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@barandbench

Aug 1

Supreme Court judges Justice A.G. Masih and Justice Joymalya Bagchi will today interact with law students during a candid conversation on the theme

From Classrooms to Courtrooms: Syllogisms, Stories & Lessons of Life from the Bench, organised by the CAN Foundation as part of the 5th Justice H.R. Khanna Memorial National Symposium

#SupremeCourt

Justice Masih: I wanted to be a manager. Had to do my Mba. Well did not meet the cut off list and here I am.

Justice Masih: If you look at the journey which I have gone through, I think it's been very smooth for me. Knowing none in Chandigarh, because I do belong to Punjab, but I neither stayed there nor studied there, I had no contacts. But it's been such a wonderful journey.

I know that had it not been for God's grace, probably I wouldn't have been where I am today.

But yes, one thing I can say is that although I have had opportunities and I have had chances, the only difference, I think, is that whenever those opportunities came, I grabbed them and gave them a chance to make something of myself. That probably helped me, because I didn't have any contacts.

I am a first-generation lawyer, and a lawyer who didn't want to become a lawyer. I come from a family where none had ever gone to a police station. In fact, my parents never wanted me to be a lawyer.

So, with these odds, I can only say that God has been really kind to me.

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Bar and Bench

@barandbench

Aug 1

Justice Ujjal Bhuyan of the Supreme Court will shortly deliver the keynote address at the launch of "The Judicial Transparency Index: Assessing Disclosure of Information by the Supreme Court and the High Courts," a report by Vidhi Centre for Legal Policy's JALDI initiative.

A panel discussion will follow, featuring Senior Advocates Aditya Sondhi and Saurabh Kirpal

#SupremeCourt @Vidhi_India

launch of "The Judicial Transparency Index: Assessing Disclosure of Information by the Supreme Court and the High Courts," a report by Vidhi Centre for Legal Policy's JALDI initiative released

Justice Ujjal Bhuyan: The report notes that the Indian judiciary has taken significant strides towards greater transparency. However, as we have seen, and as we go through the report, we find that much more needs to be done.
To encourage greater systemic transparency, JALDI has developed the Judicial Transparency Index in 2025, providing baseline standards against which transparency in Indian courts is assessed, thereby hoping to serve as a valuable resource guide for institutional and external stakeholders to strengthen judicial openness.
For the purpose of the Judicial Transparency Index, transparency has been defined as the proactive disclosure of information on court websites that enables the public to assess the court's functioning.
By examining the higher judiciary in the light of the Judicial Transparency Index, and at the same time offering recommendations, the report aims to draw the attention of stakeholders to those areas that require institutional reform.
There are significant areas where a great deal of work can be carried out to strengthen transparency and foster greater openness in courts.

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Bar and Bench

@barandbench

Jul 31

Delhi High Court to hear today Umar Khalid's bail plea in the Delhi riots conspiracy case.

Hearing before a bench of Justices Prathiba M Singh and Vikas Mahajan.
#UmarKhalid #Delhiriots

Bench assembles.

Matter taken up.

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Bar and Bench

@barandbench

Jul 30

[Bombay High Court hearing constitutional validity of a provision in the Income Tax (IT) Act that grants tax exemption on gifts exchanged between “spouses"]

Solicitor General Tushar Mehta of a petition filed in Karnataka High Court praying for a similar relief.

SG: The plea is verbatim same. The lawyer for the petitioner here, is appearing there also. The learned ASG of Karnataka has started arguments and matter has remained part-heard. So, I have called for those papers so that our affidavits may not clash. Since that is part-heard and the counsel is common, I would request to have this on some other day.

#BombayHighCourt #IncomeTax #SameSex

Advocate Dhruv Janssen-Sanghavi for the petitioners: The issue over there is identical in many ways, but slightly different in the in terms of the facts. But I do not think that bars one high court from deciding the issue.

#BombayHighCourt #IncomeTax #SameSex

Division bench of Justices BP Colabawalla and FP Pooniwalla: You are talking about interpretation of a central act. What can happen is, we take a decision, Karnataka High Court takes a decision, and then there is complete chaos because at the end of the day, the implementation is of a central act. Let us say Bombay takes a decision in favor of the petitioner. The Income Tax authorities in Maharashtra will have to implement giving deductions as per the law laid down by us. Karnataka High Court, the Income Tax authorities will follow what the law is laid down by the Karnataka High Court. And then, Gujarat, where no such petition is filed, or Madras, where no such petition is filed, they will not know whether to follow Karnataka or whether to follow Bombay.

#BombayHighCourt #IncomeTax #SameSex

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Bar and Bench

@barandbench

Jul 30

Supreme Court to shortly resume hearing petitions challenging the 2023 law that replaced the Chief Justice of India with a Cabinet Minister on the selection panel for appointing the Chief Election Commissioner and Election Commissioners.

Bench: Justices Dipankar Datta and SC Sharma

Hearing expected to commence at 2pm.

AG R Venkataramani appears for the Union of India.

Venkataramani reads from the top court’s Anoop Baranwal judgement - which said that CJI being part of the selection panel was only meant to fill a legislative vacuum, before the parliament passes a law (the parliament then passed the 2023 law and replaced the CJI with a cabinet minister in the selection panel).

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Bar and Bench

@barandbench

Jul 30

Supreme Court hears plea against the use of Pellet guns on protesting students at Jantar Mantar and other areas

Adv Vrinda Grover: It has a kinetic metallic projectile

Justice Joymalya Bagchi: But police rules allows the use in exceptional circumstances unless you challenge the rules itself.. one of the steps of graded approach is use of pellet guns

Grover: Give me 2 minutes. there can be rubber, plastic and metallic pellets. These were metallic and recovered from the bodies. Nature of the crowd will determine use of this as well. Was it a violent mob? No. These metallic pellets were fired.

@CPDelhi @Cockroachisback #SupremeCourt

Justice Bagchi: We are not averse to examine use of pellets in an individual use. you have to show us if graded response use of pellets can be allowed when even bullets are used in some situations. If your convict uses a bullet...

CJI: in light of alleged excessive use.. your prayer should be that court lays down a protocol regarding the use

Grover: Yes only metallic pellets

Justice Bagchi: In Calcutta HC there was a rule that bullets should be fired at the chest to preserve amunition and not any other body area

SG: must be some colonial era..

Justice Bagchi: that rule was struck down. So you have to show us rules where use of pellets is arbitrary, etc.

Adv Grover: Even the DPRD document which I have was accessed by a RTI.

Justice Bagchi: must be there the archive. If not, then that is not done. It has to be there..

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