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Aug 29

Supreme Court hears plea concerning detention of Bengali-speaking Muslim migrant laborers, who were allegedly apprehended across several states under suspicion of being undocumented Bangladeshi nationals.

Bench: Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi

Advocate Prashant Bhushan: notices have been served but no reply has been filed. One of the ladies who had been pushed out, her family had filed habeas corpus in the Calcutta HC. After notice was issued the ASG went and said to the HC matter is pending and got it adjourned. This lady has been pushed out forcibly from the country, she is pregnant without any proof that she is a foreigner. They are saying Bengali language is a Bangladeshi language. Therefore people speaking Bengali are Bangladeshis. How can any authority push out any person without any determination whether so and so is a foreigner? There should be some agreement with the Bangladeshi government. Normally one can’t push someone to another country without having an agreement with them. You can’t forcibly push to another country without the country accepting.

Bhushan: this pregnant lady is pushed out and arrested by Bangladeshi authorities under their foreigners act saying she is an Indian.

Justice Kant: a lot of factual issues are involved. We appreciate that habeas corpus cannot be adjourned because matter is pending here. We’ll request the high court to take up the matter.

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Bar and Bench

@barandbench

Aug 28

Delhi High Court is hearing the petition filed by banned organisation Popular Front of India (PFI) challenging the order passed by Unlawful Activities (Prevention) Act (UAPA) Tribunal declaring PFI as an unlawful association.

The matter is before the Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.

Additional Solicitor General S. V. Raju is appearing for the Centre. He has opposed the petition on the issue of maintainability.

Read 8 tweets

Bar and Bench

@barandbench

Aug 28

Supreme Court hears a suo motu plea on the rise in child rape cases and a corresponding delay in the probe and trial of these cases.

Bench: Justice Pankaj Mithal and
Justice Prasanna B Varale

ASG Aishwarya Bhati: 2019-2023 lot of developments have taken place including (the accused have been convicted)

ASG: This family is in Dehli.

Justice Pankaj Mithal: What about victim?

ASG: Victim is still getting CRPF security.

Justice Pankaj Mithal: If threat perception is there, the security has to be given. Merely the accused are in custody doesn't mean that security threat is gone.

Read 4 tweets

Bar and Bench

@barandbench

Aug 28

Supreme Court hears plea by journalist @abhisar_sharma challenging FIR over YouTube video criticizing Assam govt’s “communal politics” and questioning the allotment of 3,000 bighas tribal land to a private entity.

Bench: Justices MM Sundresh and NK Singh

#SupremeCourt

The FIR has been filed in Assam under section 152 BNS (endangering sovereignty of the nation) among other sections.

Sr. Adv. Kapil Sibal: my lords this 152 is now an omnibus provision.

Justice Sundresh: FIR you challenge before the high court. Why are you bypassing the High Court? We’ll give you protection you go to the High Court. Just because you’re a journalist…

Sibal: some uniformity has to be there. They will lodge another FIR.

Justice Sundresh: even if we entertain they’ll lodge another FIR

Read 4 tweets

Bar and Bench

@barandbench

Aug 27

Book launch: [In] Complete Justice ? The Supreme Court at 75

Justice AS Oka to speak shortly

Editor of the Book, Sr Adv Dr S Muralidhar: Earlier there was a court of virtual hearings, courts willing to adopt the technological mode...What I miss is a court with It's a more rushed court, more chaotic, more miscellaneous work and new players are law researchers and law interns. One law researcher was asked to draft two drafts of judgments one allowing and one dismissing the appeal... For Milord to choose from

Justice AS Oka: Cartoons speak more than the reading material in this book. Celebrations started after we completed 75 years of constitution.. for legal fraternity celebration was not required.. introspection was needed as to where the course correction was needed.

Justice Oka: The biggest mistake we did was to ignore the trial judiciary on such platforms for over 75 years and we discussed only Supreme Court and High Court. I agree with Sr Adv Jaising when she says that it is a myth that woman judges address best the issues faced by woman. I believe this book triggers a debate which is required. .. Do we have judges anymore who tells their wife that my dissent will cost my Chief Justiceship. Another facet which needs to be looked at is the case listings.. if we spend 6 hours in reading files everyday and then on cases, how do we deliver judgments?

Read 9 tweets

Bar and Bench

@barandbench

Aug 25

Supreme Court heara a PIL seeking a media gag order in the case of Malayali nurse Nimisha Priya, who faces the death penalty in Yemen.

Bench: Justice Vikram Nath and Justice Sandeep Mehta

On August 22, the Court issued notice to Attorney General of India and orally observed that it would pass an order, if any, on Monday (today).

J Nath to Dr. KA Paul: What do want? Do you want nobody should come out and say anything to media....Leaned Attorney has said so that government of India will make nobody brief media. What else you want?

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