माननीय अध्यक्ष: श्री ए.राजा जी ।

राजा जी का दूसरा विषय है ।

SHRI A. RAJA (NILGIRIS): Sir, a tragic incident happened in the early hours of Monday, the 2nd December 2019 at Nadoor Village near Mettupalayam Municipality in my constituency. A compound wall constructed by  a private individual had collapsed,  instantly killing 17 Scheduled Castes people, including children. The fact remains that the villagers had on several occasions complained to the district administration and the State Government with regard to the danger posed by the compound wall. The incident led to scores of people, including relatives of the deceased and the members of the pro-Dalit organisations like Tamil Tigers and other political parties protest against the district administration and pressing for reasonable demand to accommodate them inside the Mettupalayam Government Hospital Campus.

“ कि यह सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है ।” माननीय अध्यक्ष : प्रश्न यह है :

“ कि सभा 05 दिसंबर, 2019 को सभा में प्रस्तुत कार्य मंत्रणा समिति के ग्यारहवें प्रतिवेदन से सहमत है । ” प्रस्ताव स्वीकृत हुआ ।

SHRI BALUBHAU ALIAS SURESH NARAYAN DHANORKAR (CHANDRAPUR): I beg to present the following Reports (Hindi and English versions) of the Standing Committee on Coal and Steel :-

(i)                 Third Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Coal.

(ii)               Fourth Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Mines.

(iii)              Fifth Report on 'Demands for Grants (2019-20)' pertaining to the Ministry of Steel.

SHRIMATI ANUPRIYA PATEL (MIRZAPUR): I beg to present the following Reports (Hindi and English versions) of the Standing Committee on Energy (2019-20) :-

(i)                 1st Report on Demands for Grants relating to the Ministry of New and Renewable Energy for the year 2019-20.

(ii)               2nd Report on Demands for Grants relating to the Ministry of Power for the year 2019-20.

SHRI ADHIR RANJAN CHOWDHURY (BAHARAMPUR): Sir, I beg to present the following Reports (Hindi and English versions) of the Public Accounts Committee (2019-20):-

(1) 1st Report on ‘Revision of ceilings for Exception Reporting in Appropriation Accounts’.

(2) 2nd Report on Action taken by the Government on the Observations/Recommendations of the Committee contained in their 95th Report (16th Lok Sabha) on ‘Health and Family Welfare’.

(3) 3rd Report on Action taken by the Government on the Observations /Recommendations of the Committee contained in their 103rd Report (16th Lok Sabha) on ‘Assessment of Entities Engaged in Health & Allied Sector’.

SECRETARY GENERAL: Sir, I have to report the following message received from the Secretary General of Rajya Sabha:

“In accordance with the provisions of rule 127 of the Rules of Procedure and Conduct of Business in the Raya Sabha, I am directed to inform the Lok Sabha that the Rajya Sabha at its sitting held on the 4th December, 2019, agreed without any amendment to the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Bill, 2019 which was passed by the Lok Sabha at its sitting held on the 28th November, 2019.”          

माननीय अध्यक्ष: माननीय सदस्यगण,मुझे कुछ विषयों पर माननीय सदस्यों के स्थगन-प्रस्ताव की सूचनाएं प्राप्त हुई हैं । मैंने किसी भी स्थगन-प्रस्ताव की सूचना को अनुमति प्रदान नहीं की है ।

__________  

डॉ. निशिकांत दुबे (गोड्डा): माननीय अध्यक्ष जी, मैं आपके माध्यम से … * भ्रष्टाचार की गंगोत्री है,के बड़े स्कैम की तरफ देश और पार्लियामेंट का ध्यान आकृष्ट करना चाहता हूं ।             महोदय, जब माननीय वाजपेयी जी की सरकार थी,वर्ष 2003 में सरकार ने तय किया था कि हम लोगों को एस बैंड के लिए कंपनी बनानी चाहिए और एन्ट्रिक्स को इसकी मार्केटिंग करनी चाहिए । वर्ष 2003 में एक आदमी के साथ उसकी बातचीत स्टार्ट हुई । हमारी सरकार चली गई । आपको जानकर आश्चर्य होगा कि हमारी सरकार के जाने के बाद 28 जनवरी, 2005 को एन्ट्रिक्स और देवास नाम की कंपनी के साथ एक एग्रीमेंट साइन हुआ । …(व्यवधान) देवास कंपनी 17 दिसम्बर, 2004 को बनी । …(व्यवधान) उसके साथ 60,000 करोड़ का एग्रीमेंट भारत सरकार ने साइन किया । …(व्यवधान)           महोदय, दूसरा सवाल है कि जिन कंपनियों से पैसा आया, मॉरिशस की कंपनी   …(व्यवधान) कंपनी 2006 में बनी, 2009 में बनी, 2010 में बनी ।…(व्यवधान) और … * जी ने एफआईपीबी का क्लियरेंस दिया । …(व्यवधान) माननीय अध्यक्ष: श्री संतोष पाण्डेय जी ।

माननीय अध्यक्ष: अब पत्र सभा पटल पर रखे जाएंगे ।           श्रीमती स्मृति जूबिन ईरानी ।

  THE MINISTER OF WOMEN AND CHILD DEVELOPMENT AND MINISTER OF TEXTILES (SHRIMATI SMRITI ZUBIN IRANI): Sir, I beg to lay on the Table of the House:

1.              (i)        A copy of the Annual Report (Hindi and English versions) of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019, alongwith Audited Accounts.

         (ii)         A copy of the Review (Hindi and English versions) by the Government of the working of the Indian Silk Export Promotion Council, New Delhi, for the year 2018-2019. [Placed in Library, See No. LT 1124/17/19]

2.              (i)        A copy of the Annual Report (Hindi and English versions) of the Wool Research Association, Thane, for the year 2018-2019, alongwith Audited Accounts.

संसदीय कार्य मंत्री; कोयला मंत्री तथा खान मंत्री (श्री प्रहलाद जोशी): सभापति महोदया,जब स्मृति ईरानी जी बोल रही थीं,उस समय श्री टी.एन. प्रथापन और एडवोकेट डीन कुरियाकोस ने दुर्व्यवहार किया है, जो निंदात्मक है । This is most condemnable. महिला संसद सदस्य के सामने थ्रेटनिंग पोजीशन में आना,यह बिलकुल गलत है । She was talking as a lady Member of this House, and at that time, everybody had expressed their opinions. मेरा एक्सप्रेशन करने का स्टाइल अलग है और अधीर रंजन जी का अलग है । But if you become aggressive, ऐसा करना बिल्कुल ठीक नहीं है । It is most uncalled for. मैं अधीर रंजन जी से आग्रह करता हूं कि उन दोनों माननीय सदस्यों को बुलाइए और माफी   मंगवाइए ।  They should ask for the apology unconditionally. …(Interruptions)

SHRI ADHIR RANJAN CHOWDHURY (BAHARAMPUR): Sir, I would like to flag the attention of the entire House towards this issue. In spite of volcanic and seething anger coupled with indignation, hate against…. …(Interruptions)

Sir, in spite of volcanic and seething anger coupled with indignation and hate against the gangrape incidents which have been occurring at regular intervals across the nation, there is no respite of this kind of brutal and bestial crime. सर, हम यहां बहुत सारे कानूनों की बात करते हैं, मृत्युदंड की घोषणा करते हैं । बहुत कुछ कर रहे हैं, लेकिन कभी-कभी लगता है कि क्या हम पैसे के बुद्धिमान और पाउंड के मूर्ख हैं?कोई कमी नहीं दिखाई देती । सर,हैदराबाद की घटना हुई, उसके बाद बंगाल में माल्दा, फिर उन्नाव का मामला आ गया । हम लोग कहां जाएं, हिन्दुस्तान के लोग कहां जाएं?सबसे बड़ी बात है कि उन्नाव में चार दिन पहले आरोपी को रिहा किया गया । आरोपी ने पीड़िता को मारने के लिए आग लगा दी । महिला भागती हुई, दौड़ती हुई किसी के पास शरण लेनी गई । उसके बाद हॉस्पिटल में भर्ती हुई,अभी दिल्ली आई । उसकी 95 परसेंट बॉडी जल गई । यह क्या हो रहा है?आज की तारीख 6 दिसम्बर को बाबरी मस्जिद ध्वस्त हुई थी और वहां मंदिर बन रहा है । एक तरफ हिन्दुस्तान में राम जी का मंदिर बन रहा है और दूसरी तरफ सीता को जलाया जा रहा है ।…(व्यवधान)

1.        Consideration of any items of Government Business carried over from today's order paper: - [it contains (i) consideration and passing of the International Financial Services Centres Authority Bill, 2019; and (ii) Consideration and passing of the Arms (Amendment) Bill, 2019.]

2. Consideration and passing of the following Bills, after their introduction:-

(i)                 The Anti Maritime Piracy Bill, 2019.

(ii)               The Personal Data Protection Bill; 2019.

(iii)               The Citizenship (Amendment) Bill, 2019.

(iv)             The Code on Social Security Bill, 2019.

(v)              The Central Sanskrit University Bill, 2019.

(vi)             The Maintenance & Welfare of Parents & Senior Citizens (Amendment) Bill, 2019.

माननीय अध्यक्ष: माननीय सदस्यगण, जैसा कि आप सभी को विदित है, अठारह वर्ष पूर्व 13 दिसम्बर, 2001 को एक दुस्साहसिक हमले में हमारी लोकतांत्रिक राजव्यवस्था की प्रतीक भारतीय संसद आतंकी हमले का निशाना बनी ।

          यह हमला संसद परिसर की सुरक्षा में लगे हुए सतर्क सुरक्षा बलों द्वारा निष्फल कर दिया गया था। दिल्ली पुलिस के पांच सुरक्षाकर्मी, केन्द्रीय रिजर्व पुलिस बल की एक महिला कांस्टेबल, संसद सुरक्षा सेवा के दो सुरक्षा सहायक तथा एक अन्य कर्मचारी भी इस आतंकी हमले में शहीद हुए ।

          यह सभा हमारे बहादुर सुरक्षा कर्मियों द्वारा दिए गए सर्वोच्च बलिदान के प्रति अपनी श्रद्धांजलि अर्पित करती है तथा उनके परिवारों के साथ मजबूती से खड़ी है ।

          इस अवसर पर, हम आतंकवाद से लड़ने तथा अपने देश की एकता, अखंडता और सम्प्रभुता की रक्षा करने संबंधी अपने संकल्प को एक बार पुन: दोहराते हैं ।

माननीय अध्यक्ष: माननीय सदस्यगण, अब हम सत्रहवीं लोक सभा के दूसरे सत्र की समाप्ति की ओर आ गए हैं, जो 18 नवम्बर, 2019 को आरंभ हुआ था। अब तक, हम 20 बैठकें कर चुके हैं जो 130 घंटे 45 मिनट तक चलीं। 18 नवम्बर, 2019 को चार नए सदस्यों ने शपथ ली अथवा प्रतिज्ञान किया।

…(व्यवधान)

माननीय अध्यक्ष : इस सत्र में महत्वपूर्ण वित्तीय, विधायी और अन्य कार्यों का भी निपटान हुआ। वर्ष 2019-20 के लिए अनुदानों की अनुपूरक मांगों (सामान्य) पर चर्चा 5 घंटे 5 मिनट तक चली। वर्तमान सत्र के दौरान 18 सरकारी विधेयक पुर:स्थापित हुए। कुल मिलाकर 14 विधेयक पारित हुए। 140 तारांकित प्रश्नों के मौखिक उत्तर दिए गए। औसतन प्रतिदिन लगभग 7.36 प्रश्नों के उत्तर दिए गए। इसके अतिरिक्त औसतन प्रतिदिन 20.42 अनुपूरक प्रश्नों के उत्तर दिये गए। 27 नवम्बर, 2019 को सभी 20 तारांकित प्रश्न लिये गए।

संसदीय कार्य मंत्रालय में राज्य मंत्री तथा भारी उद्योग और लोक उद्यम मंत्रालय में राज्य मंत्री (श्री अर्जुन राम मेघवाल): माननीय अध्यक्ष जी, हमारी तरफ से बहुत से लोगों के एजर्नमेंट मोशन हैं। …(व्यवधान) जैसे साध्वी जी ने बाहर बोला था और हाउस में माफी मांगी थी, ऐसे ही राहुल गांधी जी ने बाहर बोला कि ‘मेक इन इंडिया’ की जगह ‘रेप इन इंडिया’ हो गया है। यह बहुत कन्डेम्नेबल एक्टिविटी है। …(व्यवधान) उन्हें हाउस में आकर माफी मांगनी चाहिए।…(व्यवधान) वह हाउस में आकर माफी मांगें।…(व्यवधान) हाउस में ऐसा पहले कर रखा है, साध्वी निर्मला ज्योति जी ने।…(व्यवधान)  वह हाउस में नहीं बोली थीं, पब्लिक में बोली थीं, मीटिंग में, …(व्यवधान) ऐसे ही राहुल गांधी जी पब्लिक में बोले हैं।…(व्यवधान) उनको माफी मांगनी चाहिए।…(व्यवधान) उन्होंने कैसे कह दिया कि यह ‘मेक इन इंडिया’ नहीं ‘रेप इन इंडिया’ है। …(व्यवधान) यह बहुत ही निंदनीय है। …(व्यवधान) घोर आपत्तिजनक है।…(व्यवधान) सदस्य को यहां बुलाया जाए और हाउस में माफी मांगी जाए।…(व्यवधान)

For State : Mr. S.K. Mahala, PP. For Complainant : Mr. Brahm Singh Gurjar. HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 08/05/2020

1. Heard counsel for the petitioners through video conferencing. Learned Public Prosecutor is present in person in the Court.

2. Heard counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in person in the Court.

3. Petitioner has filed this bail application under Section 439 of Cr.P.C.

4. F.I.R. No.355/2019 was registered at Police Station Chiksana, District Bharatpur for offence under Sections 302, 436, 34, 120-B of I.P.C.

To the mind of this Court, the Bank is only to perform a ministerial task subject to directions in the application. To the further mind of this Court, it would be appropriate that the Intending Purchaser who also stands to be affected qua its liquidify position arising out of the present crisis be given the opportunity to ventilate views before the Hon'ble Court as early as possible.

On the other hand, the present crisis also affects the functioning of the Free School which is claimed to be surviving on the interest earned out of the said Fixed Deposits paid by the Intending Purchaser, as well as the ability of the Trustees to quickly find a new purchaser. Therefore, having regard to the interests of all under the present conditions of a pandemic as well as the balance of convenience, it is directed for the present that the Intending Purchaser shall not insist on the Refund of the Fixed Deposits/Consideration Money till normalcy returns. The Intending Purchaser shall, on the return of normalcy, write to the Learned Receiver invoking the Refund. On receipt of such 4 communication the Learned Receiver shall take apropo steps, including seeking a time limit from the appropriate Court.

1. Leave granted.

2. This appeal challenges the judgment and order dated 12.2.2019 passed by the High Court1 dismissing Letters Patent Appeal No.97 of 2019 1 The High Court of Delhi at New Delhi 2 Civil Appeal No.2379 of 2020 (arising out of SLP (C) NO.5269 of 2019) BCH Electric Limited Vs. Pradeep Mehra and thereby affirming the decision of the Single Judge of the High Court in Writ Petition No.10318 of 2017.

3. By Trust Deed executed on 19.03.1979 between the appellant, a company registered under the Indian Companies Act, 1956 on one hand and three trustees on the other, an “Approved Gratuity Fund” was constituted “for the purpose of providing Gratuities to the employees of the Company under the Payment of Gratuity Act, 1972 (hereinafter referred to as ‘the Act’) and the Gratuity Scheme of the Company”.

1. Leave granted.

2. This appeal arises out of the final judgment and order dated 14.12.2018 passed by the High Court1 in Writ Petition (Civil) No.2730 of 2018 preferred by the appellant herein.

3. The facts leading to the filing of this appeal, in brief, are as under:-

1

High Court of Delhi at New Delhi CIVIL APPEAL NO. 2377 OF 2020 (@ SLP (C) NO.1169 OF 2019) VODAFONE IDEA LTD (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.) 2 A] The appellant-Vodafone Idea Ltd. (earlier known as Vodafone Mobile Services Ltd or VMSL for short) is engaged in providing telecommunication services in different circles.

1. This contempt petition has been filed by the original plaintiff (in CS(OS) No. 2041/2013 filed in High Court of Delhi at New Delhi1), under Article 129 of the Constitution of India read with Sections 12 and 14 of the Contempt of Courts Act, 1971 2 and read with Rule 3 of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975 3 in reference to the order dated 22.2.2019 passed by this Court in SLP(C) Nos. 5147/2019 Signature Not Verified and 5350/2019, which reads thus: ­ Digitally signed by DEEPAK SINGH Date: 2020.05.06 16:03:17 IST Reason:

1 For short, “the High Court” 2 For short, “the 1971 Act” 3 For short, “the 1975 Rules” 2 “We are not inclined to interfere with the Special Leave Petition.

Let this matter be listed in the first week of June, 2020 on a date to be fixed by the Registry. On the next date so fixed, this matter will be taken up for its disposal.

JUDGE Comparing Assistant

List for Admission after two weeks on a date to be fixed by the Registry.

Interim order is extended till the next date.

Page No.# 2/2 JUDGE Comparing Assistant

2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge.

3. Learned counsel for the applicant has not appeared.

Page No.# 2/2

4. List on 11.05.2020.

5. It is made clear that in case counsel for the applicant does not appear on the next date of listing, the case is likely to be decided on the basis of available record and on hearing the learned counsel for the prosecution.

6. Learned counsel for the applicant be informed accordingly telephonically.

7. Let copy of this order be provided under the signature of the Court Master.

CM.APPL.10636/2020 (exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(C) 3055/2020 & CM APPL.10635/2020 (for interim relief)

1. The petitioner seeks issuance of a writ of certiorari, quashing the disciplinary proceedings, pending against him for over 7 years as on date, on, inter alia, the ground that he has been acquitted in the criminal proceedings initiated against him on the same charge. It is W.P. (C) No.3055/2020 Page 1 of 4 pointed out that, on the ground of pendency of the aforesaid disciplinary proceedings, the petitioner's request for being permitted to voluntarily retire from service, was also been rejected vide communication dated 12th December, 2019.

1. This writ petition is filed by the petitioner seeking to impugn the show cause notice dated 15.09.2014, the demolition order dated 29.04.2015, the order of the ATMCD dated 10.08.2016 and the order of the Appellate Authority dated 10.08.2018.

2. The case of the petitioner is that the property bearing No. 8770/14B, Shidi Pura, Karol Bagh, Delhi (measuring 85 sq. yards) was purchased by Late Sh.Prem Nath Shrama, husband of the petitioner on 20.09.1982. Prior to the said property, he had also purchased the adjacent property bearing No. 8771/14 B (measuring 160 sq. yards) on 28.10.1972. Sh. Prem Nath Sharma died on 11.05.1996. Pursuant to a Will, the petitioner became the absolute owner of the two properties.

HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J. (JUDGMENT)

1. This Writ Petition is filed seeking appropriate order for setting aside the sealing order dated 5.1.2019 and a direction to deseal the premises being Khasra No.257, Village Siraspur, Delhi.

2. The case of the petitioner is that since 1988 the petitioners have been enjoying the property and spending huge amounts on the same. In 2011 a threat was extended to dispossess the petitioners without following due process of law. The petitioner thereafter filed three separate Writ Petitions which were disposed of by this court on 22.2.2011 directing the petitioners to file appropriate petition for declaration of their rights with respect to the land in their possession. The respondent/Gaon Sabha were permitted to file W.P.(C) 1355/2019 Page 1 of 7 ejectment proceedings against the petitioner and till disposal of the ejectment proceedings protection was given to the petitioner.

2. This writ petition, preferred under Section 482 of the Code of Criminal Procedure, 1973 read with Article 226 of the Constitution of W.P. (Crl.) 787/2020 Page 1 of 8 India, seeks quashing of FIR 319/2020, dated 20th April, 2020, registered against the petitioners at PS Moti Nagar. The FIR alleges that the petitioners have committed offences under Sections 188/269/186/353/332/506 read with Section 34 IPC.

3. The recital of the facts in the FIR may be summarized thus. At 5 PM on 20th April, 2020, one Rahul (Petitioner No.2 herein), who was known to the complainant Head Constable (HC) Rishi Kumar, and was a "bad character" of the area, was seen loitering in the area without wearing a mask, in violation of the Compliance Advisory issued by the Central Government in the wake of the COVID-19 pandemic. On the complainant intercepting Rahul and querying him in that regard, Rahul retorted that the complainant had no right to stop him from walking in the area without a mask. On the complainant attempting to control Rahul, with the assistance of Const. Pravin, Rahul caught hold of the collar of the shirt being worn by the complainant and tore the shirt. Rahul is also alleged to have assaulted Constable Pravin, by kicking him. During the melee, Rahul's brother Sundar (Petitioner No.1 herein) arrived at the spot, and joined Rahul in assaulting the complainant, by administering kicks and blows. It is further alleged that they also bit the complainant on his wrist, resulting in his bleeding profusely. Thereafter, it is stated that Rahul and Sunder were taken into custody and FIR was lodged as noted above.

2. Summons in the present suit were issued on 24th October 2014 and vide order dated 3rd April 2018, following issues weresettled: -

i. Whether the plaintiff is entitled to a money decree against the defendant, if so for what amount? OPP ii. Whether the plaintiff is entitled to interest, if so at what rate and for what period? OPP iii. Relief.

3. Briefly stated, case of the plaintiff is that he is a duly registered Class- I contractor, under the name Bharat Construction Company, a CS(COMM) 719/2017 Page 1 of 18 proprietorship firm with the Municipal Corporation of Delhi. The plaintiff was awarded construction work of outfall drain from A-74, Phase-I, Naraina Industrial Area to DTC Nallah at Loha Mandi Naraina in Karol Bagh Zone vide work order No. EE-Project Karol Bagh/SYS/2011- 2012/14 dated 10th February 2012. The contractual amount of the work was Rs. 4,05,26,960 and the time for completion was of 6 months.

1. The present petition under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking immediate relief for the Rohingya families living in three different settlements in Delhi (i.e. Khajuri Khas, Shram Vihar and Madanpur Khadar) on the ground that they have been denied relief under the various relief packages announced by the Government of Delhi to combat the COVID-19 pandemic.

W.P.(C) 3063/2020 Page 1 of 3

4. Learned counsel for petitioner states that despite order dated 11th May, 2018 passed by the Supreme Court in W.P.(C) 859/2013, the respondent has failed to provide basic amenities such as safe drinking water, sanitation, medical aid and education for their children. The relevant portion of the order dated 11th May, 2018 passed in W.P.(C) 859/2013 is reproduced hereinbelow:-

1. The petitioner has preferred the present writ petition to assail the notice/ result dated 21.05.2019 published by the Registrar General, Delhi High Court, whereby the candidature of the petitioner for Delhi Judicial Services-2018 (in short, 'DJS 2018') under the category of Persons with Disabilities (PwD) was rejected on account of his mental disability not being found to be permanent W.P.(C.) No.5948/2019 Page 1 of 50 in nature. For this, the Disability Certificate issued by the All India Institute of Medical Sciences, Delhi (in short 'AIIMS') has been relied on by the respondent.

2. Briefly stated that the facts of the present case are as follows:

Heard learned counsel for the parties.

This criminal appeal under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 05/03/2020 passed by VI Additional Sessions Judge, Guna, whereby applicants have been convicted under Sections 452 and 323/34 (2-counts) of IPC to undergo 1-1 year and 3-3 months alongwith fine of Rs. 1000/-, and Rs. 500/- each respectively with default stipulation.

Also heard on I.A. No.2537/2020, an application under THE HIGH COURT OF MADHYA PRADESH Cr.R-1428-2020 (PAPPU @ VIRENDRA YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH) Section 397(1) of Cr.P.C. for suspension of jail sentence on behalf of the applicants.

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Applicant has been arrested on 13.2.2020 by Police Station Crime Branch, Gwalior in connection with Crime No.30 of 2020 registered in relation to the offence punishable u/S.411 and 414 of IPC.

It is submitted by the counsel for the applicant that allegation of misappropriation of amount of Rs.2 crore has been levied against the present applicant. It is submitted that the amount was being taken for depositing in the bank and belonged to M/s Gupta Traders which is corroborated from daily cash summary annexure P/2. Dinesh Gupta is the proprietor of the firm. The investigation in the matter is over and the charge sheet has been filed. The offence does not carry punishment for more than three years and the offences alleged against the applicant are 2 THE HIGH COURT OF MADHYA PRADESH MCRC.11826.2020.

In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.

Applicant has been arrested on 12.1.2020 by Police Station Pahadgarh district Morena in connection with Crime No.133 of 2019 registered in relation to the offence punishable u/S.326, 147, 148, 149, 336, 323, 324, 325, 294 and 506 of IPC.

Heard the learned counsel for the parties. The applicant has filed this first application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Maharajpura, District Gwalior in connection with Crime No.162/2020 registered in relation to the offence punishable under Section 49(A) of Excise Act.

It is alleged by the counsel for the applicant that 5 liters of country made liquor is said to have been seized from the present applicant. He was not arrested on the spot. Investigation is over in the matter and charge sheet has been filed on 23.3.2020. He is in custody since 12.03.2020 and prays for grant of bail.

Per contra, counsel for the State has opposed the bail application submitting that the report from the FSL has been received and the liqour seized from the present applicant was found to be 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13147/2020 (Batri Khan vs. State of M.P.) harmful for human consumption. However, factum of completion of investigation and filing of charge sheet could not be disputed. There is no criminal history of the present applicant.

Heard the learned counsel for the parties. The applicant has filed this first application u/S 439 Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Dinara, District Shivpuri in connection with Crime No.56/2020 registered in relation to the offence punishable under Section 34(2) of the Excise Act.

It is alleged by the counsel for the applicant that as per prosecution case, 63 bulk litres of illicit country made liquor has been seized from the possession of the present applicant. Investigation is over in matter and charge sheet has been filed. He is in custody since 10.03.2020. The applicant undertakes to abide by any condition, which may be imposed by this Court and there is no possibility of his absconding or tampering with the prosecution case. He further submits that looking to the pandemic situation of COVID- 2

Heard the learned counsel for the parties. The applicants have filed this first application u/S 439 Cr.P.C. for grant of bail. The applicants have been arrested by Police Station Pohari, District Shivpuri in connection with Crime No.83/2020 registered in relation to the offence punishable under Section 34(2) of Excise Act.

It is alleged by the counsel for the applicants that 90 litres of liquor has been seized from the possession of the applicants. They are in custody since 2.4.2020. It is further submitted that there is no criminal history against the present applicants.

Per contra, counsel for the State has opposed the bail application.

The Supreme Court by order dated 23-3-2020 passed in the case of IN RE : CONTAGION OF COVID 19 VIRUS IN 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13180/2020 (Mukesh Rai & Ors. vs. State of M.P.) PRISONS in SUO MOTU W.P. (C) No. 1/2020 has directed all the States to constitute a High Level Committee to consider the release of prisoners in order to decongest the prisons. The Supreme Court has observed as under :

Heard learned counsel for the parties.

This criminal appeal under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 16/03/2020 passed by the Sessions Judge, Sheopur, whereby applicant No. 1 has been convicted under Sections 452 and 325, 323/34 of IPC undergo 6 months, 6 months and 1 months and applicant No. 2 and 3 have been convicted under Sections 452 and 325/34, 323 of IPC to THE HIGH COURT OF MADHYA PRADESH Cr.R-1583-2020 (RAMCHARAN GURJAR AND OTHERS Vs THE STATE OF MADHYA PRADESH) undergo 6 months, 6 months and 1 months alongwith fine of Rs.2000/-, Rs. 3000/- and Rs. 1000/- each respectively with default stipulation.

Heard learned counsel for the parties.

This criminal appeal under Section 397 and 401 of Cr.P.C. assails the judgment of the trial Court dated 13/03/2020 passed by Sessions Judge, Guna, whereby applicant has been convicted under Sections 452 and 323 of IPC to undergo six months and three months alongwith fine of Rs. 500/-, 00/- respectively with default stipulation.

THE HIGH COURT OF MADHYA PRADESH Cr.R-1601-2020 (LALARAM Vs THE STATE OF MADHYA PRADESH) Also heard on I.A. No.2869/2020, an application under Section 397(1) of Cr.P.C. for suspension of jail sentence on behalf of the applicant.

Learned counsel for the applicant submits that he has been falsely implicated in the matter. Applicant was on bail during trial and he has not misused the said liberty of bail. Hearing of this revision will take sometime, and therefore, the suspension of the jail sentence be suspended and he be released on bail by way of suspension of sentence.

In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.

Present appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter would be referred as "the Act") against the order dated 16.3.2020 passed by Special Judge (Atrocities Act) Gwalior whereby the application of the appellant under Section 439 of Cr.P.C seeking bail has been rejected. Appellant is in custody since 7.3.2020 in connection with Crime No. 14 of 2020 registered at Police Station Hastinapur district Gwalior for the offence punishable under Sections 363, 366, 376 and 34 of IPC and 3 (1) (w) (ii), 3 (2) (va) of the Atrocities Act.

2. The case of prosecution against the appellants, in short, is that Vijay Pratap Singh (PW-9) while posted as S.H.O. of Police Station, Kotwali, Shahdol received information on 10/04/2007 that one Ravi Sharma alias Gudda is dealing with fake Indian currency notes and he is coming at bus stand with fake currency notes. SHO- Vijay Pratap Singh called two Panch witnesses Chandrakant Soni (PW-10) and Md Jakir khan (PW-3). and after informing them recorded the said information in Rojnamcha Sanha (Ex.P/1) and moved to spot along with panch witnesses, ASI Pradeep Dwivedi (PW-8), Constable Arvind Pyasi (PW-7), Swatantra Singh, Arvind Dubey, Mahesh Yadav, Satya Narayan (PW-4), Rahees Khan, Pramod Pandey, Shailendra Chaturvedi and driver Chandra Prakas in Government Vehicle No.M.P.03 5682 3 and recorded that outgoing in Rojnamcha Sanha (Ex.P/31).

2. The facts of the case of prosecution, in short, is that the applicant-Shobharam, at the relevant point of time, was posted as Secretary of Village Panchayat, Jainabad and applicant-Suresh was Panch of Village Panchayat, Jainabad. 200 quintal wheat and 100 quintal rice was allotted to Village Panchayat, Jainabad for distributing among labour workers engaged under Village Employment Scheme. Rice was entrusted to the applicants to distribute the same, however, instead of distributing the rice to the labour worker, both applicants conspired with other co-accused and tried to sell out that wheat and rice to one Dilip Jain. Concerned authority after receiving the information, seized the truck and registered FIR for the offence under Section 406, 409, 420 of IPC and after investigation, charge sheet was filed. Learned trial Court i.e. the Court of JMFC, Burhanpur in Criminal Case No.592/2005 framed charges against the 3 applicants for the offence punishable under Sections 409, 420, 414 read with Section 511 of IPC.

Law laid down Significant Para Nos.

Reserved on : 04.02.2020 Delivered on : 08.05.2020 (O R D E R) With the consent of learned counsel for the parties, since pleadings are complete, the matter is heard finally.

2. Heard on the question of admission.

3. This petition is under Article 226 of the Constitution of India. By the instant petition, the petitioner is claiming that he was working as 2 W. P. No. 1763/2020 Chairman/President of Municipal Council, Khandwa, by virtue of his election and certificate issued by the Returning Officer on 04.12.2014. The tenure of the President in the Municipal Council is over and the respondents/State is inclined to appoint an Administrator who is a Government Officer.

8

W. P. No. 6095/2020

12. The Commissioner, vide order dated 28.02.2020, has finally decided the appeal and set-aside the order of the Collector holding that the petitioner is not entitled to get the ten marks of BPL because admittedly, the name of her husband was not there in the BPL list before the date of issuance of the advertisement, but it was added only on the last date of submitting the applications i.e. 20.07.2015, whereas the advertisement was issued on 07.07.2015. The Commissioner, therefore, observed that if the ten marks of BPL card are deleted from the total marks awarded to the petitioner, then her total marks adds up-to 61, whereas respondent No.5 secured 64.50 marks and as such, she secured first position in the list and the Commissioner directed the Project Officer, Integrated Child Development, Sidhi, to issue order of appointment in favour of respondent No.5 cancelling the appointment order of the present petitioner.

2. The case of prosecution against the appellants, in short, is that Vijay Pratap Singh (PW-9) while posted as S.H.O. of Police Station, Kotwali, Shahdol received information on 10/04/2007 that one Ravi Sharma alias Gudda is dealing with fake Indian currency notes and he is coming at bus stand with fake currency notes. SHO- Vijay Pratap Singh called two Panch witnesses Chandrakant Soni (PW-10) and Md Jakir khan (PW-3). and after informing them recorded the said information in Rojnamcha Sanha (Ex.P/1) and moved to spot along with panch witnesses, ASI Pradeep Dwivedi (PW-8), Constable Arvind Pyasi (PW-7), Swatantra Singh, Arvind Dubey, Mahesh Yadav, Satya Narayan (PW-4), Rahees Khan, Pramod Pandey, Shailendra Chaturvedi and driver Chandra Prakas in Government Vehicle No.M.P.03 5682 and recorded that Ravangi(outgoing) in Rojnamcha Sanha (Ex.P/31).

2. The case of prosecution against the appellant, in short, is that on 28/11/2018 father of the Prosecutrix (PW2) lodged a missing report bearing No.54/2018 (Ex.P/4) at Police Station Industrial Area, Satlapur to the effect that he is residing in a rental house of Jumman, opposite to Tapti School, Satlapur having six daughters, elder one prosecutrix aged about 12 years 10 months is studying in Class-8 th in Megha Vidya Mandir, not found in the house since morning also alleged some jewallary, ATM and money are missing. Placed a doubt on Appellant Neelesh Ahirwar who residing in the same building .

3

3. On the basis of said missing report, case of missing person (Ex.P/5) and first information report (Ex.P/6) for the offence punishable under Section 363 of IPC registered against suspicious Neelesh Ahirwar at Crime No.325/2018. The matter was taken into investigation. After recovering Prosecutrix she was sent for medical examination, report Ex.P/13 had been obtained. Statement under Section 161 of Cr.P.C. of the prosecutrix were recorded and on her statement, accused were arrested. On the basis of the statement recorded under Section 161 of Cr.P.C., Sections 376, 506 and 120-B of IPC were added in the case against the accused/appellant and other co accused Bablu. Medical examination report of the appellant is Ex.P/11. Forensic Science Laboratory, Sager report Ex.P/22 received in this regard. After completion of investigation, charge sheet was submitted before the competent Court against the appellant along with co-accused Bablu Ahirwar.

-------------------------------------------------------------------------------------------

Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 07.5.2020

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with crime No.189/2020 registered at Police Station City Kotwali, Distt. Raigarh Chhattisgarh for the offence punishable under Section 34(2) & 59(A) of the Chhattisgarh Excise Act.

2. Case of the prosecution, in brief, is that 10 bulk liters of illicit liquor was seized by the police from the present applicant.

3. Learned counsel for the applicant submits that the applicant is in detention since 17.4.2020 He further submits that applicant has no criminal background and has been falsely implicated in the case, and therefore, the applicant may be released on bail. 2

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 10.04.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 23.04.2019, which was decided by the FAA vide order dated 09.05.2019, upholding the PIO's reply.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on her telephone number: 87xxxxxx25 and submitted that her husband passed away in 1997. Since her son was only few months old at the time of her husband's death, compassionate appointment was sought only when he attained 18 years. But respondent denied the benefit of compassionate appointment since the appellant had approached the respondent after a gap of 20 years. Since the appellant claims she is not in receipt of the proper pension amount and the benefit of compassionate appointment has also been denied by the respondent, the family is facing a financial crisis. Hence, she sought the aforementioned information by filing the instant case. Decision:

(1) Have MHA or DoP&T issued any order to revise Pay Scale of all eligible serving and Pensioners by lmplementing Hon'ble Delhi High Court Order on WP (C) 3549/2018 dated 1/5/19 CAPFs including BSF?

(2) ln this regard, has MHA given any decisions, or guidelines to BSF to Revise the Pay Scale of all eligible Personnel who completed 20 year of services by 2OL2 on the basis of above HC order? (3) Has BSF Challenged above HC Verdict before Hon'ble Supreme Court? lf so what consequence? (4) ls grant of MACP according to above Court Order only limit to Sunil Kumar Tyagi or similarly placed Personnel in BSF? What action is being taken by MHA in this regard?

PIO/DIG(Confd) vide reply dated 20.11.2019 denied disclosure of information citing the exemption under Section 24 of the RTI Act, 2005, whereby the respondent organization did not fall within the purview of the RTI Act, unless the information pertained to allegations of Corruption and Human Rights Violations.

1. Category-wise cut-off marks of the result declared on 16.04.2019;

2. Marks obtained by the appellant in written examination and candidates with what score have been selected from Rajasthan OBC quota;

3. On what basis will be candidates selected from among the 447 candidates finalized for medical examination.

PIO/DIG, CISF denied disclosure of information invoking Section 24 of the RTI Act, vide reply dated 12.06.2019.

Aggrieved with denial of information, the appellant filed a First Appeal dated 01.07.2019, which was decided by the FAA vide order dated 04.07.2019, reiterating the stance taken by the PIO.

Dissatisfied with denial of information, the appellant filed the instant Second Appeal before the Commission.

PIO/BSF communicated rejection of the RTI application invoking Section 24 of the RTI Act, vide online reply dated 17.12.2019. Meanwhile, the appellant had filed a First Appeal dated 16.12.2019, which was not adjudicated.

Aggrieved by denial of information, the appellant filed the instant Second Appeal before the Commission.

Proceedings during hearing:

Due to nation-wide lockdown being observed, to prevent the spread of the pandemic of COVID-19, hearings are being conducted through audio conference.

The Appellant participated in the hearing on being contacted on his telephone number: 96xxxxxx14 and reiterated the facts of the case stating that he is aggrieved on being denied any information about the marks obtained by him.