100 Important Judgments Of Delhi High Court In 2023 [Part I]

LiveLaw reported 1357 judgments from Delhi High Court in 2023. Here are some of the important decisions:

1. 'Cannot Overlook Rights Of Accused Or Convict': Delhi High Court Asks Trial Court Judges To Show Sensitivity Towards Undertrials

Title: MR. SAAD AHMED SIDDIQUI (IN J.C.) & ORS. v. THE STATE (GOVT. OF NCT OF DELHI)

Citation: 2023 LiveLaw (Del) 12

The Delhi High Court has advised trial court judges to pay “special attention” and “show sensitivity” in cases where accused persons are languishing in jails as undertrials and also where they may be rendered remediless.

Justice Swarana Kanta Sharma observed that although criminal courts are duty bound to consider rights of the victim, they cannot overlook or brush aside the rights of an accused or a convict.

2. Delhi High Court Dismisses PIL Seeking Constitution Of 'Politically Neutral Body' For FCRA Implementation

Title: ASSOCIATION FOR DEMOCRATIC REFORMS & ANR v. UNION OF INDIA

Citation: 2023 LiveLaw (Del) 24

The Delhi High Court dismissed a public interest litigation seeking constitution of an independent and "politically neutral body" for implementation of Foreign Contribution (Regulation) Act to avoid misuse of law by the executive.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad pronounced the decision. The plea was moved by the Association for Democratic Reforms and Dr. E.A.S. Sarma, former Secretary to the Government of India in 2015.

3. Paramilitary Forces Are Armed Forces Of Union, Old Pension Scheme Applicable To Personnel Of All CAPFs: Delhi High Court

Title: PAWAN KUMAR AND ORS

Citation: 2023 LiveLaw (Del) 29

The Delhi High Court has ruled that the benefit of Old Pension Scheme (OPS) in accordance with CCS (Pension) Rules, 1972 shall be applicable for all the personnel of Central Armed Police Forces and directed the Centre to issue necessary orders within eight weeks.

The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, in its decision on a batch of 82 petitions seeking quashing of orders denying the benefit of OPS to personnel of CRPF, BSF, CISF and ITBP, said the notification dated 22.12.2003 as well as OM dated 17.02.2020 granting the benefit of Old Pension Scheme "shall be applicable in rem."

4. Delhi High Court Rejects Plea Seeking Review Of Judgment Dismissing PIL Against CJI Chandrachud's Appointment

Title: SANJEEV KUMAR TIWARI v. UNION OF INDIA AND ORS

Citation: 2023 LiveLaw (Del) 44

The Delhi High Court rejected a plea seeking review of a judgment dismissing the public interest litigation that had last year challenged the appointment of Chief Justice of India DY Chandrachud.

A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan observed that the petition was an appeal “disguised as a review” and it did not fall within the four corners of review.

5. Pathaan Movie: Delhi High Court Directs Yash Raj Films To Prepare Audio Description, Subtitles For Hearing & Visually Impaired People

Title: AKSHAT BALDWA & ORS. v. YASH RAJ FILMS

Citation: 2023 LiveLaw (Del) 48

The Delhi High Court directed Yash Raj Films to prepare audio description, close captioning and subtitles in Hindi language for the OTT release of its upcoming movie Pathaan to make it accessible for hearing and visually impaired persons.

Justice Prathiba M Singh directed the producer Yash Raj Films to prepare audio description, close captioning and subtitles of the movie within two weeks and submit it to Central Board of Film Certification (CBFC) for a decision on re-certification by February 20. The court directed that a decision on recertification of the film be taken by March 10.

6. Foreigners Can Register Marriages Under Special Marriage Act, Delhi Govt Must Take Steps To Amend Guidelines: High Court

Title: ARUSHI MEHRA & ANR. v. GOVT. OF NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 53

The Delhi High Court has observed that there is no requirement of “at least one party being a citizen of India” for solemnization and registration of marriage of a couple under the provisions of Special Marriage Act, 1954.

Justice Prathiba M Singh noted that section 4 of the enactment leaves no doubt that any two persons can seek solemnization of their marriage so long as conditions stipulated in the provision are fulfilled.

7. Not Allowing Student To Take Board Exams On Ground Of Non Payment Of Fees Violative Of Article 21: Delhi High Court

Title: PSV v. THE INDIAN SCHOOL & ANR

Citation: 2023 LiveLaw (Del) 61

The Delhi High Court has observed that barring a student from taking examinations on the ground of non-payment of fees would be infringement of rights of a child as guaranteed under Article 21 of the Constitution of India.

Justice Mini Pushkarna observed that a child's future cannot be allowed to be spoiled and blemished by barring him or her from taking examinations, especially at a crucial juncture of class X and XII examinations.

8. No Requirement Of Birth Certificate To Prove POCSO Victim's Age, Any School Certificate Sufficient Evidence: Delhi High Court

Title: SURJEET KUMAR v. STATE

Citation: 2023 LiveLaw (Del) 66

The Delhi High Court has said that there is no requirement of a birth certificate to prove the age of the victim and that any school certificate is sufficient evidence to prove the victim's age.

Justice Jasmeet Singh made the observation while perusing section 94(2)(i) of the Juvenile Justice (Care and Protection of children) Act, 2015 which provides for presumption and determination of age.

9. Don't Disclose Identity Of Minors Seeking Termination Of Pregnancy In Report To Police: High Court Directs Delhi Govt To Issue Circular To Doctors

Title: N v. Principal Secretary Health and Family Department GNCTD & Ors.

Citation: 2023 LiveLaw (Del) 75

The Delhi High Court directed the Delhi Government to issue a circular directing that the identity of a minor girl, who is seeking medical termination of her pregnancy, and her family shall not be disclosed in the report prepared by registered medical practitioners (RMP) to the police.

Section 19(1) of POCSO Act provides mandatory reporting of child sexual offences to the Special Juvenile Police Unit or the local police.

10. Enforcement Directorate Can Only Investigate Money Laundering Offence, Can't Assume Commission Of Predicate Offence: Delhi High Court

Title: M/S PRAKASH INDUSTRIES LIMITED v. UNION OF INDIA AND ANR.

Citation: 2023 LiveLaw (Del) 79

The Delhi High Court has observed that Enforcement Directorate (ED) can only investigate the offence of money laundering and cannot assume, from the material gathered by it during investigation, that a predicate offence stands committed

Emphasising that the Prevention of Money Laundering Act, 2002 empowers the ED to investigate offences under Section 3 only, Justice Yashwant Varma said:

“Its power to investigate and enquire stands confined to the offence of money laundering as defined in that Section. However, the same cannot be read as enabling it to assume from the material that it may gather in the course of that investigation that a predicate offense stands committed. The predicate offence has to be necessarily investigated and tried by the authorities empowered by law in that regard.”

11. In Rape Cases With Pregnancy Exceeding 24 Weeks, Produce Victim Before Medical Board On Same Day: Delhi High Court Issues Guidelines To Police

Title: MINOR R THR MOTHER H v. STATE NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 85

The Delhi High Court has issued guidelines to the Investigating Officers to be followed in rape and sexual assault cases where victim's pregnancy exceeds 24 weeks.

Justice Swarana Kanta Sharma directed that at the time of medical examination of a victim of sexual assault, it will be mandatory to conduct a “Urine Pregnancy Test”.

12. Consider Designing Health Insurance Products For Persons With Hearing Disability: Delhi High Court To IRDAI

Title: NEERAJ MEHTA & ANR. v. TATA AIG GENERAL INSURANCE COMPANY LTD & ORS.

Citation: 2023 LiveLaw (Del) 110

The Delhi High Court has asked the Insurance Regulatory and Development Authority of India (IRDAI) to consider "the manner in which products" of health insurance policy "can be designed for persons with hearing disabilities and implants."

Justice Prathiba M Singh said that IRDAI, while submitting its position to the court, shall consider the existing policies and guidelines as may be applicable to persons with disabilities.

13. Children Being Forced To Work In Factories Right Under Nose Of Govt, Police: Delhi High Court, Orders Inspection Of Units Employing Child Labourers

Title: BACHPAN BACHAO ANDOLAN v. GNCTD & ORS

Citation: 2023 LiveLaw (Del) 116

The Delhi High Court has ordered that a committee be constituted in each district for inspection of the premises where units are employing child labourers, and called for a status report regarding the action taken.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that under the supervision of Chief Secretary of Delhi, the Deputy Commissioner of Police of each District in coordination with the Department of Labour, Women and Child Welfare Department, and the Municipal Corporation of Delhi are directed to form such committees. 

14. Virginity Test Is Sexist, Can't Be Performed On Female Accused In The Name Of Finding Truth: Delhi High Court

Title: SR. SEPHY v. CBI & ORS.

Citation: 2023 LiveLaw (Del) 127

Calling it a form of “inhuman treatment”, the Delhi High Court on Tuesday held that conducting virginity test on a female detainee or accused under investigation is unconstitutional and in violation of her right to dignity enshrined under Article 21 of the Constitution of India.

Justice Swarana Kanta Sharma held that virginity test is “sexist” and violates human right to dignity of a female accused if she is subjected to such a test while being in custody.

Observing that the test is neither modern nor scientific but is rather “archaic and irrational”, the court said that modern science and medical law disapproves the conduct of such tests on women.

15. In Camera Proceedings Can Be Allowed Under Section 151 CPC In Appropriate Cases: Delhi High Court

Title: TARU PURI v. ANMOL SHEIKH ALIAS MALAIKA & ORS.

Citation: 2023 LiveLaw (Del) 137

The Delhi High Court has observed that in-camera proceedings can be allowed to be held in appropriate cases under section 151 of Code of Civil Procedure, 1908.

Justice Chandra Dhari Singh observed that merely because there is no express provision in CPC regarding in-camera proceedings does not mean that such proceedings cannot be allowed by court.

16. Foreign National Cannot Claim Vested Or Constitutional Right To Be Appointed As Guardian Of Person With Disabilities: Delhi High Court

Title: SUNIL PODAR v. THE NATIONAL TRUST FOR WELFARE OF PERSON WITH AUTISM, CEREBRAL PALSY, MENTAL RETARDATION AND MULTIPLE DISABILITIES AND ANR.

Citation: 2023 LiveLaw (Del) 145

The Delhi High Court has observed that a foreign national cannot claim a vested or constitutional right to be appointed as guardian of a person with disabilities.

A division bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma was hearing a plea moved by a father whose adopted son has "severe mental retardation" with disability certified to be 90% disability. 

17. Prisoners Have Fundamental Right To Get Compensation For Work Related Injuries Suffered In Jail: Delhi High Court Issues Guidelines

Case Title: VED YADAV v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 158

The Delhi High Court has issued a slew of guidelines for cases where an inmate or convict sustains work related injuries in prison, observing that there is no monitoring or remedial mechanism available to address such cases.

Justice Swarana Kanta Sharma observed that when there is no employee or employer relationship between prisoners and jail authorities, such inmates must be provided protection and remedies for work related injuries as the Constitutional vision does not permit any citizen to be left remediless for availing compensation for injuries even as a prisoner.

18. Accused Not Entitled To Copy Of Public Prosecutor's Report At Time Of Extension Of Remand Under UAPA: Delhi High Court

Title: MOHD. MANAN DAR v. NATIONAL INVESTIGATION AGENCY and other connected matters

Citation: 2023 LiveLaw (Del) 178

The Delhi High Court on Friday held that the report of Public Prosecutor is not required to be provided to the accused at the stage of grant of extension of remand for continued investigation under section 43D(2) of UAPA.

A division bench of Justice Mukta Gupta and Justice Anish Dayal however said that when the accused is produced to inform him about the extension of period of investigation based on Public Prosecutor's report, “the accused cannot be a silent spectator” and the Special Court would be required to take into consideration, submissions on behalf of the accused, while examining the report regarding progress of investigation and the reasons for seeking further detention.

19. National Security At Heart Of Agnipath Scheme, Fitter Force Needed Against Border Skirmishes: Delhi High Court

Title: HARSH AJAY SINGH v. UNION OF INDIA AND ORS and other connected matters

Citation: 2023 LiveLaw (Del) 184

Upholding the union government's Agnipath scheme for the armed forces, the Delhi High Court on Monday said it can conclusively state that the scheme was made in national interest to ensure that armed forces are better equipped.

Referring to the skirmishes on the borders, the division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that such transgressions exacerbate the need to have a leaner and fitter Armed Force which is capable of handling the mental and physical distress that accompanies service in the Armed Forces. 

20. Judges Must Exercise Control And Caution While Passing Strictures Against Investigating Authorities: Delhi High Court

Title: SANJAY KUMAR SAIN v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 192

The Delhi High Court has said that judges must exercise more control and caution while passing strictures against investigating authorities and police officers on their professional capabilities since it may impair a person's confidence and have a negative impact on work and reputation.

Justice Swarana Kanta Sharma observed that a thin wall that exists between adjudicatory liberty to point out the flaws in an investigation or on authorities and the obligation to exhibit judicial restraint must be kept in mind.

21. Denial Of Admission Under EWS/DG Category Despite Allotment By DoE Violative Of Child's Fundamental Right Under Article 21A: Delhi High Court

Title: ARTH LAKRA (MINOR) v. INDRAPRASTHA WORLD SCHOOL AND ANR.

Citation: 2023 LiveLaw (Del) 197

The Delhi High Court has said that denial of admission by a school under EWS/DG category despite allotment by Directorate of Education (DoE) “frustrates the noble objective” of Right to Education Act, 2009 and violates fundamental rights of such children under Article 21A of Constitution of India.

Justice Mini Pushkarna made the observation while allowing the plea of a minor child seeking directions for admission in Indraprastha World School under the EWS/DG category. The school had denied the admission, saying that the child's residence is not within the distance of one kilometre radius from the school.

22. Undertake Special Recruitment Drive To Fill Up Vacancies For PwDs: High Court Directs Delhi Govt

Title: NATIONAL FEDERATION OF THE BLIND v. GOVT. OF NCT OF DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 209

The Delhi High Court has directed Chief Secretary of the Delhi Government to undertake a special recruitment drive for filling up backlog of vacancies for persons with disabilities(PwDs) in various departments or establishments in a time bound manner.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also set out a time schedule to be followed by the Delhi government to carry out the special recruitment for filling up the vacancies.

23. Restricting Right To Information Only To Citizens Contrary To Constitution, RTI Act; No Absolute Bar On Disclosure To Foreigners: Delhi High Court

Title: A S RAWAT v. DAWA TASHI

Citation: 2023 LiveLaw (Del) 230

Observing that restricting the right to information only to citizens would be contrary to the Constitution of India and Right to Information Act, the Delhi High Court has ruled that Section 3 of the RTI Act would have to be read as a "positive recognition of the right in favor of citizens but not as a prohibition against non-citizens."

“Considering that the RTI Act also accords information relating to life or liberty an important and distinct position, it would be inherently contradictory to hold that only citizens are entitled to the Right to Information. Life or liberty could also relate to non-citizens including foreigners, NRI's, OCI card holders and such other persons,” Justice Prathiba M Singh ruled.

24. 'Woman's Consent To Stay In A Man's Company No Basis To Infer She Also Consented To Sexual Liaison': Delhi High Court

Title: SANJAY MALIK @ SANT SEVAK DAS v. THE STATE & ANR.

Citation: 2023 LiveLaw (Del) 234

The Delhi High Court has said that merely because a woman consents to be in the company of a man, “regardless of for how long”, can never be the basis to infer that she had also consented to “sexual liaison” with him.

Observing that a distinction needs to be articulated between a prosecutrix “consenting to a situation” vs. “consenting to sexual liaison,” Justice Anup Jairam Bhambhani said:

“Though it is universally accepted that consent given under force, coercion or duress is no consent in law since it is not free or volitional, in many cases it is necessary to examine consent in a more granular manner, with the awareness that substantivity of consent may also be vitiated by several other circumstances that erode the freedom of choice. Several circumstances, including emotional exploitation, may vitiate the substantivity of consent.”

25. Private Schools Dependent On Fee Collected By Them, Maintaining Surplus Can't Be Construed As Commercialization Of Education: Delhi High Court

Title: MAHAVIR SR. MODEL SCHOOL AND ANR. v. DIRECTORATE OF EDUCATION

Citation: 2023 LiveLaw (Del) 239

Observing that private unaided schools are entirely dependent on the fee collected by them, the Delhi High Court on Wednesday ruled that planning and maintaining a surplus by such schools, per se, cannot be construed as commercialisation of education.

Emphasising that it is important for private unaided schools to maintain a surplus for further development and honing of their educational facilities and services, Justice Sanjeev Narula said:

“The right of unaided schools to determine fee to be charged from students cannot be faltered purely only on account of presence of reasonable surplus in their books of account.”

26. No Place For Violent Action To Resist Govt Policy In Democracy: Delhi High Court Frames Charges Against Sharjeel Imam, Others In Jamia Violence Case

Title: State v. Mohd. Qasim & Ors.

Citation: 2023 LiveLaw (Del) 272

While framing charges of rioting and unlawful assembly against Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in 2019 Jamia violence case, the Delhi High Court has observed that protest by violent means can never be part of democracy.

“Though, in a democracy, there can be no question of dissent being suppressed or fundamental right of freedom of expression by peaceful means being infringed, however, at the same time, there is no place of violent collective action to register one's anguish against ideological differences or resistance to a Government policy,” Justice Swarana Kanta Sharma observed.

27. Peeping Inside Washroom When Woman Is Taking Bath Amounts To Invasion Of Privacy, Will Attract Offence Of Voyeurism: Delhi High Court

Title: SONU@BILLA v. STATE, THROUGH SHO, PS PASCHIM VIHAR EAST

Citation: 2023 LiveLaw (Del) 291

The Delhi High Court has observed that if a man peeps inside the washroom when a woman is taking bath, it will amount to invasion of her privacy and also attract the offence of voyeurism.

Justice Swarana Kanta Sharma said that taking bath in a bathroom by any person, whether a male or a female, is essentially a “private act” as it is taking place inside the four walls of the bathroom.

28. Delhi High Court Upholds Validity Of Notifications Banning Manufacture & Sale Of Chewing Tobacco Products, Sets Aside Single Bench Ruling

Title: COMMISSIONER (FOOD SAFETY), GNCTD v. SUGANDHI SNUFF KING PVT. LTD. AND ORS. and another connected matter

Citation: 2023 LiveLaw (Del) 299

The Delhi High Court set aside a single judge verdict which had quashed various notifications issued by Delhi Government's Commissioner of Food Safety prohibiting the manufacture, storage, distribution or sale of Gutka, Pan Masala, flavoured tobacco and similar products in the national capital.

Upholding the validity of the notifications, a division bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma allowed the appeals moved by Delhi Government and Union of India's Ministry of Health and Family Welfare.

29. Look Into Anomalies In Maintaining 'Asla Registers' In Police Stations: Delhi High Court To Commissioner Of Police

Title: SURENDER KUMAR MATHUR v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 301

The Delhi High Court has asked the Commissioner of Delhi Police to look into the anomalies in maintaining the “Asla registers”, which contain details of issuance and return of arms, in all the police stations.

A division bench of Justice Mukta Gupta and Justice Poonam A. Bamba passed the order while setting aside the conviction and sentence of rigorous imprisonment for life awarded to a policeman for murdering one Jai Kumar.

30. Delhi High Court Upholds Notifications Levying GST On Auto Rikshaw, Bus Services Booked Through Apps Like Uber, Ola

Title: UBER INDIA SYSTEMS PRIVATE LIMITED v. UNION OF INDIA & ANR and other connected matters

Citation: 2023 LiveLaw (Del) 307

The Delhi High Court upheld the validity of notifications issued by the Union of India levying goods and services tax (GST) on auto rickshaw and bus services booked through e-commerce platforms like Ola and Uber.

A division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that the notifications do not create an unreasonable classification on the basis of the “mode of booking” availed by the consumers and are not violative of Article 14 and 21 of the Constitution of India.

31. Victim Of Sexual Offences Has Right To Be Heard At Every Stage But No Requirement In Law To Implead Her As Party Respondent: Delhi High Court

Title: SALEEM v. THE STATE OF NCT OF DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 325

The Delhi High Court has held that there is no requirement in law to implead the victim of sexual offences as a party to any criminal proceedings instituted by the State or the accused.

Justice Anup Jairam Bhambhani referred to the recent judgment of the Supreme Court in Jagjeet Singh & Ors. v. Ashish Mishra @ Monu & Anr. and said that a victim now has an “unbridled participatory rights” in all criminal proceedings but that, in itself, is no reason to implead the victim as a party in the matter, unless otherwise specifically provided in Code of Criminal Procedure.

32. 'Need For Safe Womb For Female Foetus': Delhi High Court Issues Directions For Effective Implementation Of PCPNDT Act

Title: MANOJ KRISHAN AHUJA v. STATE OF NCT OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 341

The Delhi High Court has passed a slew of directions for effective implementation of the Pre-conception & Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, observing that there is a need for a “safe womb for female foetus.”

Observing that the enactment has to be implemented with greater care and utilised by those who are affected, Justice Swarana Kanta Sharma said:

“Sex-determination based abortion is a powerful method of perpetuating gender inequalities. The restriction of access to foetal sex information is directly related to the problem of misogyny, which affects women of all socioeconomic backgrounds not only in this country but globally as well. The purpose of controlling knowledge of sex or gender is to protect expectant women and their unborn child. Despite the fact that sex-selective abortion may not be immediately apparent in the present act, its primary objective is to address this issue.”

33. Using Celebrity Names, Images For Art Or Satire Permissible Under Freedom Of Speech And Expression; Won't Infringe Right Of Publicity: Delhi High Court

Title: DIGITAL COLLECTIBLES PTE LTD AND ORS. v. GALACTUS FUNWARE TECHNOLOGY PRIVATE LIMITED AND ANR.

Citation: 2023 LiveLaw (Del) 345

The Delhi High Court has observed that the use of celebrity names or images for art, satire, news or music would be permissible as a facet of the right of freedom of speech and expression under Article 19(1)(a) of Constitution of India and would not infringe the celebrity's right of publicity.

Observing that the right of publicity cannot be seen as an absolute right in India in the absence of a specific legislation, Justice Amit Bansal said:

“Intellectual property rights, such as trademarks, copyrights and patents, that have a statutory basis in India, are also not absolute rights. The extent of these rights is defined by the statute and the statute itself provides defences or exemptions. Even in jurisdictions where right to publicity is recognized as a statutory right, such as the U.S., the statute itself provides exemptions or defences.”

34. 'Internet Never Forgets': Delhi High Court Issues Directions To Authorities To Prevent Dissemination Of 'Non-Consensual Intimate Images'

Title: MRS X v. UNION OF INDIA AND ORS

Citation: 2023 LiveLaw (Del) 346

The Delhi High Court issued a slew of directions to the Union Government, Delhi Police and social media intermediaries to deal with cases concerning dissemination of content relating to “non-consensual intimate images” on the internet and to ensure that they are dealt in a manner that minimizes the victim's trauma and resolves the problem expeditiously.

Observing that the “internet never forgets,” Justice Subramonium Prasad said that once such content is uploaded on the internet, it becomes exceptionally difficult to control its spread.

35. Religious Feelings Can't Be So Fragile To Be Hurt Or Provoked By An Individual's Speech: Delhi High Court Quashes Summons Against Raj Thackeray

Title: SWARARAJ @ RAJ SHRIKANT THAKERAY & ANR. v. STATE & ANR.

Citation: 2023 LiveLaw (Del) 351

Observing that religion and faith are not as fragile as human beings, the Delhi High Court observed that religious feelings and sentiments cannot be so fragile to be hurt or provoked by a speech of an individual.

“…I am of the view that India is a country which is unique due to various religions, faiths and languages which co exist with side by side. Its unity lies in this coexistence. Religious feelings and religious sentiments cannot be so fragile as to be hurt or provoked by a speech of an individual,” Justice Jasmeet Singh said. 

36. Minor's Passport Can Be Issued Without Father's Name, Depending Upon Circumstances: Delhi High Court

Title: SMITA MAAN AND ANR. v. REGIONAL PASSPORT OFFICER

Citation: 2023 LiveLaw (Del) 359

The Delhi High Court has observed that the passport of a minor child can be issued without the biological father's name under “varying circumstances” and that such a relief depends upon the “facts of each case.”

Emphasising that no hard and fast rule can be applied in such cases, Justice Prathiba M Singh said that the Passport Manual of 2020 and the official memorandum issued by Union Ministry of External Affairs on February 28 last year recognise that passports can be issued under different circumstances without father's name.

37. Mandatory Reporting Provisions Of POCSO Act Override Restrictions Imposed Under Section 198(1), 198(3) Of CrPC: Delhi High Court

Title: INDEPENDENT THOUGHT v. UNION OF INDIA & ANR.

Citation: 2023 LiveLaw (Del) 380

The Delhi High Court has held that Section 19 read with Section 21 of the POCSO Act, which provide for mandatory reporting of the offences under the enactment, shall override the restrictions imposed under Section 198(1) read with Section 198(3) of Cr.P.C.

A division bench of Justice Manmohan and Justice Saurabh Banerjee also said that there is no distinct category within child victims of rape as those who are married and those who are not.

38. Adolescent Love Can't Be Controlled By Courts, Judges Have To Be Careful In Granting Or Denying Bail In POCSO Cases: Delhi High Court

Title: MAHESH KUMAR v. STATE (NCT OF DELHI)

Citation: 2023 LiveLaw (Del) 386

The Delhi High Court has said that “adolescent love” cannot be controlled by courts and judges have to be careful while rejecting or granting bail in such cases depending on facts and circumstances of each case.

Observing that teenagers who “try to imitate romantic culture of films and novels” remain unaware about the laws and age of consent, Justice Sawarana Kanta Sharma said:

“This Court also observes that the attitude towards early love relationships, especially adolescent love, has to be scrutinised in the backdrop of their real life situations to understand their actions in a given situation.”

39. Family Court Must Step In When Wife Seeks Help For Procuring Evidence To Prove Husband's Adultery, Right To Privacy Not Absolute: Delhi High Court

Title: SA v. MA

Citation: 2023 LiveLaw (Del) 390

The Delhi High Court has observed that a wife can seek production of evidence or documents to prove the charge of adultery levelled by her against the husband in a divorce petition before family court and same will be in consonance with section 14 of Family Courts Act.

“….when a wife seeks the help of the Court for procuring evidence which would go a long way to prove adultery on the part of her husband, the Court must step in; this would be in consonance with Section 14 of the Family Courts Act which gives a leeway to the Court to consider evidence which may be not admissible or relevant under the Indian Evidence Act,” Justice Rekha Palli said.

40. Formulate Programme To Educate Teenagers About Criminality Of Posting Intimate Content Online Without Consent: Delhi High Court To DSLSA

Title: SAKIB AHMED v. STATE NCT OF DELHI

Citation: 2023 LiveLaw (Del) 396

The Delhi High Court has asked the Delhi State Legal Services Authority to formulate a programme to educate students, potential vulnerable victims and teenagers about criminality of posting intimate content on social media platforms without consent of the person concerned.

Justice Swarana Kanta Sharma noted that in a large percentage of cases of sexual assault before the court, victims have alleged that inappropriate videos or photographs are made by one of the parties and minor girls are sexually abused under threat about posting them on social media.

41. Court Should Incline Towards Considering Lower Side On Margin Of Error When Bone Ossification Test Opines Child Victim's Age Between 15-17 Yrs: Delhi HC

Title: RAJU YADAV v. STATE OF NCT OF DELHI and other connected matter

Citation: 2023 LiveLaw (Del) 407

The Delhi High Court has observed that where the bone ossification test for determining age of a child victim under the POCSO Act opines the age between 15 to 17 years, the court should incline towards considering the lower side on the margin of error.

Observing that such an approach would be in consonance with the objectives of POCSO Act, Justice Jasmeet Singh observed:

“…the Supreme Court in Jarnail Singh case has only leaned towards the benefit of the lower age side to both the child in conflict with law and the minor victim under the POCSO Act. Hence, I am of the view that for determining the age of a child victim under the POCSO Act, where the bone ossification opines her age between 15-17 years, the inclination of the Court should be towards considering the lower side on the margin of error.”

42. IP University Affiliated Private Colleges Can't Charge Higher Fee From Students Admitted Through 10% Management Quota Seats: Delhi High Court

Title: VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES- TECHNICAL CAMPUS v. GOVT. OF NCT OF DELHI & ORS. and other connected matters

Citation: 2023 LiveLaw (Del) 412

Observing that malpractices and backdoor entry into admissions in professional courses is not unknown in society, the Delhi High Court has said that transparent and merit based admission process needs to be encouraged as it encourages students to work hard and “realise their potential in their academic pursuits.”

Justice Purushaindra Kumar Kaurav said that such a process also ensures that the “brightest and most talented students” are given the opportunity to study in educational institutions, which promotes excellence.

43. Delhi High Court Constitutes 5-Member Committee For Efficient Implementation Of National Rare Diseases Policy

Case Title: Master Arnesh Shaw v. Union of India & Anr.

Citation: 2023 LiveLaw (Del) 417

The Delhi High Court has constituted a five-member committee so that the National Policy for Treatment of Rare Diseases, 2017 can be implemented in an efficient manner and also to ensure that its benefits reach the ultimate patients.

Justice Prathiba M Singh said that there is a need for certain urgent steps to be taken in close coordination between the medical community, providers of therapies for rare diseases and the Governmental agencies.

44. Application For Drawing Sample U/S 52A Of NDPS Act Should Be Made Within 72 Hours, Can't Be Moved At Whims And Fancies Of NCB: Delhi High Court

Title: KASHIF v. NARCOTICS CONTROL BUREAU

Citation: 2023 LiveLaw (Del) 418

The Delhi High Court has said that the application for drawing sample of a narcotic drugs or psychotropic substance before the concerned Magistrate under section 52A of NDPS Act should be made within 72 hours.

Justice Jasmeet Singh observed that such an application cannot be moved at the “whims and fancies” of Narcotics Control Bureau, being the prosecuting agency.

45. Delhi High Court Issues Guidelines For Drafting Mediation Settlement Agreements In Matrimonial Cases, Says Prepare In Hindi Also

Title: SH. CHHATTER PAL & ORS. v. STATE & ANR.

Citation: 2023 LiveLaw (Del) 422

The Delhi High Court has issued a slew of guidelines to be followed by the mediators while drafting settlement agreements in matrimonial cases and said that such agreements must also be published in Hindi language, in addition to English.

Justice Swarana Kanta Sharma observed that the guidance needed by mediators to draft agreements with a degree of coherence, consistency, and unambiguity will come a long way in “healing the lives of those in need” by immediately putting an end to a dispute and further insulating them from future litigation.

46. Govt Employee Should Not Be Denied Medical Reimbursement For Emergency Treatment Merely Due To Non-Empanelment Of Hospital: Delhi High Court

Title: UNION OF INDIA & ANR. v. SHRI. JOGINDER SINGH

Citation: 2023 LiveLaw (Del) 427

The Delhi High Court has ruled that the medical claim of a government employee for reimbursement of treatment undertaken in emergency should not be denied merely because the hospital was not empanelled with CGHS facility.

A division bench of Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta observed that the test would be to see whether the claimant had actually undertaken the treatment in emergent condition as advised and if the same is supported by record. 

47. Delhi High Court Rejects Former IPS Officer Satish Chandra Verma's Plea Against Dismissal Order

Title: Satish Chandra Verma v. UOI & Ors.

Citation: 2023 LiveLaw (Del) 437

The Delhi High Court upheld the order of the Union Government dismissing Gujarat IPS Officer Satish Chandra Verma, who probed Ishrat Jahan encounter case, one month before his retirement.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Sachdeva dismissed the pleas moved by Verma against his termination.

48. Delhi High Court Dismisses PIL Challenging Notifications Allowing Exchange Of ₹2000 Notes Without ID Proof

Title: Ashwini Kumar Upadhyay v. Union of India & Ors.

Citation: 2023 LiveLaw (Del) 454

The Delhi High Court dismissed a public interest litigation challenging Reserve Bank of India and State Bank of India's notifications that permit exchange of Rs. 2000 currency notes without requirement of any identity proof.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad rejected the plea moved by BJP leader and Advocate Ashwini Kumar Upadhyay. 

49. Women Can't Be Forced To Choose Between Right To Education And Reproductive Autonomy: Delhi High Court

Title: RENUKA v. University Grants Commission and Anr.

Citation: 2023 LiveLaw (Del) 458

Observing that women cannot be forced to choose between their right to education and right to exercise reproductive autonomy, the Delhi High Court has granted relief to a female candidate seeking relaxation of her attendance for completing Master of Education (MEd) course after having been denied maternity leave.

“The Constitution envisaged an egalitarian society where citizens could exercise their rights, and the society as well as the State would allow the manifestation of their rights. A compromise was then not sought in the Constitutional scheme. The citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy,” Justice Purushaindra Kumar Kaurav said.

50. Delhi High Court Quashes BCI's Decision Refusing Enrolment To South Korean Citizen As Advocate With BCD, Orders Processing Of Application

Title: Daeyoung Jung v. Bar Council of India & Anr.

Citation: 2023 LiveLaw (Del) 462

The Delhi High Court quashed the Bar Council of India's decision refusing to consider a South Korean citizen as eligible for enrolment as an advocate with Bar Council of Delhi. The foreign national had moved to India with his parents at the age of 11 and lived here continuously till he graduated from NALSAR University in 2016. 

[Part II to be released soon]