Custodial Interrogation is required to confront P Chidambaram with the relevant documents and other accused in the case to take the investigation further, Mehta
We are at pre chargesheet case. He is not providing all the documents required for investigation.. certain questions can be answered only when the accused is not under the protective umbrella.., Mehta.
Mere appearance becomes a formality when the accused in under the protective umbrella. This is a serious case..of monumental magnitude, Mehta concludes as he urges the Court to grant 5 days custody of P Chidambaram.
Kapil Sibal begins, informs the Court that co-accused Karti Chidambaram was granted regular bail by Delhi HC, Chartered Accountant Bhaskaraman is also on anticipatory bail.
Other accused, Peter and Indrani Mukherjea are on default bail, Sibal.
This is a case of documentary evidence. The Secretaries recommended the case to the Finance Minister and he approved.. The FIR was filed after 10 years, Sibal
Last night, the CBI said that they wanted to interrogate him... They didn't start the interrogate until 12 noon and asked him only 12 questions... By now they should know what questions to ask. The questions are not ready, Sibal
All co-accused are on bail.. they (prosecution) could have written a letter to me asking for the documents needed for investigation.. why did they not do that?, Sibal
When the judge reserved the Judgement for seven months, is this the 'protective umbrella' that I sought?, Sibal
I have serious objection with the manner in which the accused as dealt with.. What is written in the case diary is not evidence in the case but only to aid in such inquiry or trial, Sibal
P Chidambaram is a called four months after Indrani's statement is recorded in 2018.. for 11-12 months P Chidambaram is not called for interrogation, Singhvi.
To create a reason for custody now, they create a reason that Indrani is now an approver, Singhvi.
She turns approver in 2019 based on the same old statement given in 2018..Singhvi.
You (Prosecution) have not made allegations of tampering of evidence or flight risk against P Chidambaram, Singhvi.
Grant of remand is an exception. Investigating Agency must make out a strong case that without custody further investigation would be impossible, Singhvi reads out a Supreme Court judgement.
Further investigation is going on. We filed an affidavit before HC stating that further investigation under section 173 CrPc is going on. It is our statutory right.There is a need to interrogate, Mehta.
Justifying calling P Chidambaram for interrogation only once, Mehta says,
We had a reasonable ground to come to the conclusion that we may not be able to reach the truth unless the protective umbrella is removed.
The protection was removed only in August 2019 when the Delhi HC said that the gravity of the offense committed by the accused demanded denial of bail, Mehta.
A responsible Prosecution wouldn't reveal the chronology of the questions to be asked. Whatever questions were asked, were recorded.
I cannot be denied my right to interrogate.. it is my duty to the nation, Mehta
We are considering remand..flight risk etc are not relevant.. We are dealing with intelligent people.. we would be failing as Prosecution if we do not reach the root (of the matter), Mehta.
Sibal says he does not want the questions to be made public, only want to ascertain the genuineness of the question.
P Chidambaram permitted to speak.
On June 6, 2018, please ask for the transcript.. there is no question which has not been answered.
The allegation of 5 Million whatever were never put to me. Only asked me if I have a foreign bank account or my son who furnished the details.
SG Tushar Mehta: CBI appeal is listed before the Delhi High Court
Sr Adv N Hariharan: I am in the position to show that the prosecutrix is not a minor. The AIIMS board says she was not a minor. All reports are in his favour still he is in jail.
SG: The main conviction is under 376(1) IPC for remainder of his life
CJI: Prayer was only to suspend the sentence. There are issues which require consideration.
SG: it has to be seen whether MLA is a public servant for the POCSO
Justice Bagchi: we do not endorse the hyper technical conclusion of the high court. This is a penal legislation which protects children from sexual exploitation.. section 21 of IPC and prevention of corruption of act..
SG: MLA is in a dominant position.
CJI: HC has suspended the sentence. We have stayed by it. Now there is suspense whether order is illegal, erroneous etc. Now in this area..HC will be reluctant to hear the main appeal.
CJI: we can set aside the order. HC can decide the appeal or if it's taking time .HC can decide the application for suspension of sentence.
Supreme Court to resume hearing today petitions challenging a 2023 law which excluded the Chief Justice of India from the selection panel to appoint the CEC and other election commissioners.
Bench: Justices Dipankar Datta and SC Sharma
Retd. IAS SN Shukla argues on behalf of Lok Prahari: we have challenged not only section 6,7,8 and also the appointments made there under. The basis is not just the judgement in Anoop Baranwal but proven legal infirmities based on governments own records that I have obtained through RTI.
Court: have you received a copy of the counter?
Shukla: only union of India has filed counter yesterday.
Court: have you received the copy? Please address us on merits.
Shukla: the impugned provisions are ultra vires articles 14 and 324.
Supreme Court remarks on women empowerment and patriarchal mindset in a divorce case between an Army officer (husband) and a dentist (wife) - Thread 🧵
The couple was granted divorce by the family court and the high court on the ground of cruelty and desertion by the wife for starting her own dental clinic away from Kargil, where her husband was posted.
The wife approached the Supreme Court not disputing the divorce, but seeking expungement of findings on cruelty and desertion.
Court: In the present world, where women are making strides in leaps and bounds, merely because the husband was an Army Officer posted in a remote location, the expectation that the wife could not even think of pursuing her career in Dentistry, is indicative of regressive and feudalistic mindset.
Court: It must be emphasised that a well-educated and professionally qualified woman cannot be expected to be confined within the rigid boundaries of matrimonial obligations alone. Marriage does not eclipse her individuality, nor does it subjugate her identity under that of her spouse.
Court: The expectation that a woman must invariably sacrifice her career and conform to traditional notions of an obedient wife meant for cohabitation, irrespective of her own aspirations or the welfare of the child, reflects a line of reasoning that is archaic, ultra-conservative, and cannot be countenanced.
Court: What is portrayed as defiance in the impugned judgments is, in truth, an assertion of independence; what is labelled as desertion is, on a closer scrutiny, a consequence of circumstances shaped by professional commitments.
Punjab minister Sanjeev Arora has approached Punjab and Haryana High Court against his arrest by ED in money laundering case.
A Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry is hearing the matter.
It is absolutely illegal. It is absolute case of political vendetta: Senior Advocate Puneet Bali, representing Arora, submits.
An absolute political orchestrate! Two FEMA raids are made. One against Shri [Ashok] Mittal; he defects, joins the ruling party, no arrest is made: Bali
Solicitor General of India Tushar Mehta’s two books — “The Bench, the Bar and the Bizarre” and “The Lawful and the Awful” — will be launched shortly
Chief Justice of India Surya Kant will preside over the event. Union Home Minister Amit Shah will attend as Chief Guest, while Attorney General for India R Venkataramani will be the Guest of Honour @AmitShahOffice #TusharMehta @Rupa_Books #SupremeCourt
SG Mehta's book launched by Union Home Minister Amit Shah , CJI Kant and AG R Venkataramani
SG Tushar Mehta: There is a particular peculiarity in being an advocate and publishing books on the lighter side of law. It feels rather like a surgeon writing humorously about his own operation theatre.
But I have deliberately, consciously, and purposefully chosen this subject, which is not a subject of just anecdotes or legal jokes or any other humorous book which is available in the market. I have chosen a different genre.
But I must clarify at the outset what these books are not. They are not a treatise. They are not a critique of any particular subject of law. And I have not even pretended to be scholarly while writing this book, the infection which infects almost everyone on this side of the Bar.
What are these two books? It is quite simple. They are a collection of true stories. Nothing is imaginary or fictional. They are a collection of true stories.
Since I am practising in India, and intend to do so for quite a number of years hereafter, I have chosen not to include any instance of Indian sport, Indian jest, or Indian judge. I have just gathered some incidents which would be very, very interesting for all of us to learn.
During mentioning, lawyer tells Calcutta HC his client's name has been excluded from voter list after SIR.
Judge: I cannot list all matters in a single day, sir ... Please wait. Come on 9th
Lawyer: He is a cancer patient.
Judge: Cancer patient? What will happen to the SIR? Is there any relation between SIR and the cancer patient?
Court later takes up another petition challenging another person's exclusion after SIR.
Lawyer: Despite having birth certificate, my school certificate, appointment letter, they have deleted my name.
Judge: What is your prayer?
Lawyer: Prayer is for domicile certificate.
Judge: Domicile certficate? How two prayers in one petition? If you want SIR, then I can dispose of by directing appellate tribunal to dispose off. Your appeal is pending?