Delhi HC issues directions to ensure that all victims under Posco act should be given prior notice in all bail proceedings

The Delhi High Court issued directions to ensure that the victims are sent a notice in all bail proceedings concerning POCSO cases to the Sessions Court.

The directions were issued after the hearing of a Petition which highlights a perennial and grave problem of hearing not being afforded to victims/complainants/informants, in bail applications filed on behalf of those accused who are facing trial under the POCSO Act.

As per the Practice Directions, how the informant/complainant/victim would have to be informed is through the IO, who has to issue a notice in writing to the informant/victim/complainant. Also, the Court observed that, “On the whole, out of a total of 294 cases wherein bail was sought by the accused, notices were issued to the Complainant in only 79 cases, i.e., in 215 cases constitution almost 70%, no notice was issued.”

The non-issuance of notice to the complainants/informants/victims is not merely a procedural lapse. Still, it is contrary to the unequivocal legislative mandate as also the declared and settled law. This Court has issued directions ensuring to send notices to the victims under the POCSO Act.

(By – Ukkash F)

Quarantine at Hyatt Hotel : Delhi HC to Saudi nationals

(Quarantine in luxury at Hyatt)

While dealing with a criminal writ petition, the division bench of Justice Vipin Sanghi  and Justice Rajnish Bhatnagar, wherein the three Saudi Nationals in relation to Tablighi Jamaat , had complained and even addressed their grievances in staying in the quarantine facility provided by the Indian Government. They have further submitted of their wish to get quarantined in the  Hyatt Hotel of Delhi, to which the Saudi Arabia Embassy has also given its nod and has also agreed to pay the expenses of the said facility.

Mr. Amit Mahajan who has appeared for the Union in the said context  has submitted that the Union of   India would have no objection on their part on such contention, and the applicants are permitted to stay at Hyatt Hotel, R.K Puram, New Delhi provided all expenses are borne by the applicants, or by the Embassy of Saudi Arabia. The court also made them aware of the First Information Report (FIR) registered against the said individuals under the Epidemics Diseases Act, Disaster Management Act, and vide section 188 of the Indian Penal Code (IPC). (Source- Live Law)                                             

( By-Vaishali Bahubalendra)

PM care fund: A petition seeking a direction to PM care fund to divulge information under RTI Act 2005 has been filed before Delhi HC

A petition has been filed before the Delhi HC seeking a direction to the PM CARES Fund to divulge information under the Right to Information Act, 2005.

The Petition asserts that the PM CARES Fund is a ‘public authority’ within the ambit of Section 2(h) of the RTI Act and is thus obligated to disclose not only the details of the money received by it but also the details of its utilization.

The Petition has been preferred by Advocate Dr Surender Singh Hooda.

The Petitioner has stated that the Fund was set up to fight COVID-19, a public cause, and as much as Rs 10,000 crore was collected by way of donations from public at large, including donations from the Public Sector Undertakings, salaries of armed forces personnel, civil servants and members of the judicial entities.

The Petitioner has thus claimed that he has filed the present petition on behalf of every COVID-19 victim who has the right to know how the Fund was spending the donations.

The matter is likely to be heard on June 10.