5 Important Delhi High Court Judgments Decided Today [Monday, October 8, 2018]

1. Fatima Nafees v. State

Writ of Habeas Corpus - Student of M. Sc (Bio-Technology) at the Jawaharlal Nehru University - Special Investigation Team (SIT) - Court has monitored the investigation of the CBI up to the stage where the CBI is in a position to file a report before the concerned criminal Court. What should happen hereafter is for the concerned criminal Court to decide and not this Court. Consequently the prayer of the Petitioner that the Court should constitute an SIT and monitor its work, thus removing the CBI from the picture, has to be declined.

2. Rajiv @ Monu v. State of Nct of Delhi

Indian Penal Code, 1860 - Section 120A - Definition of Criminal Conspiracy - a criminal conspiracy is hatched in secrecy and prosecution cannot be burdened to establish the same with direct piece of evidence. The prosecution can discharge its onus by relying upon the circumstances to establish the existence of criminal conspiracy, however, the circumstances relied upon by the prosecution have to be of a definite character which unerringly point towards guilt of the accused. In the case of criminal conspiracy, the court has to infer certain facts and circumstances. In considering the question of criminal conspiracy, it is not always possible to give affirmative evidence about the date of formation of conspiracy, about the persons who took part in the formation of conspiracy, about the object which the conspirators set before themselves as the object of conspiracy and the manner in which the object of conspiracy was to be carried out. All this is necessarily a matter of inference. It is not necessary that there should be an express proof of the agreement, as from the acts and conduct of the parties, the agreement can be inferred.

3. Pearl Developers v. Universal Land and Finance Co

Arbitration and Conciliation Act, 1996 - Sections 34 and 37 - the credibility of the arbitration process and the soundness of decisions rendered by arbitrators not only depends on their capability and acumen, but also the willingness that they display in following the discipline of the law. That dimension was regrettably scarified by the Arbitral Tribunal, which adopted some kind of a priori logic in granting the ₹5 crores to the appellant.

4. Ashwani v. State

Indian Penal Code, 1860 - Sections 392 & 302 r/w. 34 - Reporting to the police - Visit of the crime team - First information - Arrest and search of A1 & A2 - Post mortem - Trial - Defence evidence - Impugned judgment of the trial Court - Law relating to circumstantial evidence - Evidence of last seen - Arrest of the accused, Recoveries, Call Details Records (CDRs), Motive not proved - both the accused are entitled to benefit of doubt as each of the links in the chain of circumstances put forth by the prosecution as constituting a complete chain has not been proved beyond reasonable doubt and in any event these do not point unmistakably to the guilt of the two accused - The impugned judgment of conviction and the order on sentence passed by the trial Court is set aside.

5. Anand Agarwal v. Union of India

Constitution of India - Article 226 - Delhi Special Police Establishment Act, 1946 - Sections 5 and 6 - Extension of powers and jurisdiction of special police establishment to other areas - Consent of State Government to exercise of powers and jurisdiction - Regarding prior sanction having to be taken by the Central Bureau of Investigation (CBI) from the State government prior to investigating an offence in the concerned State - Held, The purpose of the provisions of the DSPE Act is to facilitate the CBI in carrying out its investigations. It would, therefore, be counter-intuitive if the task of the CBI is frustrated beyond the point of practicality. If in every such case the investigation is stalled because of the absence of sanction of a particular State other than the State where the case is registered, then the scheme of Sections 5 and 6 of the DSPE Act and their purpose would be defeated.

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