HIGH COURT OF' DELHI: NEW DELHI

Dated:

1 1-7- \

From,

The Public Information Officer

Delhi High Court
N e w 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.

, Nos.
1.

2.

3.

I
1

lnformation Sought

First, Hon'ble Chief Justice Mr. A. P. Sliah and

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
by Hon'ble Chief Justice Mr. A. P. Shah.
Please inform me of:
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
d) The hour spent in deliberations.
Please provide me with a copy of all the
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.

Hon'ble the then Chief Justice, Mr. A. P. Shah. vide

orders dated 28.01.20 10, was pleased to order as under:
"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
15.04.2010 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
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 The requisite record ( 5 pages) is enclosed herewith as
notings, or howsoever such written record may Annexure-B.
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.
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,
Y

gq

(P. K. G U ~ ~ A )
PUBLIC INFORMATION OFFICER
Encl: As above (13).

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lieccivec1:- Letter dated 27.0 1.2010 fi-om Mr.Rajiv Balsal, iiclvocate

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Kiiid.ly peruse PU.C.,

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l t is submitted tllat tliis case relates to Civil Writ P e l ~ t i o

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 ~ aDelbi
r , 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,ilitlie said Writ Petition to

declare rlrat the petiti oiler is entitled to non-ii~trusivelyaudio-record j.udicia1
proceetlingi that i~ivolvehis 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~itrusiveaudio-recording
.
by the petitioner or his advocate-on-1-ecocd ill respect of judicial proceecli~~g
that ilivolve the pe1.itioner.
.

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It is submitted tlia~notice was issuec; iii tllc sajd Writ

on 03.1 1.2009 returnable on 25.02.2010.

kiti ion

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 13.01.10, 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~laustiveparawise cornrnents

clealilig wit11 eacli aiid very issue raised in the Writ Pelition. be fi~i~iislied
to
1
him il~iliiediatelyso that counter affidavit could be filed in time.

It is sub~ilittedthat this iiiatter has also been discuss&clwit17

Nlx.Rajiv Bai~sal,Advocate who states that on 15.012010 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 ~vithinfour 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 tuiay 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
tlie earliest.
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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:-

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.

A Columittee of I-Ton'ble Judges may be co~istituledto consider

tlne coiltents and prayers inlade in Civil Writ Petition
No. 12787/2009 titled Deepalc Iihosla Vs. U~iioliof Iliclia &
Qtllers ancl finalise t l ~ estand 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~licopy of
Wril 19etition has already been suppliecl for prepal-ing
con~rz?cnls.
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This case relates to consideratiol~of co~lte~lts

and prayers made in Civil Writ Petitio~lNo.
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~sivelyaudio-record judicial proceedi~lgsthat i~lvolvehis
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'thatiilvolves the petitioner. i;
Mr. Rajiv Bmsal, Advocate, has beell ~lom~ilated
by this Court, to co~ltcstthe inattcr and
also defci~dthe intercst of Respolidellt No 2 i.e Goverili~leiltof NCT of Dellii.
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01119.01.2010, wlieii thc matter {ame up for !leasing before {lie Court of Hon'ble 1Mr.

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Justice S Murlidhar, the Hon'ble Court g b e last opportuiiity to tliis C $ L I Ito

~ file a reply affidavit
indicating this Court's stand witliiii four week. The said period of four weeks ends 011
14.02.2010.
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l-lon'ble the thcn C11icf Justice, vide orders dated 28.01.2010, was pleased to orders as

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unclcr :"For a) Co~iii~~ittee

of Lokur J & Sen J may be coiislituted
b) J.R. Rilles limy cool-dinate with Committee"

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On ail applical~on,for esteilsioil of time, the Court of Hon'ble Mr. Justice S. Murlidhar.
16 02.2010, cxtendcd the tii~lefor 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~itsand 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.
co~isistsof the follou7ing membcrs :
The ilewly co~istitutedCo~~lmittee
1.
Hoil'ble Mr. Justice Viltrailiajit Sen
- Cl~ain~~ar~
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.

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

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Hon'ble Mr. Justice Viltra~ilajitSen

Hon'ble Mr. Justice A.K. Silcri

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This case rclatcs to coils~dcrat~on

bf coiltents and prayers made in Clvll W ~ i Petitloll
t
No
1278712009 tltlcd 'Dcepak I<llosla Vs lJiiioil of Iildia 8L: Ors ' and final~zethe staiid of this Court,
111 tllc matter".

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111 Civil Writ Petition No. 1278712009, the peti~io~ler

has inter r ~ l i uprayed to declare that
the peiitio~leris entitled to non-i~itmsivelyaudio-record jadjcial proceediilgs that involx~elzis
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~siveaudio-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~iilmentof 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-tto 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~llmitteeof 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'toHon'ble the acting Chief Justice had telephonically inforn~ed

that the "Committee to coi~siderthe coiltc~ltsaiid prayers made ill Civil Writ Petitioii No.
1278712009 titled ' ~ e e p a l ~ ' 1 ~ 1 ~Vs.
o s lUnion
a
of India & Ors.' and fiilalize the stand of tliis Court,
ill the matter" has been reconstituted, consistii~gof Hon'ble Mr. Justice Viltrainajit Sen and
Hon'ble Mr. Justice A.K. Silcri.

When t11~~vatterfor 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, 111tlie mattcr"

d*h*L . W / /
(L.IC. GAUR)
~oi17tRegistrar (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 ~nternlra prayed to
declare that the petitioner is entitled to non-intlt~sivelyaudio-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 audiorecording 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 1.2010, 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"
/
I

;'

011 a n application, for extension of time, the Court of I-lon'ble Mr. Justice S.
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'slaVs. Union of India & Ors.' and finalize
the stand of this Court, in the matter" has been reconstituted, consisting of Hon'ble Mr.
Justice Vilcran~ajitSen 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~atedin place of A.K. Siltri, J.'
ln cori~pliancewith the above said order, the matter was laid before Hon'ble Mr.
Justice Vil<ranzajitsen 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.
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"
111

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L/,L-LL~> .

(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<11osJaVs. 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~ninatedby 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~igor 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 ViI<ramajit
ce
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~najitSen has recused himself fro111tliis matter and the 111attcrbe laid
before Hon'ble the Acting Chief Justice for con side ratio^^.

It 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-~efor 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-1is 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 F I L L 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
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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On 8.4.2010 when l t e r ~No.33

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[WP (C) No.312787/2009 titled Deepalt
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 eJudge d,irccted
him n o t t o use the same.

As the counsel for the opposite side, i.e. Delhi

Court was n o t present, the niaLter was passed over.

Thereafter at 2.15

p.m. matter was talten up 'again, Mr.A.5. ~ h a n d h i o k , ASG and Mr.Rajiv

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

After

conclusion of the p : x e e d i n g s it was pointed o u t 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 ~ ewas directed n o t t o use the same in Court.
-fhereafter Hon'ble Judge directed the undersigned t o seize the device.

1I ,:

lion'ble Judge further directed that the recording be removed froni the
device and be recorded separately in a CD and the same be kept in a sealed

!!

cover with Registrar (Vigilance) for a period of thirty day from today and
device bc handed over t o Registrar (Vigilance) with instructiorls that
Mr.Deepalc I<hosla can collect the same from Registrar (Vig~lance).
Submitted f o r orders.

K -4-CF
Court Master attached with
HWlJ S. Muralidhar

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