HIGH COURT OF' DELHI: NEW DELHI

Dated: 1 1-7 - \ 0 From,

The Public Information Officer Delhi High Court New Delhi.

Mr. Deepak Khosla, 2 18, Sector 15-A, Noida-20 130 1

Sub: Your application dated 22.04.2010 received on 07.05.2010 (registered under Dy. No. 292110 dated 07.05.2010), seeking information under Right to Information Act.

Sir.

With reference to your captioned application made to the undersigned seeking informatioil under Right to Information Act, the information asked for is furnished as under:-

S. I lnformation Sought , Nos. 1

1. First, Hon'ble Chief Justice Mr. A. P. Sliah and I the,? Hoa7ble Chief Justice (Acting) Mr. Lokur have constituted a Committee for deliberating upon the issues contained in CWP No. 12787 of 2009 titled "Deepak Khosla Vs. UOI & Ors." (a petition seeking restraint against all persons from interfering in my right to audio-record my court proceedings). Please provide me with a copy of the relevant file noting leading to the constitution of this Committee in its present and all previous avatars insofar as composition of its member is concerned, including the Committee constituted

a) The number of times this Committee has met since its inception,

b) The dates and time of these meetings, 1 c) The names of all the participants, and

2. by Hon'ble Chief Justice Mr. A. P. Shah. Please inform me of:

1 Minutes, file notings, or other written record howsoever this may be described or referred to that shows the deliberations of all these Committee since their inception.

3 .

Hon'ble the then Chief Justice, Mr. A. P. Shah. vide orders dated 28.01.20 10, was pleased to order as under:

d) The hour spent in deliberations. Please provide me with a copy of all the

"For a) Committee of Lokur J & Sen J may be constituted b) J. R. Rules may coordinate with Committee"

Registrar-cum-Secretary to Hon'ble the acting Chief Justice telephonically informed that the committee was reconstituted.

The newly constituted Committee consisted of the following members:

1. Hon'ble Mr. Justice Vikramajit Sen 2. Hon'ble Mr. Justice A. K. Sikri

Under the orders dated 04.03.2010 of Hon'ble the Acting Chief Justice, Hon'ble Mr. Justice Salljay Kishan Kaul was nominated in place of Hon'ble Mr. Justice A. K. Sikri.

Hon'ble the Acting Chief Justice, vide orders 10.03.20 10, was pleased to nominate Hon'ble Mr. Justice Badar Durrez Ahlned in place of Hon'ble Mr. Justice Sanjay Kishan Kaul.

Hon'ble the acting Chief Justice, vide orders dated 15.04.20 10 was pleased to order as under: "The Registry should prepare a brief report.

URGENT F.C. matter"

The matter was laid before Hon'ble the Full Court in its I meeting held on 14.05.2010.

Copies of relevant file notings and minutes of the Full Court meeting (running into 8 pages are enclosed herewith as Annexure-A).

Please provide me with a copy of the file notings, or howsoever such written record may be described or referred to, which sets out and/or relates to the incident that transpired in Court No. 13 on 08.04.2010, from the description of the Court's proceedings prepared by the Ld. Court Master of Court No. 13, to the time of release of the audio-recorder to me on or about 1 3.04.20 1 0.

The requisite record ( 5 pages) is enclosed herewith as Annexure-B.

As per Section 19 of the Right to Information Act, 2005, you are at liberty to file an appeal to the Appellate Authority i.e. Registrar (Admn.), Delhi High Court, New Delhi within thirty days of the issue of this order.

Yours faithfully,

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(P. K. G U ~ ~ A ) PUBLIC INFORMATION OFFICER

Encl: As above (13).

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- ,%." + ,y , " /J: 5" lieccivec1:- Letter dated 27.0 1.20 10 fi-om Mr.Raj iv Balsal, iiclvocate

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Kiiid.ly peruse PU.C.,

. . l t is submitted tllat tliis case relates to Civil Writ Pe l~t io i~

No.12787/2009 titled Deepali IOnosla Vs. Union of Ind-ia & Otliers. liegisti-ar General, elh hi' I-figh Court and ~ e g i s t ~ a r , Delbi I-Iigh Court hzve been impleatled as Respondent Nos.? aild 4 respec.tively in tlie present Writ Petitioli.

The petitioner has intev alia praj~ed,ili tlie said Writ Petition to declare rlrat the petiti oiler is entitled to non-ii~trusively audio-record j.udicia1 proceetlingi that i~ivolve his pal-ticipatioli before this I-1on'ble Court and to so i-ecorcl either by himself or through his Advocate-on-record and to direct liespoiiclerit Nos.3 and 4, the Registrav Gelleva1 alld - h e Registrar of this I-Ioil'ble Court, to not interfere witli the act of non-i~itrusive audio-recording by the petitioner or his advocate-on-1-ecocd ill respect of judicial . proceecli~~gs .

that ilivolve the pe1.itioner. d

6 ".I )I' It is submitted tlia~ notice was issuec; iii tllc sajd Writ kiti ion on 03.1 1.2009 returnable on 25.02.201 0.

I t is submitted that in coinpliasice wit11 orders of I-lon'hle the Chief Justice dated 23.1 1.2009 at page 3 aide, vide this Court's 1ettel'da:ted 27.1 1.2009, W.Rajiv Bansal, ,Advocate, was noininated to contest the m a t h a.nd also to clefend tlle interest of Respondent No.2 i.e. Govel-limelit of Natioiial Capital Territory of Dellii ill tlie said matter. He was filrtlier requested to dl-aft Couiiter Affidavit on behalf of this Court and send tl7e sa.iue to this Court for approval before filing. This letter was followed by vemincler dated 13.0 1.10, vide which tlie leariled Advocate was requested to dra:ft Coyliter Afficlavit om behalf of this Court; at the earliest.

It is submitted 1-hat now M-.Rajiv Bai~sal; Aclvocate, vide his C lett,e; dated 27.01.2010, has requested that exlia~laustive parawise cornrnents

clealilig wit11 eacli aiid very issue raised in the Writ Pelition. be fi~i~iislied to 1

him il~iliiediately so that counter affidavit could be filed in time.

It is sub~ilitted that this iiiatter has also been discuss&cl wit17 Nlx.Rajiv Bai~sal, Advocate who states that on 15.01 2010 rhe I-Ion'hle C O U I ~

ha5 last opportunity to this Court t o file a reply affidavit indicating this Coul-t's s talicl ~vithin four weelts. . The leal-lied Advocate has :fi~~.-t:ller 0ral.1~ advised that a Comixittee of 14oii'ble Judges may be colistit~~ted to coiisicler {:he. matter aiicl fillalise it. Furtlier, .a Registrar of tliis C o ~ u t uiay be nori~i~iated to prepare coi~iiiiei~ts in the ri~atter. . .

It is subinitted tha-t four weelts tilile to file Counter Affidavit in tlie illstant liiatter comes to ail end 011 14.02:2010.. Fultlier, under orders of the Registrar General dated 20.01.2010, Registrar (General-Adiix~.) and Registrar (Appellate) were requested to provide comments in the matter, at

)r tlie earliest.

In view of [he foregoing facts and circuinsta~lces, it is submitted Sor con:;ic,le~-n tion a d orders before I-Ioli'ble the Cliief Justice whether:-

(.> A Columittee of I-Ton'ble Judges may be co~istituled to consider tlne coiltents and prayers inlade in Civil Writ Petition No. 12787/2009 titled Deepalc Iihosla Vs. U~iioli ' of Iliclia & Qtllers ancl finalise t l ~ e stand of this Court so that tlie s a n e ~z?ay be intimabed to the Won'ble Cout-t;.

(13) A11 orficel; oltlie level of Registrar may be liominated to discuss [lie matter wit11 Mi-.Rajiv Bansal, Advocate and prepare para wlse coinll~el~ts in the matter ill consultation with the Registrar (Gelicral-Acll-nn.) and Registrar (Appellate) to wlio~li copy of Wril 19etition has already been suppliecl for prepal-ing con~rz?cnls.

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Hon'ble Mr. Justice Viltra~ilajit Sen

This case relates to consideratiol~ of co~lte~lts and prayers made in Civil Writ Petitio~l No. 1278712009 titled 'Deepak Ihosla Vs. Union of India & Ors.' and finalize the stand of this Court, in the matter".

In Civil Wsit Petition No. 1278712009, the petitioner has inter hlin prayed to declare that the pctilio~lei- is entitled to non-iiitn~sively audio-record judicial proceedi~lgs that i~lvolve his participation bofore tliis Hon'ble Court and to so record either by himself or through his Advocate and to direct Respo~ldeilt ~ 6 s . ' 3 & 4, tlie Registrar Geiieral and the Registrar of this Hon'ble Court, to not interfere with tlie act of aon-intrusive audio-recording by tlie petitioiler or his. Advocate in respect of judicial proceedir~gs'that iilvolves the petitioner. i;

Mr. Rajiv Bmsal, Advocate, has beell ~lom~ilated by this Court, to co~ltcst the inattcr and also defci~d the intercst of Respolidellt No 2 i.e Goverili~leilt of NCT of Dellii.

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1 1 , I , , , ' 011 19.01.2010, wlieii thc matter {ame up for !leasing before {lie Court of Hon'ble 1Mr. Justice S Murlidhar, the Hon'ble Court g b e last opportuiiity to tliis C$LII~ to file a reply affidavit indicating this Court's stand witliiii four week. The said period of four weeks ends 011

14.02.2010.

/ , I I , , ..' l-lon'ble the thcn C11icf Justice, vide orders dated 28.01.2010, was pleased to orders as

unclcr : - "For a) Co~iii~~it tee of Lokur J & Sen J may be coiislituted

b) J.R. Rilles limy cool-dinate with Committee"

On ail applical~on, for esteilsioil of time, the Court of Hon'ble Mr. Justice S. Murlidhar. I t I

1 011 16 02.2010, cxtendcd the tii~le for filing a counter affidavit by six weeks i.e. 06.04.2010.

Now, Registrar-curii-Secretary to Hon'ble tlie acting Chief Justice lias teleplionically i~lfor~iled that the "Committee to collsider tlie conte~its and prayers made in Civil Writ Petitio~i No. 1278712009 titled 'Deepalc Ichosla Vs. Union of Iiidia & Ors.' a11d finalize the stand of this Coui-t, ill the matter" has beell reconstituted.

The ilewly co~istituted Co~~lmittee co~isists of the follou7ing membcrs : 1. Hoil'ble Mr. Justice Viltrailiaj it Sen - C l ~ a i n ~ ~ a r ~ 2. Hon'ble Mr:Justice A.K. Silui - Member

111 view of the above, tlie case is being laid before Hon'ble Mr. Justice Vikramajit Sen, for fixing date and tiilie of tlie illectiilg as may be co~lvellie~lt to their Lordships. 1

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(L.I<. GAUR) Joint Registrar (Rules)

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Hon'ble Mr. Justice A.K. Silcri i l l ' . .t -- ,&;-.LL.A:,> L ~ I LL,:.. {" (,q - b<J ,:-, .."! . I-. 1." .(,-:j LL--.L ,,!7rL, I".\

This case rclatcs to coils~dcrat~on bf coiltents and prayers made in Clvll W ~ i t Petitloll No

1 1278712009 tltlcd 'Dcepak I<llosla Vs lJiiioil of Iildia 8L: Ors ' and final~ze the staiid of this Court,

I r 111 tllc matter". 1 . ; #";."

kt 111 Civil Writ Petition No. 1278712009, the peti~io~ler has inter r~ l iu prayed to declare that the peiitio~ler is entitled to non-i~itmsively audio-record jadjcial proceediilgs that involx~e lzis paitkipation before this Hoa.ble Court and to so record either by himself or through his Advocate and to direct Respondent Nos. 3 62 4, the Registrar Gelicral and the Registrar 09 this Hon'ble Court, to not interrere wit11 tlie act of non-intn~sive audio-recording by tlle petitioner or his Advocate in respect of judicial proceedings that involves the petitioner.

I\/lr. Rajiv Bansal, Advocate, has been lloizlinated by tliis Court, to contest the nlatter and also dcfend the interest of Respoildent No. 2 i.e. Gover~iilment of NCT of Dclhi.

, \

011 15 .()I ,2010, when the matter canle up for llearing before the Court of Hon'ble Mr. Justice S. Murlidhar, tllc Hoa'ble Court gave last opportunity lo this ~ou1'i-t to file a reply affidavit illclicatiilg this Court's staid within four weel<. The said period of four weeks ends 011

14.02.2010.

t-lon'blc the then Chicf Justice, vide orders dated 28.01.2010, was pleased to orders as 8 " under :-

"For a) Co~llmittee of Loltur J & Sen i inay be coiistituted b) J.R. Rules may coordinate with Committee"

(911 an application, for extension of time, the Courl of Hon'ble Mr. Justice S. Murlidhar, on 16.02.2010, cxtended the time for filing a counter affidavit by six weelts i.e. 06.04.2010.

Registl-ar-ciuu-Secretary'to Hon'ble the acting Chief Justice had telephonically inforn~ed that the "Committee to coi~sider the coiltc~lts aiid prayers made ill Civil Writ Petitioii No. 1278712009 titled ' ~ e e p a l ~ ' 1 ~ 1 ~ o s l a Vs. Union of India & Ors.' and fiilalize the stand of tliis Court, ill the matter" has been reconstituted, consistii~g of Hon'ble Mr. Justice Viltrainajit Sen and Hon'ble Mr. Justice A.K. Silcri.

When t11~ ~vatter for fixing the date and time of tlle lneetillg was laid before Hon'ble Mr. Justicc Vilcramajit Sen, Hon'ble Mr. Justice A.K. Silcri was pleased to observe as under :

'It is rcqucsled tllal sollle oher pcrso~~ be noininatcd'

In view of the abovc, the case is being laid before Hon'blc tlie Acting Cllief Justice for reconstituting the "Committee to collsider the contents aid prayers nlade in Civil Writ Petition No. 12787/2009 titled 'Deepalc I<llosla Vs. Unioil of India & Om.' and finalize the stand of this Court, 111 tlie mattcr"

d* h* L . W / / (L.IC. GAUR)

~oi17t Registrar (Rules)

Hon'blc thc Acting Chief Justice

This case relates to consideration of contents and prayers made in Civil W r ~ t Petition No. 1278712009 titled 'Deepak Khosla Vs Union of India 62 Ors ' and finalize the stand ofthis Court, in the matter".

111 Civil Writ Petition No. 1278712009, the' petitioner has ~nter nlra prayed to declare that the petitioner is entitled to non-intlt~sively audio-record judicial proceedings that involve his participation before this Hon'ble Court and to so record either by himself or through his Advocate and to direct Respondent Nos. 3 & 4, the Registrar General and the Registrar of this Hon'ble Court, to not interfere with the act of non-intrusive audio- recording by the petitioner or his Advocate in respect of judicial proceedings that involves the petitioner.

Mr. Rajiv Bahsal, Advocate, has been nominated by this Court, to contest the matter a.nd also defend the interest of Respondent No. 2 i.e. Government of NCT of Dellzi.

F

On 15.0 1.20 10, when the matter came up for hearing before the Court of Hon'ble Mr. Justice S. Murlidhar, the Hon'ble Couit gave last opportunity to this Court to file a reply affidavit indicating this Court's stand within four week. The said period of four weelts ends on 14.02.2010.

Ilon'ble the then Chief Justice, vide orders dated 28 01.2010, was pleased to orders as under .-

"For a) Committee of Loltur J & Sen J may be constituted b) J R. Rules may coordinate with Committee"

011 an application, for extension of time, the Court of I-lon'ble Mr. Justice S. / ; '

I , Murlidhar, on 1602.2010, extellded the time for filing a counter affidavit by six weeks 6.e. 06.04.2010.

Registrar-cum-Secretary to Hon'ble the acting Chief' Justice had telephonically inforined that the "Committee to consider the contents and prayers made in Civil Writ Petition N-o. 1278712009 titled 'Deepalc ~Cho'sla Vs. Union of India & Ors.' and finalize the stand of this Court, in the matter" has been reconstituted, consisting of Hon'ble Mr. Justice Vilcran~ajit Sen and I-Ion'ble Mr. Justice A.K. Siltri.

When the matter for fixing the date and time of the meeting was laid before Hon'ble Mr Justice Viltrainajit Sen, EIon'ble Mr. Justice A X . Siltri was pleased to obs&-ve as under :

'It is requested that seine other person be nominated'

When the matter for reconstituting the Committee was laid before Hon'ble the Acting Chief Justice, his Lordship was pleased to reconstitute the committee as under :

'Sanjay ICishan ICaul, J is nomil~ated in place of A.K. Siltri, J . '

ln cori~pliance with the above said order, the matter was laid before Hon'ble Mr. Justice Vil<ranzajit sen for fixing the date and time of the meeting.

Vide note dated 09.03.2010, P.S. to Hon'ble Mr. Justice Sanjay Icishan Kaul illformed that since his Lordship has already recused himself li-om rnatters of the petitioner in WP (C) N o 1273712009 on the judicial side, the case may kindly be placed for reconstitution of the Committee.

111 view of the above, the case is being laid before Hon'ble the Acting Chief Justice fix seconstituLin~ the "Committee to considcr thc contents and prayers made in .

Civil Writ Petition No. 1278712009 titled 'Deepak Ichosla Vs. Union of India & Ors.' and finalize the stand of this Court, in the matter"

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(L K. GACR) Joint Registrar (Rules)

Hon'ble the Acting Chief Justice

Re: T o consider the prayer lliade in WP(C) No. 12787/2009 titled 'Deepak 1<11osJa Vs. Union of India & Ors.' to non-inti-usively audio-record judicial proceedings in this Hon'ble Court and finalize the stand of h i s Court in the matter. ?

In WP(C) No. 12787/2009, Mr. Rajiv Bansal, Advocate, has been no~ninated by this Court, to (;ontest tile matier.

d

Flon'ble the then Chief Justice, vide orders dated 28.01.2010, was pleased to order as under :-

"'For a) Committee of Loltur J & Sen J may be constituted 13) J.R. Rules iiiay coordinate with Committee"

Vide orders dated 10.3.2010 of Hon'ble tlie Acting Chief Justice, the "Committee to consider the coiltents and prayers made in WP(C) No. 1278712009 titled 'Deepak IUlosla Vs. UOI & Ors.' and finalize tlie stand of this Court in the matter" has bee11 ~~econstituted, consisti~ig or Hon'ble Mr. Justice Vil<ramajit Sen and Hon'ble MI.. Justice Badar Durrez Ahmed.

I n compliance with the above said orders, the lnatter was laid before Hon'ble Mr. J~~s t i ce ViI<ramajit sen for fixing the date and time of the meeting.

Registrar-cum-Secretary to Hoii'ble the Acting Chief Justice has infor~lied that Hon'ble hlr.Justice Viltra~najit Sen has recused himself fro111 tliis matter and the 111attcr be laid before Hon'ble the Acting Chief Justice for con side ratio^^.

I t is to be stated that 011 an applicatioli filed for extension of time to file the coi~nter affidavit, 011 08.04.2010, the Court of Hon'ble Mr.Justice S.Muralidliar, has extended the tin-~e for filing the counter affidavit by five weeks and directed the matter to be listed on 01.06.2010. , .

11) this matter, exec~~tive sillillnary of tlie case has been prepared, wl1icl-1 is placed at flag 'Y'.

111 view oC the above, the case is being laid before Hon'bie the Acting Chief Justice for consitleration and further directions.

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(L.K. GAUR) Joint Registrar (Rules)

I-Ion'ble Lhe Acting Chief Justice

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EXTRACTS FROM THE IMINUTES OF THE NIEETING OF THE FILL COURT HELD ON 1 4 ~ ~ MAY, 2010

ITEM NO.

9.

AGEJVDA OF THE NLEETnVG

To consider the prayer made in W.P. (C) No. 1278712009 titled 'Deepak

1 Khosla Vs. Union of India & Ors.', to non-intrusively audio record judicial proceedings in this Hon'ble Court and finalize the stand of this Court in the matter.

Hon'ble Mr. Justice Sanjay Icishan ICaul, Hon'ble Mr. Justice S. Ravindra Bhat and Hon'ble Dr. Justice S. Murlidhar recused.

Considered. It was decided to contest the matter on the judicial side.

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. ,i On 8.4.2010 when l t e r ~ i No.33 [WP (C) No.312787/2009 t it led Deepalt ,I f

I<tjosla Vs. Union of India and Ors. was called"-':out in the morning,

Mr.Deepalc I(hosla, petitioner appeared in person and after making some

submissions he showed a recording du,vice in Court and prayed that he

wanted t o record the proceedings of his matter. ~ o n ' b l e Judge d,irccted

him not t o use the same. As the counsel for the opposite side, i.e. Delhi

Court was not present, the niaLter was passed over. Thereafter at 2.15

p.m. matter was talten up 'again, Mr.A.5. ~handhiok, ASG and Mr.Rajiv

Bansall- advocate were present on behalf of Delhi High Court. After

conclusion of the p :xeedings it was pointed out by Mr.Chandhiolt that

Mr.l(husla has kept the recording device on the table and the same was in

'ON MODE'. At this Hon'ble Judge asked Mr.l(hosla as tu why he has used

the device even after t ~ e was directed not t o use the same in Court.

-fhereafter Hon'ble Judge directed the undersigned t o seize the device.

1 , l ion'ble Judge further directed that the recording be removed froni the

I : device and be recorded separately in a CD and the same be kept in a sealed !

Mr.Deepalc I<hosla can collect the same from Registrar (Vig~lance).

Submitted for orders.

I

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K -4-CF Court Master attached with

5 !! cover with Registrar (Vigilance) for a period of thirty day f rom today and

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device bc handed over t o Registrar (Vigilance) wi th instructiorls that

HWlJ S. Muralidhar

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