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Most recents (24)

CJI UU Lalit explains a counsel that in a criminal case, a plea cannot be filed by an unaffected party

Tries to give examples of a few cases

Counsel: So what ?

CJI: So what ? Okay. (Smiles) ruffles through the files

[This is what restraint is. Read it again] #SupremeCourt
CJi: This plea filed under Article 32 states in an incident of January 6, 2022, modesty of a 15 year old girl was outraged which led to FIR by father of girl. Concerned accused was never arrested
CJI: A compromise allegedly executed between girls family and accused became basis for filing Petition under section 482 crpc to quash FIR. HC going by the compromise allowed the plea and quashed proceeding.
Read 8 tweets
The Supreme Court is hearing an appeal against a division bench order of the Madras HC setting aside single-judge order cancelling election of E Palaniswami as AIADMK General Secretary.

#SupremeCourt #SupremeCourtofIndia
Senior Advocate Ranjit Kumar reads divison bench order.

#SupremeCourt #SupremeCourtofIndia
Kumar: The division bench leaves the main issue open.

Justice Shah: That is for trial.. it's not to be decided at this stage, that's what it says.

#SupremeCourt #SupremeCourtOfIndia
Read 13 tweets
The Supreme Court is hearing a plea claiming that the State emblem at Central Vista is violative of the design specified under the Act of 2005.

#SupremeCourt #SupremeCourtofIndia
Counsel: There is no scope for artistic innovation for a state emblem.

They are not only describing the design, but also giving a picture in the Act.

#SupremeCourt #SupremeCourtofIndia
Counsel: Your Lordships have held that this is a symbol of national honour.

Justice Shah: The impression the emblem gives depends on the mind of the person.

Counsel: We are only asking for correction.

#SupremeCourt #SupremeCourtofIndia
Read 4 tweets
The Supreme Court is hearing a plea by former minister Gali Janardhan Reddy to visit and stay in Bellary for four weeks.

#SupremeCourt #SupremeCourtofIndia
Senior Advocate Meenakshi Arora for Reddy: The mother of the child lives in Bellary. She's with my family there.

Justice MR Shah: Don't raise your voice, Madam. It will not help you.

#SupremeCourt #SupremeCourtofIndia
Justice Shah: You never disclosed the baby was not born in Bellary. We have full sympathy.. What they are saying is the discharge took place only after arguments before this court.

#SupremeCourt #SupremeCourtofIndia
Read 7 tweets
#SupremeCourt hearing Gautam Navlakha's plea seeking house arrest after his regular bail plea was denied.
Matter to be taken at 3.

Adv Kanu Agarwal: I wasn't aware that my lords had not received the letter (of adjournment). Let me get instructions this matter was listed late.

Adv: Let him out for two weeks atleast he needs a colonoscopy.
Sibal: Has no criminal history.

Justice Joseph: Let him breathe some fresh air. He wasn't even convicted in any small IPC offence earlier.
Read 32 tweets
In a significant judgment, the #SupremeCourtofIndia has declared that unmarried women are also entitled to seek abortion of pregnancy within 20-24 weeks arising out of a consensual relationship. Image
The Court ruled that the exclusion of unmarried women who conceive out of live-in relationships from the Medical Termination of Pregnancy Rules is unconstitutional.
"All women are entitled to safe and legal abortion. If Rule 3B(c) is understood as only for married women, it would perpetuate the stereotype that only married women indulge in sexual activities. This is not constitutionally sustainable.
Read 5 tweets
#SupremeCourt Constitution Bench led by Justice Sanjay Kishan Kaul hearing case relating to top court's powers under Article 142 to grant divorce when parties are not consenting.
Sr Adv Indira Jaising arguing.

Jaising: Judge has to be arbiter, there will always be lack of consent.

Justice Kaul says where the Court has exercised Article 142 powers, it have made sure to put a quietus to the allegations: A blank slate given before granting divorce.
Justice Kaul: Look at the time period. From the 1990's the time has changed a lot...we have to do innovative thinking.

Justice Khanna points how abroad usually both spouses are working.

Jaising: I India, unfortunately, there aren't enough empirical studies.
Read 14 tweets
Constitution Bench of #SupremeCourt led by Justice KM Joseph to hear pleas regarding passive euthanasia and the right to die with dignity.

#euthanasia #SupremeCourtOfIndia
Datar: This is related to living will and the right to die with dignity. After the earlier report, we found it to be unworkable.

Datar outlines procedure for passive euthanasia.

Datar: Can't expect hospitals to constitute committee for withdrawal of life support followed by Collector to see the same. We've suggested how it been be amended. Union filed a counter saying suggestions are not acceptable.

Justice Bose: law now is no one can compel him to go?
Read 10 tweets
#SupremeCourt Constitution Bench led by Justice KM Joseph to hear matter of disciplinary proceedings in adultery cases within armed forces not lying post the judgment decriminalising Section 497 of the Indian Penal Code.

#SupremeCourtOfIndia #adultery
Hearing starts.

Advocate: We're really concerned with what constitutes indiscipline and unbecoming conduct in the Army.

Justice Joseph: You're filing it in the form of a clarification?

Adv: There were officers indicted for indiscipline, illicit affairs, unbecoming conduct.
Adv: If another officer, it may be consensual in nature, enters another officer's quarters when they are posted away from home, some AFTs have given decisions.

Justice Joseph: Which part of the judgment comes in your way? Joseph Shine decriminalises it but can it come in...
Read 12 tweets
#SupremeCourt Constitution Bench led by Justice KM Joseph to hear matter regarding validity of an #arbitration agreement embedded in an unstamped contract.

Hearing starts.

Adv takes Court through facts.

Bench: We may have to appoint an Amicus.

Order: We're of the considered view that an Amicus be appointed, we appoint Mr Gaurav Banerjee. Registry will forward to him the papers. List on December 6.

Adv: My IA may be taken up.

Order: 2 weeks to file compilation of IA contents and the issues involved.
Read 4 tweets
Constitution Bench of #SupremeCourt led by Justice KM Joseph to hear pleas regarding passive euthanasia and the right to die with dignity.

#euthanasia #SupremeCourtOfIndia
Justice Joseph: How is this before Constitution Bench?

Sr Adv Anand Grover: I'm for the petitioners, we're saying allowing Jallikatu was unconstitutional.

Sr Adv Shyam Divan for Tamil Nadu, SG Tushar Mehta for Maharashtra.
Sidharth Luthra reads from pleadings.
Read 9 tweets
Constitution Bench of #SupremeCourt led by Justice KM Joseph to hear plea seeking a more foolproof system of appointments for Election Commission of India members.

#elections @SpokespersonECI #SupremeCourtOfIndia
Adv Prashant Bhushan: This is a serious issue. Several reports have been filed in this regard. Currently the PM has the say. Dr Ambedkar has said it would not be fair or proper to leave the selection only to the government, but it has suited every govt, suggestion is it..
SG: This needs hearing.

Bhushan: should be by a neutral committee.

Sr Adv Gopal Sankaranarayanan informs Bench about connected petition.

Bhushan: It's not a long issue. Pleadings are complete.

Bench: we'll list on November 9.
SG: No Objections, but only issue is there...
Read 6 tweets
#SupremeCourt Constitution Bench headed by Justice KM Joseph to hear matter of WhatsApp's 2021 privacy policy, as to if it violates users' right to privacy under Article 21.

#WhatsApp @WhatsApp #privacy #policy
Sr Adv Shyam Divan: I'm appearing for the appellants. I understand this is for directions.

Justice Joseph: Pleadings are complete?

SG: Yes. Since list was updated at midnight, i could not get instructions. From media reports, i read that the (Data Protection) Bill has been ..
SG: Withdrawn.

Justice Joseph: Why has this been referred?

Divan: There were no questions formulated of reference. There is a messaging company called WhatsApp. There have been orders against it by HCs, questions only raised on maintenability.
Read 22 tweets
#SupremeCourt hearing PIL by @AshwiniUpadhyay seeking ban on politicians who have been convicted of serious offences

Justice Joseph: Mr Upadhyay do you keep a count of the number of PILs you've filed. (Smiles)
Justice Joseph: Serious as per who? Mr Upadhyay?

Upadhyay: Law Commission report my lord. Serious offences and where charges have been framed.

Bench discusses.
SC: Who all have you made parties? Upadhyay: Election Commission of India, Home and Law Ministries, Law Commission.

Bench: Issue notice.

Upadhyay: Some fixed date my lords?

SC: Let them file counter first.
Read 4 tweets
A Constitution Bench of the Supreme Court has started hearing the issue regarding the extent of powers under Article 142 to grant divorce when one or both parties are not consenting.

#SupremeCourt #SupremeCourtofIndia #Divorce
Senior Advocate @IJaising begins submissions.

#SupremeCourt #SupremeCourtofIndia #Divorce
Sr Adv Jaising: I will address the second question first. The first is powers under 142. In my opinion that's a relatively easy question to answer.

But on the question whether irretrievable breakdown divorce can be granted..

#SupremeCourt #SupremeCourtofIndia #Divorce
Read 26 tweets
#SupremeCourt hearing matter of IPS officer Satish Chandra Verma dismissed from service one month before retirement.

Counsel for petitioner: The sole basis of not granting stay is a transcript downloaded from a YouTube video and made into a CD. That's their sole evidence.
Counsel reads from Delhi HC order from yesterday that refused to stay the dismissal order.

Bench goes through the charge memo.

Read 11 tweets
#SupremeCourt hearing challenge to legality of current pre-enrollment bar exam. Image
Justice Kaul: We understand the constitutionality of it. But you should not dismantle a system that is working. Fine-tune. There are so many law colleges, probably the whole of Europe does not have as many law schools as in India.

Vishwanathan: We can have exams in 5th yr.
Justice Kaul: For practical purposes, we have to make Sudheer workable.

Justice Maheshwari: Qualified to be an advocate is one thing, the right to practice is another, which follows the first.

Vishwanathan: Yes.
Read 29 tweets
A Constitution Bench of the Supreme Court will soon continue hearing petitions challenging the validity of the All India Bar Examination.

Live updates here👇🏽

#SupremeCourt #SupremeCourtofIndia
AG KK Venugopal: From the earliest year, the committee recommended that there should be an examination and i find that consistently acts after acts have been passed, committees, the law commission report have said that exam is necessary.

#SupremeCourt #SupremeCourtofIndia
Read 84 tweets
Constitution Bench headed by Justice DY Chandrachud to hear the #MaharashtraPoliticalCrisis matter between Eknath Shinde and Uddhav Thackeray

Bench will first hear whether EC can continue hearing proceedings to decide who would control party symbol, party name and identity
Sr Adv Kapil Sibal: How can the hearing proceed if this application is not decided now..

Sr Adv NK Kaul: this applications is about how EC is stonewalled from proceeding in the matter and has no connection with the main matter which larger domain of exercise powers by speaker
Kaul: disqualification of a member of a political party has no relation to the election symbol proceedings before the election commission. Such disqualified ones are even allowed to vote #MaharashtraPolitics
Read 67 tweets
Constitution Bench headed by Justice DY Chandrachud to begin hearing the legal issue concerning scope of legislative and executive powers of the Centre and Delhi government over control of services in the national capital @AamAadmiParty @LtGovDelhi #SupremeCourt
Counsel proposes three days for the matter

Justice Chandrachud: Solicitor when can it be heard?

SG: It can be after Diwali

SC: Then we can place it on November 2 immediately after vacations

@AamAadmiParty @LtGovDelhi #SupremeCourt
Read 5 tweets
Constitution Bench of #SupremeCourt led by CJI UU Lalit to continue hearing pleas challenging the validity of the 103rd Constitutional Amendment, which provides for 10% reservation for EWS, on the ground that economic classification cannot be the sole basis for reservation.

Matter likely to reserved for judgment today after hearing rejoinders to the Central govt's arguments.

#SupremeCourt #EWS #CJIUULalit

Read about the questions of law in the case, here:…
Hearing starts.

Adv Rahul Chitnis for Maharashtra says he has filed written submissions.

Counsel: I will add to AG Venugopal's submissions. Dr Ambedkar said that poverty should be the foundation for reservation. Now what's happening is instead of caste-less we're going...
Read 104 tweets
#SupremeCourt is hearing a plea against illegal seizure of properties and the amendment which now gives power to police to release the properties

CJI: You have to come on a case basis.

Adv: our 8 brand new cars were seized, pesticide was taken

CJI: Come in that case
The PIL in this case is by the All India Transports Welfare Association

PIL says Section 102(3) CrPC is not being followed

Justice JB Pardiwala: then why cannot you invoke powers of the magistrate.

CJI: You do not want to dot that

Adv: police is not taking responsibility
CJI: grievance raised is that at times certain acts are committed by the police which are not clearly consistent with 102 CrPC and properties keep languishing under police custody causing anguish to transporters.
Read 7 tweets
#SupremeCourt to hear the case by @SEBI_India where it fined one person for Rs 15 lakh after finding her guilty of releasing unpublished price sensitive information related to financial results of Bata India through @WhatsApp messages prior to official announcement by company
Counsel for the one on whom penalty was imposed: there is a securities appellate tribunal order in my favour and in spite of it SEBI is proceeding against me.
Sr Adv CU Singh for SEBI seeks another date

CJI: No no... what kind of an order is this?

Singh: show cause notice was issued on Feb 23.

CJI: One appeal is pending here and that is why all these applications.

Singh: not today a lot of matters passed over
Read 13 tweets
BJP Leader Ashwini Upadhyay's plea seeking to prohibit or regulate the production, distribution and consumption of intoxicating drinks and drugs in the national capital being heard before CJI led bench

CJI: This is all policy matter

#SupremeCourt @AshwiniUpadhyay
Upadhyay: a little indulgence in this matter will benefit the youth. I only seek warning labels on such drinks as it is harmful. There is no ban on drinks
CJI: There are thoughts and counter thoughts. Some say liquor taken in small quantity is good for health but that is not ciggarettes #supremecourt
Read 4 tweets

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