but this does not happen because mostly the advocates representing the Govt authorities are not well equipped, either with facts or with law, to argue on the 1st date (or first few dates) and invariably take adjournment. They should be vigilant, efficient and competent enough to take instructions in advance from the concerned deptt so as to place correct facts and uptodate position before the court for the court to take appropriate and quick decision in the matter. Merit, and not connection, should be the criteria in selecting / appointing the advocate for the Government. Also, to improve the quality of such advocates, the measly fees paid to such advocates need to be increased substantially to motivate them to keep themselves abreast with latest developments and judgments and to do more hard work in their cases.

4. Ensure quality of orders passed by Administrative and quasi-judiicial officers / bodies

Many a cases land up in courts challenging the incorrect and inappropriate orders passed by the administrative and quasi-judiicial officers / bodies. Sometimes, principles of natural justice are not followed by these authorities while passing the orders and sometimes they are not aware of the law and latest legal judgments on the subject. In most of these cases, the orders are set aside by the courts. So, administrative and quasi-judiicial officers / bodies could be given periodic training by legal luminaries to reduce the chances of passing fallible orders. In case an officer is found passing such wrong orders repeatedly, the appropriate Government may consider terminating such officer.

I have represented the Union of India in Delhi High Court for 3 terms since 1999. At present, I am representing Delhi Government and am also Standing Counsel to the North MCD in Delhi High Court. I have seen the working of judges, the department officers and the advocates from close quarters and I am making the above suggestions on the basis of my experience in courts for last 19 years. 

Sunil Goel advocate B.Sc. L.Lb L.Lm

Mobile App for Dance lovers around the globe

Hi Friends. I just started using this app on Dance  (www.danceninspire.com). Brilliant initiative, I would say. I find it a one stop solution for Dancers, Choreographers and Dance Lovers.

Latest and Popular Dance Videos of all the Dance Styles are being shared here. It provides an appropriate platform to the emerging artists to showcase their talent. Also, it increases one's knowledge about various popular Dance Styles like HipHop, Ballet, Jazz, Contemporary, Bollywood, freestyle.

This app has a great potential to connect the fragmented Dance Community around the world and to bring them together. 

Sunil Goel

Rajasthan High Court declare Jain community practice of SANTHARA as unconstitutional and illegal

In a totally unexpected ruling, the Division Bench of Rajasthan High Court by its judgment dated 10th August 2015 (Nikhil Soni vs Union of India & others D.B.Civil Writ Petition No.7414/2006 (Public Interest Litigation) ruled that the practice of Santhara by the Jain Community is akin to suicide and is unconstitutional. The Court allowed the PIL filed by a practicing advocate with direction to the State authorities to stop the practice of 'Santhara' or 'Sallekhana' and to treat it as suicide punishable under section 309 of the Indian Penal Code and its abetment by persons under section 306 of the Indian Penal Code. The Court also directed the Government to stop and abolish the practice of ‘Santhara' and 'Sallekhana' in the Jain religion in any form. The Court further directed that any complaint made in this regard should be registered as a criminal case and investigated by the police in accordance with Section 309 or Section 306 of Indian Penal Code.

This judgment has led to much unrest and anger amongst the Jain community. It is hoped and believed that this judgment will be appropriately dealt with by the Supreme Court in coming days on an appropriate appeal or petition being filed in the Supreme Court. 

Here is the link to this judgment....

Mental cruelty by wife is ground for divorce : Supreme Court

This Supreme Court in its Judgment dated 4th July two thousand and twelve in Sarla Vishwanath Agrawal Agrawal vs  Civil Appeal No. 4905 of 2 012 decided that by Mental Cruelty by wife is ground for divorce.

The facts are that the husband filed an application for divorce. The same was dismissed by trial judge. The appeal by 1st appellate court was also rejected. Husband preferred Second appeal to the High Court. High court held that no substantial question of law was involved and dismissed Appeal. Husband approached Supreme Court by way of SLP.

Agreeing with the husband, Supreme Court granted leave and allowed his appeal. Relying on various judgments, the Supreme Court held that the expression 'cruelty' had an inseparable nexus with human conduct or human behavior. It was always dependent upon social strata or milieu to which parties belonged, their ways of life, relationship, temperaments and emotions that had been conditioned by their social status. Court observed that Section 13 (1) (ia) of Hindu Marriage Act, 1955 did not define 'cruelty' and same could not be defined. 'Cruelty' might be mental or physical, intentional or unintentional. Mental cruelty was a state of mind and feeling with one of spouses due to behaviour or behavioural pattern by other. Mental cruelty could not be established by direct evidence and it was necessarily a matter of inference to be drawn from facts and circumstances of case. A feeling of anguish, disappointment, and frustration in one spouse caused by conduct of other could only be appreciated on assessing attending facts and circumstances in which two partners of matrimonial life had been living. Facts and circumstances were to be assessed emerging from evidence on record and thereafter, a fair inference had to be drawn whether Petitioner in divorce Petition had been subjected to mental cruelty due to conduct of other. As to what constituted mental cruelty for purposes of Section 13 (1) (ia) of Act, would not depend upon numerical count of such incident or only on continuous course of such conduct but one had to really go by intensity, gravity and stigmatic impact of it when meted out even once and deleterious effect of it on mental attitude necessary for maintaining a conducive matrimonial home. In a matrimonial dispute, it would be inappropriate to expect outsiders to come and depose - Family members and sometimes relatives, friends and neighbours were most natural witnesses. Veracity of testimony was to be tested on objective parameters and not to be thrown overboard on ground that witnesses were related to either of spouse. Conduct and circumstances made it graphically clear that, Respondent-wife had really humiliated Appellant and caused mental cruelty. Her conduct exposited that it had resulted in causing agony and anguish in mind of Appellant-husband. She had made wild allegations about his character. She had made an effort to prosecute him in criminal litigations which she had failed to prove. Feeling of deep anguish, disappointment, agony and frustration of Appellant-husband was obvious. Cumulative effect of evidence brought on record established a sustained attitude of causing humiliation and calculated torture on part of Respondent-wife to make life of Appellant-husband miserable. Appellant-husband felt humiliated both in private and public life. With this mental pain, agony and suffering, Appellant-husband could not be asked to put up with conduct of Respondent-wife and to continue to live with her. Therefore, he was entitled to a decree for divorce.

The Court also held that Permanent alimony was to be granted taking into consideration social status, conduct of parties, way of living of spouse and such other ancillary aspects and granted permanent alimony of Rs.50 lakh to the wife.

Click here for the Full text of the judgment:

http://judis.nic.in/supremecourt/imgs1.aspx?filename=39378

Supreme Court of India awards Rs.60 lakh as damages to a child who suffered injuries due to negligence of electricity company

In a Judgment passed on 17th December 2014 in the matter of Raman vs Uttar Haryana Bijli Vitran Nigam Ltd.  Civil Appeal No. 11466/2014, the Supreme Court of India awarded compensation of Rs.60 lakh to a child who suffered injuries due to negligence of electricity authority. 

Raman, a 4 year boy in 2011 was electrocuted on 3.11.2011 by coming in direct contact with the naked electric wire lying open on the roof of his House in Panipat. The injuries were such that doctors were left with no other option but to carry out triple amputation by removing both his arms upto arm pit and left leg upto knee as the grievous injuries suffered were not curable. It was 100% permanent disability.

Prior to this tragic incident, the boy’s father along with other neighbours had given representations to the electricity company to remove the iron angle from the vicinity of the residential area, as it endangers the life of around 40 to 60 families which is densely populated, but no action was taken.

The boy’s father filed a writ petition in Punjab & Haryana High Court which directed electricity company to compensate the child. But on appeal by electricity company, the Division Bench reduced the compensation amount. 

On filing appeal by the child through father, the Supreme Court restored the compensation of Rs.60 lakh ordered by the single Judge and also directed in case the child does not survive till 21 years of age, the amount will go to his legal heirs. The Supreme Court, taking a compassionate view, observed : He is virtually dead wood and further, he has to undergo continuous pain and suffering at the time of attending nature's call, sitting, standing, walking and sleeping. He has to face difficulties on all walks of life, which is worse than death. His childhood is lost, the marital status and happiness is lost, which cannot be compensated in terms of money. He has to undergo a great ordeal and agony throughout his life”.

This is a landmark judgment on the issue of damages to be awarded in case of personal injury due to negligence.

Click below for Full Text of Judgment

http://judis.nic.in/supremecourt/imgs1.aspx?filename=42215

Supreme Court of India dismisses PIL to rename 'India' to 'Bharat'

The Supreme Court (Bench of Chief Justice HL Dattu and Justice AK Sikri) on 10th November 2014 declined to entertain a plea seeking to rename India as Bharat and asked the petitioner to first make an appropriate representation before an authority in support of his plea. The court said that the petitioner can approach it only after making a representation and getting response to it. The case was  W.P.(C) NO. 924/2014 and titled as NIRANJAN BHATWAL vs UNION OF INDIA AND others.

Click below for the Order dated 10.11.2014.

http://courtnic.nic.in/supremecourt/casestatus_new/querycheck_page2.asp

  

Anti Corruption Branch can arrest Delhi Police officials, rules Delhi High Court

In a landmark judgment, Justice Vipin Sanghi of Delhi High Court in his judgment delivered on 25th May 2015 held that Anti Corruption Branch (ACB) of Delhi Government has the power to arrest the Delhi Police officials. The Court dismissed the bail application which was filed by Constable Anil Kumar of Delhi Police who was arrested by ACB on charges of corruption.

This judgment assumes significance in the wake of latest turf of war between the Lt. Governor Najeeb Jung and the Chief Minister Arvind Kejriwal in Delhi. The LG and the Central government in recent past have been doing things thereby restricting the free working of the Delhi Government. The bone of contention is the interpretation of Article 239AA of the Constitution of India and the Government of NCT of Delhi Act 1991.

Read the Full Text of the Judgment.

Delhi High Court : Adding alphabet ‘A’ before name of candidate in DUSU elections is improper

Delhi High Court : Adding alphabet ‘A’ before name of candidate in DUSU elections is improper

The Division bench of Delhi High Court comprising the Chief Justice G Rohini and Justice RS Endlaw delivered a judgment on 20th November 2014 in the appeal LPA No. 566/2014 filed by All India Students Association against single Judge’s order in relation to the elections to Delhi University Students Union (DUSU) elections.  The Court observed that the practice of candidates changing their names and adding the alphabet "A" before their names prior to DUSU polls to get themselves listed at the top of the ballot paper "is flawed". 

The Court observed : ‘we do indeed find several of the contesting candidates to have prefixed the letters “AAA”, “AA”, “aa”, “A.A”, “AAAA”, “aaa”, “a.a” or a name beginning with the letter “A”, to their names, resulting in such altered / changed name being listed at the top of the ballot paper, the names of LPA No.566/2014 Page 4 of 9 contesting candidates wherein are listed alphabetically and which otherwise would have been listed at the bottom of the ballot paper. The contesting candidates having indulged in such a practice, this Court cannot turn a blind eye thereto.  ……We fail to understand, as to how a student of the university, for the purpose of contesting the election, can be allowed any prefix before his name as entered on the rolls of the university.”

The court further observed : “We are however of the opinion that the practice, if followed by the respondent University of allowing such prefixes to the name for the purposes solely of election, is flawed. The name by which a candidate is allowed to contest the election should be the name on the rolls of the university and which name would be, as aforesaid, the same as the name of such student in the School Leaving Certificate. The name in School Leaving Certificate is generally the name given at birth. Though a change of name is possible but the same entails effecting publication in the prescribed newspapers of such change and thereafter having such change notified / published in the Delhi Gazette. Similarly, the schools also have a procedure for effecting change in name. …. Even if there is procedure prevalent in the university permitting change of name, the same should be permissible after contesting in the election and which are normally held soon after the beginning of the academic session. We are further of the view that once the candidate has so changed his name, even if for the purpose of election, in the ensuing year he/she ought not be permitted to thereafter revert to the original name and should be ready to obtain his University Leaving Certificate/Degree also with such changed name”.

Click on Judgment for the Full Text.