Uncategorized – TS Law Chambers https://tslawchambers.com Tue, 20 Jan 2026 11:05:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://tslawchambers.com/wp-content/uploads/2022/02/cropped-fevi-icon-32x32.png Uncategorized – TS Law Chambers https://tslawchambers.com 32 32 Delhi HC directs release of delinquentjuvenile in robbery case https://tslawchambers.com/delhi-hc-directs-release-of-delinquent-juvenile-in-robbery-case/ https://tslawchambers.com/delhi-hc-directs-release-of-delinquent-juvenile-in-robbery-case/#respond Wed, 09 Mar 2022 08:40:56 +0000 https://tslawchambers.com/?p=9843

New Delhi, Dec 22 (PTI) The Delhi High Court on Wednesday directed
the release on bail of a juvenile in conflict with law who, the Delhi
Commission for Protection of Child Rights (DCPCR) alleged, was in
illegal custody.
A bench headed by Justice Vipin Sanghi, while dealing with the
Commission’s habeas corpus petition, directed that the child be released
upon his mother furnishing the requisite bail bond and directed the
state to file a status report.
“Upon the mother of the juvenile furnishing the bail bond (in terms
of the bail order), the child in conflict with law be released today,”
ordered the bench also comprising Justice Jasmeet Singh.
Lawyer Vrinda Grover, appearing for DCPCR, claimed that the child
was granted bail in November but continued to be in custody due to
non-fulfilment of bail conditions.
“I’m from the poorest section of the society. I can’t meet the bail
conditions,” said the lawyer who contended that the bail conditions
should be modified to his benefit.
The counsel appearing for the Delhi State Legal Service Authority
informed the court that the juvenile in question would be released as
his mother was already in the process of tendering a bail bond.
He added that there was a delay in the case on account of a
difference in opinion between the principal magistrate and two social
worker members of the Juvenile Justice Board.
In the petition filed through lawyer Tushar Sannu, DCPCR stated that
the child, aged 16 years, was taken in custody in October for the alleged
offence of robbery under the Indian Penal Code and was granted bail
by the JJB on November 29.
It stated that even after the child could not meet the conditions of the
bail order, his bail conditions were not modified and was once again
sent back to Observation Home in December.
“The child in conflict with Law was to be produced before the
Juvenile Justice Board V (JJB-V) by 05.12.2021 (i.e. within 7 days of order
of bail dated 29.11.2021) for modification of bail conditions. However,
the child was not produced on 5th December, 2021 and was instead
produced before the JJB-V with a further delay of 8 days i.e. on
13.12.2021.
“That on 13.12.2021, upon the child being produced before the
Juvenile Justice Board-V, instead of modification of bail conditions that
could easily be met, the child victim was rather once again sent back to
Observation Home without modifying the conditions of the bail,” the
petition stated.
DCPCR claimed that the Juvenile Justice Act left no scope of
discretion and it was mandatory for the JJB to modify the bail
conditions in favour of the release of the juvenile.
“The Commission being the statutory body for promoting, preserving
and protecting the rights of the children, unwilling to turn blind eye to
this miscarriage of justice, files this petition on the behalf of the child,”
the petition said.
In the petition, DCPCR has prayed for the issuance of “broad
guidelines to be followed when deciding the bail application of a child
in conflict”.
The matter would be heard next on December 24. PTI ADS SMN
SMN

]]>
https://tslawchambers.com/delhi-hc-directs-release-of-delinquent-juvenile-in-robbery-case/feed/ 0
Jawan’s salary deducted as per guidelines, says SashastraSeema Bal in response https://tslawchambers.com/jawans-salary-deducted-as-per-guidelines-says-sashastraseema-bal-in-response/ https://tslawchambers.com/jawans-salary-deducted-as-per-guidelines-says-sashastraseema-bal-in-response/#respond Wed, 09 Mar 2022 08:34:09 +0000 https://tslawchambers.com/?p=9836

SSB added that as per the CGHS standards, Kumar was given the reimbursement
amount of Rs 6 lakh against the bill of Rs 11 lakh post-treatment.
S ashastra Seema Bal (SSB) in response to allegations made by a 30-year-old jawan –
accusing it of illegally deducting his salary to recover the loan taken from the welfare
fund – said that the deductions were made according to the set guidelines.
It quoted from minutes of the 24th governing body meeting held in January 2015, which
unanimously decided that if an individual receives his medical reimbursement from the
department, the amount of advance from the central welfare fund should be recouped in
total, not in installments.
It added that as per the CGHS standards, Kumar was given the reimbursement amount of
Rs 6 lakh against the bill of Rs 11 lakh post-treatment. It added that the hospital that
Kumar took treatment from was neither a government hospital nor an empanelled private
one.
SSB also brushed aside Kumar’s claim that no facility was available in AIIMS or any other
empanelled hospital in Delhi for the complex kidney transplant that he had taken
treatment for from Sir Ganga Ram Hospital.
Manish Kumar had recently moved Delhi High Court through advocate Tushar Sannu
against the 85 per cent deduction from his salary which had made it impossible for him to
fend himself and his family.
He claimed that as a result of getting posted in high altitude regions, his health
deteriorated and his kidney was damaged.

]]>
https://tslawchambers.com/jawans-salary-deducted-as-per-guidelines-says-sashastraseema-bal-in-response/feed/ 0
Man moves court over privacy breach by doctor https://tslawchambers.com/man-moves-court-over-privacy-breach-by-doctor/ https://tslawchambers.com/man-moves-court-over-privacy-breach-by-doctor/#respond Wed, 09 Mar 2022 08:23:22 +0000 https://tslawchambers.com/?p=9828

The petitioner, a student of BA (Hons) in Psychology at Delhi University, was taking treatment from
a doctor at a private hospital from June 15, 2019, and alleged that the latter compromised his
privacy.
The Delhi High Court on Friday sought working status of mental health boards in the city after a
man said there is no authority to consider his complain against a psychiatrist, who told her mother
about his homosexuality in breach of his privacy and confidentiality.
Justice Prathiba M Singh asked the State Mental Health Authority (SMHA), represented by
advocate Tushar Sannu, to file status reports on the current functioning of the Mental Health
Review Board (MHRB), SMHA and its members, on the plea by a 19-year-old man who was taking
treatment from a psychiatrist after being diagnosed with Obsessive Compulsive Disorder (OCD) in
2016.
The petitioner, a student of BA (Hons) in Psychology at Delhi University, was taking treatment from
a doctor at a private hospital from June 15, 2019, and alleged that the latter compromised his
privacy.
During the course of his session with the doctor on that day, where he was present on his own, he
claimed that he informed her that he was exploring his sexual orientation. He said that he
categorically told the doctor that he was fearful of his parent’s reaction and the consequences if he
told them about it.
Following this, on June 29, 2019, he was referred to a clinical psychologist for cognitive
behavioural therapy. While starting weekly sessions with the clinical psychologist, he would
periodically discuss his progress with the psychiatrist.
In July 2019, the man turned a major and the plea contended that the doctor never insisted him to
bring his parent prior to this. During a session on August 3, 2019, when the man was accompanied
by his mother, the doctor had a private conversation with his mother, the details of which were not
divulged to him.
During the subsequent session on September 14, 2019, the doctor allegedly informed him that
based on her conversation with his mother; she also believed that his parent would not accept a
non-normative sexual orientation. In June 2020, while the man was again accompanied with his
mother, the doctor reportedly had a lengthy private conversation with his mother once again.
On June 25, 2020, the man reportedly got to know that the doctor revealed his sexual orientation
to his mother. The plea claimed that during the course of the conversation between the man’s
mother and the doctor on June 20, 2020, his mother made a specific enquiry regarding his sexual
orientation and the doctor divulged the details that had been confidentially communicated to her by
the petitioner, despite knowing that he did not want to tell his parent about the same.
The plea said that the man was still exploring his sexuality, and had informed the doctor in
complete confidence about this. Anticipating his parent’s likely adverse reaction, the plea further
pointed out that the man needed sufficient time before he could talk about his sexuality with them.
“The process of coming out, that is, of informing others about one’s sexual orientation, gender
identity, or both, which may include one’s family, friends and colleagues, is a deeply personal
experience with profound implications on an individual’s life and safety. A person’s sexual
orientation and gender identity are intimate aspects of their life and the decision to discuss this
with others rests entirely with that person alone….,” the plea read.
On Friday, advocate Mihir Samson, appearing for the petitioner, told the court that he had written to
the private hospital to take action against the erring doctor, though the request was not
entertained. He said that he wanted to complain to the MHRB, since it has been the authority of
the second instance.
However, due to the failure of the Delhi government to implement the Mental Health Care Act,
2017, the state authority set up under the repealed Mental Health Act, 1987, continues to operate
as the SMHA for Delhi under the 2017 Act, as well as the MHRB which is entirely contrary to the
scheme of the Act, he submitted.
While the Delhi government, represented by advocate Devesh Singh sought time to seek
instructions, Sannu, appearing for the SMHA, disputed the submission of the petitioner. He said
that both the authorities are working even though there is a temporary arrangement in place.
He said that retired district and sessions judge Subash Goel was currently presiding over the
MHRB, adding that action will be taken against the doctor if a complaint is filed with the doctor.
Following this, the court asked him to file status reports and posted the matter for hearing on July
22

]]>
https://tslawchambers.com/man-moves-court-over-privacy-breach-by-doctor/feed/ 0
PIL challenges rules excluding lawyers from appointmentto tribunals; HC seeks Centre stand https://tslawchambers.com/pil-challenges-rules-excluding-lawyers-from-appointmentto-tribunals-hc-seeks-centre-stand/ https://tslawchambers.com/pil-challenges-rules-excluding-lawyers-from-appointmentto-tribunals-hc-seeks-centre-stand/#respond Wed, 09 Mar 2022 07:47:47 +0000 https://tslawchambers.com/?p=9810

The Delhi High Court Monday asked the Centre to reply to a PIL which has challenged the rules
for appointing of judicial members in tribunals alleging that they bar advocates from applying.
A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the ministries of
finance, law and justice and personnel seeking their stand on the plea by a lawyer who has also
challenged the recent advertisement inviting applications for judicial members in the Central
Administrative Tribunal (CAT).
Advocate Tushar Sannu, appearing for the petitioner-lawyer Arun Kumar Panwar, urged the
court to pass an interim order allowing lawyers to apply for the post of judicial members in CAT
as the last date for doing so is August 21.
The court, however, declined to pass any interim order at this stage and listed the matter for
hearing on September 7.
During the hearing, Additional Solicitor General Chetan Sharma said the rules have also been challenged in the Supreme Court and are pending adjudication there.
Panwar has challenged the constitutional vires of the Tribunal, Appellate Tribunal and other
Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules 2020,
which were notified in February, claiming that they exclude lawyers from being considered for
appointment to the posts of judicial members.
The petition, filed through Sannu and advocate Ankita Bhadouriya, has contended that with the
framing of the rules all the advocates who have put in years of practice in law would not be able
to become judicial members in any tribunal.
The petition also brought to the attention of the bench a Madras High Court order of July 31
directing the Centre to accept the applications of advocates, who claim to be eligible for
appointment to the post of Presiding O�icer of Debt Recovery Tribunal.
The petition has also said that the Kerala High Court on July 27 issued notice to the Centre in a
writ petition challenging the exclusion of lawyers in the selection for the post of judicial
members in the CAT.
Panwar has said in his plea that earlier under the Administrative Tribunals Act an advocate
having 10 years practice in the High Court can be appointed as a judicial member as he is
qualified to be appointed as a judge of a High Court.
Under the newly framed rules, this position has changed and now only a High Court judge,
including those retired, or a person who was District Judge for 10 years or a person who was
Secretary for one year in the Department of Legal A�airs or Additional Secretary for two years
are eligible to be judicial members of a tribunal, the petition has said.
“Thus, the lawyers with more than 10 years of practice who could be appointed as the judicial
member of the tribunal are completely excluded. Instead the same is now reserved for a
government secretary having one year in the Department of Legal A�airs or Additional Secretary
for two years in the Department of Legal A�airs,” it has said.
It has also said that a person can be appointed as a Chairman of the tribunal if, he is or has been
the judge of a High Court or has for a period of not less than three years held the o�ice as
administrative member or judicial member in the CAT.
“Thus, a government secretary on getting an appointment as a judicial member and continuing
as three years can become the Chairman. At the same time a High Court judge appointed as a
judicial member has to continue as a judicial member under the above, said person as
Chairman.
“Thus a High Court judge will be constrained to function as a judicial member under the Chairmanship of a government secretary who functioned for one year (in Department of Legal
A�airs),” the petition has said.

]]>
https://tslawchambers.com/pil-challenges-rules-excluding-lawyers-from-appointmentto-tribunals-hc-seeks-centre-stand/feed/ 0