Utkarsh Anand Profile picture
National Legal Editor, Hindustan Times Past: CNN-News18, Indian Express, Press Trust of India

Mar 12, 2020, 14 tweets

Anti-#CAA protesters' hoarding case in the #SupremeCourt: SG Tushar Mehta appears for UP Govt as he points out 57 indicted for destruction of public properties include rioters of both communities.

#CAAProtest

Mehta says Allahabad High Court order is based on alleged violation of right to privacy but privacy will have a different dimension when a person chooses to commit certain acts in public.

#CAAProtest

Judges ask:

* Question is whether state has a right to put posters of those involved in public places

* Can right to privacy be waived for all times to come even if they have been involved in certain acts of rioting

#CAA_NRC_Protests
#CAA_NRC_NPR
#CAAProtest

Judges also ask SG to explain: Can they be castigated for perpetuity? We agree there shouldn't be vandalism and those involved must be brought to book but the question here is can a State go two steps ahead and publicly ridicule them. Is there any law to back the State's action?

SG Mehta submits that pulling down some hoardings isn't the issue for the State of #UttarPradesh here but the manner in which right to privacy has been invoked by the Allahabad HC is something that needs to be clarified.

#CAAProtest

Justice Bose tells SG Tushar Mehta: There is a difference between an individual and a State. An individual can do what isn't prohibited by law whereas a State can do what is empowered by law. So show us the powers..

#CAAProtest
#CAA_NRC_Protests

Justice Lalit to Mehta: We understand your anxiety but when you do something that has its own limitations..
Did the time to make the payment expire? No...They have also challenged the order of making compensation.

#CAAProtest
#CAA_NRC_Protests

#UttarPradesh Govt tells the #SupremeCourt that the extraordinary step (to put up hoardings) was required for a stronger deterrent.

#CAAProtest
#CAA_NRC_Protests

Justice Lalit refers to a recent UK Supreme Court judgment relied upon by SG Tushar Mehta. The judge says this judgment will have the persuasive value and hence let this matter be taken up by a three-judge bench in the coming up.

#CAAProtest
#CAA_NRC_Protests

Sr adv AM Singhvi appears for one retired IPS officer who also found his photo in one of the hoardings. Singhvi says since when this country has legitimised 'name and shame' policy.

What if people start getting lynched?

#CAAProtest
#CAA_NRC_Protests

Singhvi says SDM believed in the 'palm tree' justice when he held all these people guilty and not even final orders were served on them.

"Posters were to incite violence, invite people to spit on them, take law in their own hands & lynch them."

#CAAProtest
#CAA_NRC_Protests

Sr adv Colin Gonsalves, CU Singh, Vrinda Grover also appear for some of the persons whose photos were put up in the hoardings across Lucknow.

Judges say they have accepted the contentions regarding importance of the matter & hence a 3-judge bench should hear it.

#CAAProtest

Sr adv CU Singh submits in the #SupremeCourt that @myogiadityanath Govt has declared a war on a particular community in the state of #UttarPradesh.

Judges tell him the court is only examining the legal aspects of the matter.

#CAAProtest

#SupremeCourt order in anti-#CAA protesters' hoarding case: No interim order today as the vacation bench says matter should be placed before the #CJI for setting up a three-judge bench next week so as to appropriately consider the matter.

#CAAProtest
#CAA_NRC_Protests

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