Hon’ble Justice Brijesh Sethi was appointed as Judge of Delhi High Court on 27th May 2019. He has passed many judgments which have their significance. These judgments are as follow:
On 18th March 2020, The Delhi High Court dismissed the plea of Mukesh Singh, one of the four death-row convicts in Nirbhaya gang rape and murder case. His plea claimed that he was not in the national capital at the time of crime. While dismissing his plea, Justice Brijesh Sethi said, "There is, thus, no infirmity, illegality or irregularity in the order passed by the trial court". The court dismissed the plea and directed the Bar council of India to give appropriate sensitization exercise to his counsel.
On 14th January 2020, The Delhi Court directed WhatsApp and Google to preserve and provide the data related to the JNU violence to the police. Justice Brijesh Sethi directed the Jawaharlal Nehru University (JNU) administration department to deliver at the earliest the CCTV footage of the brutality sought by police. The court also asked the police to seize the phones of members of two WhatsApp groups on which it was coordinated.
Justice Brijesh Sethi also said Victims of sexual offenses must have to say in the Accused Bail Pleas. This was ordered by him when he was informed that the trial courts are violating the directions earlier issued by the High court by passing the bail orders without adhering to the requirements of issuance of notice to the complaint on the bail plea of accused of sexual offenses. The high court was hearing a petition by the mother of a minor rape victim questioning the interim bail granted to the accused by a trial court without giving them a hearing or notice. The court was familiarized by the lawyer that the victim and her family live in the vicinity of the accused, and leaving him out on interim bail is a threat to their lives.
Recently on 1st January 2020, The Delhi High Court has dismissed a petition of a school teacher seeking registration of an F.I.R against a senior police official of Uttarakhand under alleged charges of sexual assault, house trespass, and extortion, observing that the woman had failed to explain the delay in complaining the matter. Justice Brijesh Sethi noted that the woman petitioner has mentioned the date of the alleged incident as November 2016. Nevertheless, she has filed a complaint concerning the same through a post on 5th June 2017. The court said, “There is an extreme delay in filing the complaint and there is no explanation for the same."
On the 2G scam case, The Delhi High Court held that "the matter is voluminous in nature and cannot be argued or heard by video conferencing." Justice Brijesh Sethi said, "I know, earlier there was a notification in favor of Tushar Mehta. I hope and believe there is some sort of delegation. I need clarification on that regard." To this, ASG Jain said Ripu Daman Bharadwaj is the standing counsel for CBI and a request was made to him (Jain) to appear in the case so he appeared.
Also, while the matter was being heard through the video conferencing, counsel for the accused claimed that Justice Brijesh Sethi should not continue with the case as it is not urgent in nature. Justice Brijesh Sethi, however, ruled saying that when he has heard the case in detail though in parts, he found that he should not leave the said case and other cases unresolved for another bench to hear them again as this would result in the wastage of precious judicial time and putting unduly burden on the public treasury. However, the trial court found that the prosecution failed to prove the charges. This decision, however, doesn't neglect the Supreme Court decision or take away from the fact that the licenses issued throughout 2G spectrum allocation were illegal.
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