1. Gulfisha Fatima filed a writ petition seeking a writ of habeas corpus to direct the State to produce her and release her from what she claims is illegal custody.
2. She was arrested in connection with multiple FIRs including charges under the Unlawful Activities Prevention Act. Her bail applications were dismissed except for one case where she was granted bail.
3. The court dismissed the writ petition stating that her detention was not illegal as she was in judicial custody pursuant to court orders and the remedy lies in appealing those orders, not through a writ of habeas corpus.
कश्मीर के पत्रकार सज्जाद डार के खिलाफ हिरासत आदेश को हिरासत के अस्पष्ट आधार, अनुच्छेद 22 (5) के उल्लंघन और अनुच्छेद 21 के तहत स्वतंत्रता में कटौती की व्यक्तिपरक संतुष्टि की कमी के आधार पर रद्द कर दिया गया; डार ने 22 महीने हिरासत में बिताए हैं
On Tuesday, May 15, the Allahabad High Court granted bail to Dr. Satish Kumar. Dr. Kumar was in prison in relation to an incident that took place in Baba Raghav Das Medical College in Gorakhpur, Uttar Pradesh, in August 2017, in which 30 children died, allegedly because of the lack of oxygen. Dr. Kumar headed the anaesthesia department at the hospital. The Court noted in its order that Dr. Kumar spent seven months in custody, and that he "is a qualified medical practitioner with no prior criminal history.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
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RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
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1. $~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 991/2021
GULFISHA FATIMA ..... Petitioner
Through: Mr. Jatin Bhatt and Mr. Sanawar, Advs.
versus
STATE ..... Respondent
Through: Mr. Amit Mahajan, SPP with Mr.Rajat Nair,
SPP, Mr.Dhruv Pande and Mr.Shantnu
Sharma, Advs.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
O R D E R
% 09.07.2021
1. The petitioner has preferred the present writ petition seeking issuance
of a writ of Habeas Corpus directing the respondent to produce the
petitioner detenue Ms.Gulfisha Fatima @ Gulfisha Khatoon and to release
her from, what is claimed to be “illegal custody,” on personal bond and
terms and conditions imposed by this Court for securing her attendance
before the concerned trial court in case F.I.R. No. 59/2020, P.S. Crime
Branch.
2. The petitioner submits that she was arrested in connection with F.I.R.
No. 48/2020 registered at P.S. Jafrabad under various provisions of the
Indian Penal Code. She claims that she was formally arrested in F.I.R.
59/2020, registered at P.S. Crime Branch on 11.04.2020. Charges under the
Unlawful Activities (Prevention) Act, 1967, were invoked against her in
Digitally Signed By:AMIT
ARORA
Signing Date:13.07.2021
23:24:11
Signature Not Verified
2. F.I.R. No. 59/2020, P.S. Crime Branch. She states that she approached the
learned Duty M.M. for grant of regular bail in F.I.R. No. 48/2020. During
the adjudication of the Bail Application, she states that she, and the learned
Duty Magistrate, were informed that the charges under another F.I.R. No.
59/2020 are being investigated by the Crime Branch, Delhi Police, which
includes the charges under the Unlawful Activities (Prevention) Act. On
03.05.2020 the learned Duty M.M. dismissed the bail application of the
petitioner in F.I.R. No. 48/2020. Thereafter the petitioner moved the
application before the learned Sessions Judge for grant of bail in F.I.R. No.
48/2020, and the said bail application was allowed by the learned Sessions
Judge on 13.05.2020. However, the petitioner continues in custody due to
charges pending in F.I.R. No. 59/2020 registered at P.S. Crime Branch. The
Petitioner, through here relative, moved to this Court by preferring Writ
Petition (Crl.) No. 824/2020. The said writ petition was dismissed on
22.06.2020 by the Division Bench presided by one us i.e. Vipin Sanghi, J.
Since then, the petitioner has continued to remain in judicial custody, since
bail has not been granted in F.I.R. No. 59/2020. Petitioner has also disclosed
that she was also arrested in F.I.R. No. 83/2020 registered at P.S. Seelampur.
However, she was granted bail in the said case on 20.07.2020. The petitioner
also preferred a petition under Article 32 of the Constitution of India before
the Supreme Court of India, through her brother, seeking her release. The
said petition was dismissed as withdrawn on 26.02.2021. The petitioner was
again arrested in F.I.R. No.50/2020, registered at P.S. Jafrabad, and she was
initially remanded to police custody and, thereafter, she continues in Judicial
custody.
Digitally Signed By:AMIT
ARORA
Signing Date:13.07.2021
23:24:11
Signature Not Verified
3. 3. Mr. Mahajan learned SPP submits that the cognizance has been taken
by Court of learned Sessions in F.I.R. No. 59/2020 on 17.09.2020. It is
informed by the learned counsel for the petitioner that the said order taking
cognizance is under challenge before this Court in Criminal Revision
proceedings.
4. The aforesaid narration of facts would show that the petitioner is in
judicial custody and her detention therefore cannot be termed as illegal, or
without authority of law. If the petitioner has a grievance with regard to the
order passed in the aforesaid judicial proceedings, she has the right to avail
of the legal remedies statutorily prescribed, which she has already done. It is
well settled that a writ of Habeas Corpus would not lie in respect of a person
who is in judicial custody. In fact, while dealing with the earlier petition
preferred on behalf of the petitioner by her brother Aqil Hussain in
W.P.(CRL.) 824/2020 titled Aqil Hussain v. State Of NCT of Delhi & Ors,
this Court had, inter alia, observed as follows:
“14. There is no dispute on either side, and it is also well
settled law that a writ of Habeas Corpus would not lie
where a person is under detention/arrest in pursuance of
orders passed by a Court. A person who is in custody–
either in police remand, or in judicial remand, cannot
maintain a writ of Habeas Corpus unless the judicial
authority which has remanded the detenue to one or the
other kind of remand, is a usurper of authority. It is also not
disputed by learned counsels, and it is an equally well
settled proposition of law, that while dealing with a writ
Digitally Signed By:AMIT
ARORA
Signing Date:13.07.2021
23:24:11
Signature Not Verified
4. petition seeking issuance of writ of Habeas Corpus, the
High Court shall examine the issue: whether the detention
of the detenue is illegal – on the date of the petition, if no
further developments have taken place between the date of
institution of the petition and the date of return/ hearing.
However, where further developments have taken place, it is
the date of return of the notice, or even the date of hearing –
on which the legality of the detention would be examined. In
this regard, we may refer to two decisions by this Court.
The first is Rakesh Kumar Vs. State, 1994 Scc Online Del
91, and the second is a decision of a Division Bench of this
Court in Moin Akhtar Qureshi v. Union of India & Ors,
2017 SCC OnLine Del 12108. In the subsequent decision,
namely Moin Akhtar Qureshi (supra), authored by one of
us (Vipin Sanghi, J), this Court considered the well-
established position in law as enunciated by the Supreme
Court, inter alia, in Madhu Limaye & Ors., In Re., 1969
(1) SCC 292; Kanu Sanyal v. District Magistrate,
Darjeeling & Ors., (1974) 4 SCC 141 and Manubhai R.P.
Vs. State of Gujarat and Ors., (2013) 1 SCC 314. In the
present case, the returnable date was fixed vide order dated
20.05.2020 as 29.05.2020.”
5. Consequently, in our view this petition is completely misplaced and is
not maintainable. The same is accordingly dismissed leaving the petitioner
to agitate her grievances in respect of judicial orders in the aforesaid
Digitally Signed By:AMIT
ARORA
Signing Date:13.07.2021
23:24:11
Signature Not Verified
5. proceeding, before appropriate forums and in appropriate proceedings.
VIPIN SANGHI, J
JASMEET SINGH, J
JULY 9, 2021/sr
Digitally Signed By:AMIT
ARORA
Signing Date:13.07.2021
23:24:11
Signature Not Verified