From orders to ameliorate miseries of 2nd Covid wave to right to protest
new delhi: With the devastating second wave of COVID-19 wreaking havoc, the Delhi High Court played a pivotal role in ameliorating citizens' miseries in 2021 by taking to task the authorities for issues like lack of oxygen and hospital beds and passed orders in cases pertaining to politicians, social media giants and on the right to protest.
The high court, which left no stone unturned to ensure hospital beds and oxygen supply to COVID-19 patients while warning that it will "hang" those who try to obstruct oxygen supplies to hospitals here, granted bail to some student protestors in a 2020 riots case in a landmark verdict highlighting role of dissent in a democracy.
While granting the relief in the riots case, it held that in an anxiety to suppress dissent, the State blurred the line between right to protest and terrorist activity and if such a mindset gains traction, it would be a "sad day for democracy".
The cases pertaining to new Information Technology rules also kept the high court busy during the year with Facebook and WhatsApp specifically challenging the guidelines requiring them to "trace" chats.
The Centre, in its response, said it rightfully expected online platforms to counter illegal content either themselves or by assisting the authorities and that the rules sought to prevent misuse of the freedom of press and protect the citizens from fake news.
The corporates also battled their issues before the high court which upheld the legality of the Singapore's Emergency Arbitrator's order restraining Future Retail from going ahead with its multi-crore deal with Reliance Retail to sell its business, which was objected to by Amazon.
The high court dismissed actress Juhi Chawla's lawsuit against 5G technology and slapped costs of Rs 20 lakh by describing the plea as defective, abuse of process of law and filed for gaining
publicity.
Politicians, including PDP leader Mehbooba Mufti and TMP MP Abhishek Banerjee also approached the court challenging summons issued to them in separate money laundering cases lodged by the Enforcement Directorate (ED).
The high court stayed notices issued to ED officers by West Bengal Police pursuant to an FIR lodged by Chief Minister Mamta Banerjee's nephew Abhishek Banerjee.
Continuing to monitor how authorities tackled the COVID-19 pandemic, the high court, which conducted a marathon hearing for 45 days including proceedings till late night during the peak of second wave, sought the Centre's stand on setting up buffer stock of liquid medical oxygen here in case of another wave even as the AAP government submitted that it has 419 metric tons in stock.
The PM CARES Fund, set up to fight against coronavirus, also came under the scrutiny of the court which was told by the Centre that it was not a government fund as donations did not go to the Consolidated Fund of India and no third party information could be parted with under the Right to Information Act.
While the pandemic gripped the country, the high court said it could not see "people dying" as it prompted action from the governments and ensured that Delhiites got their share of vaccines, medical oxygen and medicines — which were being blackmarketed — for treatment of COVID-19 and Black Fungus patients.
The year also witnessed Twitter's tryst with the high court over the appointment of officials under the new rules after the Centre claimed that failure to comply with the new framework could lead to the platform losing its immunity as an intermediary.
The proceedings were closed later this year after the Centre said that it was satisfied with the platform duly appointing a chief compliance officer and others officials.
Putting to rest the concerns surrounding its new privacy policy, WhatsApp told the high court that till the data protection bill comes into force, it would not compel users to opt for the updated regime.
