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Bar and Bench

@barandbench

Feb 26

Supreme Court hears the controversy around establishment of a crematorium near the Isha Yoga Center in Coimbatore

Adv Prashant Bhushan: the community that stays there... do not burn but bury bodies.. now Isha foundation is saying come to this land ..burn body and attain moksha. They are bringing the bodies from Coimbatore and burning it here. They are local tribals..

CJI Surya Kant: Burial has become an expensive affair. Isha Foundation is not a religious service. They are doing some pious work. Its a good work also ..these bodies.. did you sell this land to them? You can only claim that you sold for lawful activity.. but you cannot dictate it to them... Let them find a suitable place for you and compensate you so that you have better living conditions.

Justice Bagchi: this was done to stop the unregulated cremation of bodies.

Bhushan: this violates my fundamental right with the stench coming always...

Sr Adv Mukul Rohatgi: what is Mr Bhushan saying.. lodhi road crematorium is just beside homes..

Bhushan: there are no homes

Roahtgi: what about birbal road and jangpura...

Justice Bagchi: perhaps you should see my more unplanned city... which is right beside the Ganges and homes there as well.

CJI: On our suggestion parties are agreeable to explore a possibility of amicable solution .. so that a compensation can be paid to purchase a residential house at another place of his choice. we urge the parties to settle their dispute amicably. #SupremeCourt

Read 4 tweets

Bar and Bench

@barandbench

Feb 26

Supreme Court to shortly hear The it's Suo Motu case over a “selective reference” in a Class 8 textbook, published by the National Council of Educational Research and Training (NCERT), about “corruption” in the judiciary
#SupremeCourt #CorruptionInJudiciary #SuoMotu

After the CJI Surya Kant led bench
expressed strong reservations against such a chapter, NCERT on Wednesday apologised for what it termed a “purely unintentional” inclusion of “inappropriate material” in a Class 8 Social Science textbook and halted its circulation #NCERT

CJI led bench assembles

#SupremeCourt #CorruptionInJudiciary #SuoMotu

Read 22 tweets

Bar and Bench

@barandbench

Feb 24

Suo Motu: Remediation of Polluted Rivers

CJI Surya Kant: Is it possible for this court to look at all polluted rivers? We can look at it one by one. We also keep entertaining so many matters and issue directions. .. we also have to see that we entertain matters together. Why to have a multiplicity of issues like this ?

CJI: These suo motu proceedings were initiated by this court pursuant to an order in 2021. The original matter dealt with increased level of pollution in Yamuna river...which led this court to take suo motu cognizance of polluting rivers with sewage affluents. This court considered due to contamination of River Yamuna.. it should be the first issue dealt with. Notices were issued to Uttarakhand, Haryana, Himachal, UP and Delhi and Union of India. There is no gainsaid that Right to live in hygienic conditions with human dignity with clean environment is embodied in Article 21.

CJI: Effect of pollution of water on human health drew attention of this court. Under the legislative scheme (water), CPCB and the SPCB were statutorily obligated to take all necessary measures to ensure that sewage affluent is not discharged into rivers unless it is completely treated and will not deteriorate the quality of water.

Read 7 tweets

Bar and Bench

@barandbench

Feb 24

#SupremeCourt to hear petitions assailing the #SIR process in West Bengal

Development: Following SC's recent order for deployment of judicial officers to ensure completion of SIR in WB the Calcutta HC has decided to cancel the leaves of all judicial officers @MamataOfficial

CJI Kant: Chief Justice of HC has sent a report. The total human resource deployed is shown. He says there is not much resources.. around 226 retired officers and after adding some more it's 294. Now going by the calculation.. if one officer decides 250 objections.. then it will take 80 days. All servicing civil judges will also be permitted now. That is the way out. Retired officers and serving ones from Odisha and Jharkhand will also be added now.

Sr Adv Kalyan Banerjee: Only NDPS and POCSO court judges have been requisitioned and not the civil judges. If judges from different states come they will not understand Bengali.

CJI: let us go by History. Atleast the states were a part of it at one point of time. So they understand the dialect atleast

Read 14 tweets

Bar and Bench

@barandbench

Feb 20

#BREAKING : Supreme Court comes down hard on the probe in the 2022 murder case against YSRCP MLC Ananta Uday Bhaskar

CJI Surya Kant: “This is a clear casr of the nexus of Police and power. Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) CrPC to the appellant on a platter…”
#SupremeCourt

CJI Surya Kant: Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) crpc to the appellant on a platter though HC did not grant the same.
Thus this appeal. He is enjoying interim bail from the last two years.

CJI: Senior Advocate Luthra informs that a supplementary chargesheet has been filed which shows laxity if not complicity with the state police with the accused exhibiting the grossest negligence in the matter of investigation of a heinous offence. In order to strike balance between right to liberty and right to fair trial.

Read 4 tweets

Bar and Bench

@barandbench

Feb 16

Supreme Court to hear petitions seeking the registration of FIR into instances of alleged communal speeches attributed to Assam Chief Minister Himanta Biswa Sarma and a social media post, since deleted, depicting him discharging a firearm toward an animated image of two Muslim men @himantabiswa #SupremeCourt

SG Tushar Mehta: There is a factual development

Passover sought as Sr Adv AM Singhvi is in another court

Matter to be taken up shortly

CJI: call him

CJI: why have you not gone to the HC unless HC also has become a ground for political battle.

Singhvi: this affects the fundamental rights under Article 14,15 and 21. If this case cannot come here then this court has to determine what is the contour of article 32. We are seeking a SIT and what SIT in Assam can do against Boss of Assam. There is a list of 17 cases before you where have ordered this in much weaker.

CJI: We will ask political parties to use restraint and be within the boundaries of constitutional morality. But this is becoming a trend just before the elections.

Singhvi: he is a habitual and repeated offender. This would be the ideal case for SC to exercise it's article 32 power. There are examples of Bilkis Rasool , Vinod Dua etc.

Read 12 tweets

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