#JusticeSunandaBhandareLecture: Justice Sunanda Bhandare was one of the earliest feminist voices both at the Bar and the Bench, says Upendra Baxi.
#JusticeSunandaBhandareLecture: Upendra Baxi: Much before Shah Bano, Sunanda Bhandare had filed a maintenance plea in Bai Tahira's case. It came before Justice Krishna Iyer whose views were reconfirmed in Shah Bano.
#JusticeSunandaBhandareLecture: Upendra Baxi: It is an amazing achievement to have 25th memorial lecture. This lecture has saved Justice Sunanda Bhandare from unjust amnesia.
#JusticeSunandaBhandareLecture: Upendra Baxi: Doctrine of Basic Structure is long term to say, so I will abbreviate it to BS. Whether BS is in a good sense or not is for you to decide.
#JusticeSunandaBhandareLecture: Upendra Baxi: State was all male. Judiciary, Executive, Legislature was all male. Even when we speak about Constituent Assembly, we remember males and not the women in the Constituent Assembly.
#JusticeSunandaBhanadareLecture: Upendra Baxi: No institution is sovereign. Every institution in India is supreme in its own sphere and that is the message of Basic Structure.
#JusticeSunandaBhandareLecture:
Upendra Baxi: In the context of women's rights, the first incursion into Basic Structure came in the case of Vishaka.
Not a single time is the word Basic Structure mentioned in the judgment though.
Upendra Baxi: However, Vishaka refers to various cases on Article 21 which is based on substantive due process. Vishaka is thus the first instance of feminisation of Basic Structure.
#JusticeSunandaBhandareLecture:
"I dont know why judges write such long decisions," says Upendra Baxi and turns to AG KKVenugopal.
"Venu, why does Bar not protest against this", asks Baxi.
"Why did court strike it down? Because of its manifest arbitrariness. And what is manifest arbitrariness - it hits Basic Structure
Thus Triple Talaq judgment is an instance of feminisation of Basic Structure
#JusticeSunandaBhandareLecture: Upendra Baxi now refers to his stance on Constitutional morality and how it conflicts with the stance of AG KK Venugopal.
#JusticeSunandaBhandareLecture:
Constitutional morality is a part of Basic Structure. It flows from Basic Structure. Overruling Constitutional morality is overruling Basic Structure, says Upendra Baxi.
It is an astonishing judgment. It tries to defeminise Basic Structure by referring cases to 7-judge Bench. Never seen such a step in the history of Supreme Court.
#JusticeSunandaBhandareLecture: Attorney General KK Venugopal once again says he is not in agreement with Constitutional morality. It is an unruly horse.
#JusticeSunandaBhandareLecture: Look at PIL judgments of SC. They legislate using it. And now with Constitutional morality, court will now use it to justify anything, says Venugopal.
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One of the most depressing stories to come out of court in recent times.
Man killed by police on ground that he was dacoit. Media also publishes the photo of the deceased as dacoit. Policemen involved are rewarded for the killing. But….(1/n)
The real dacoit found to be very much alive and in jail. The mother of the deceased man moves High Court for CBI probe. Police admit in court that the dacoit is alive but single-judge of HC still declines CBI probe. Hands over case to Police itself to probe fake encounter (2/n).
Mother moves Division Bench in appeal. Meanwhile, Police file closure report in the fake encounter but the investigating officer does not even find time to appear before the trial court after closure report is filed. (3/n)
Sudarshan News and media regulation: Hearing commences before Supreme Court.
Centre has filed a fresh affidavit calling for regulation of digital media before the court takes up issue of regulation of TV channels.
Senior counsel Mukul Rohatgi is appearing on behalf News Broadcasters Federation which has sought impleadment in the matter.
Rohatgi says NBF is the largest body of tv channels in India with 160 members from different parts of the country.
He submits News Broadcasters Association is not representative of news channels and seeks permission to file an affidavit to put forth a self-regulatory mechanism.
Hearing against Sudarshan News commences before the Supreme Court.
Sanjay Hegde enters appearance on behalf of Zakaf Foundation of India.
"I have a watching brief in this matter. We are not a party to this matter," says Hegde.
Justice DY Chandrachud tells Hegde that Sudarshan News has raised substantial issues against Zakaf Foundation.
"But we are not here to investigate into your client. But Sudarshan News has sought to justify their programme on the grounds of your source of funding"
Sudarshan News and UPSC Jihad: Hearing commences before Supreme Court.
Sr. Counsel Anoop Chaudhuri appearing for petitioner says Sudarshan news has filed an affidavit with vague allegations and submits he wants to file a rejoinder.
Shyam Divan says it was difficult to file a detailed affidavit in two days. We (lawyers) are all in different locations.
We were ambushed by various applications/ interventions, he submits.
Sudarshan News files affidavit before Supreme court defending its programme Bindas Bol and the use of the term "UPSC Jehad".
The affidavit largely focuses on foreign funding received by Zakat Foundation, an orgnisation which supports civil service aspirants.
Sudarshan News has claimed that some such funds received by Zakat Foundation are from terror-linked organisations.
The organisations/ individuals named in the affidavit are Madina Trust, Muslim Aid (UK), Zakat Foundation of America and Zakir Naik
The affidavit says the TV channel has no ill-will against any particular community or individual and do not oppose selection of any meritorious candidate
"There is no statement or message in the four episodes broadcast thatmembers of a particular community should not join UPSC"