"And rule of law requires arrest, trial and conviction. We can understand that here you say that the accused challenged the authority of the police but as a state, there has to be a rule of law," #CJI adds.
The bench asks SG Tushar Mehta, representing the state, if UP is willing to include a retired #SupremeCourt judge and a former senior police official in the judicial inquiry.
Mehta asks for some time to come back with instructions later in the day.
Sr adv Sanjay Parikh, appearing for PUCL, reads out statements by #CM@myogiadityanath
on encounter. He says state can't be trusted with a probe and presses for an independent inquiry.
CJI tells him the larger issue can be heard later.
Sr adv Harish Salve appears for UP DGP: "This matter is qualitatively different from Telangana encounters.Even policemen have fundamental rights. Can police be accused of excessive force when it is engaged in a live encounter with a dreaded criminal? Dubey slaughtered cops."
Salve: We can't keep demoralise the police force
#CJI: Strengthen the rule of law and police force won't ever be demoralised.
#SupremeCourt questions UP Govt: "We are appalled that Dubey with so many cases was released on bail. Give us an accurate report of all the orders...This shows the failure of the system."
#UttarPradesh Govt agrees to reconstitute the judicial inquiry committee with inclusion of a retired #SupremeCourt judge & a former senior police officer.
SG Tushar Mehta agrees to submit notification on the new committee in two days.
"It is not only one incident that is at stake. What is at stake is the whole system," #CJI tells Mehta.
UP Govt agrees to reconstitute the committee. A draft notification will be submitted in the #SupremeCourt with the names and then the bench will pass orders.
#CJI to SG Tushar Mehta: "Also look into the statements made by the CM, Deputy CM. If they have made certain statements and then something has followed, you should look into this."
Sadhguru's Isha Foundation moves the #SupremeCourt, challenging the Madras HC order that led to police personnel entering the ashram to conduct inquiries. Central government supports the petition.
Sr adv Mukul Rohatgi seeks an urgent hearing today.
Rohatgi to SC: There's someone behind all this. The habeas corpus petition filed by the mother of two women, who are now monks, was disposed of 8 years ago. Now, the father comes back and despite the monks expressing their desire to stay put, the high court ordered inquiry.
#CJI enquires if the two women are online.
Rohatgi says the women are connected online and are willing to make a statement right away.
#SupremeCourt reproaches the #Kerala Govt over #lockdown relaxations owing to #Bakrid. SC calls it shocking state of affairs that the state government gave in to pressure groups.
SC adds affidavit by the #Kerala Govt is alarming & doesn't in real manner safeguards right to life guaranteed to all the citizens of #India.
#SupremeCourt underlines if there is any spread of the infection due to the relaxations by the #Kerala Govt owing to #Bakrid, any person can bring it to the notice of the court which will then take appropriate action.
Hearing to commence before the #SupremeCourt on suo motu on the #KanwarYatra.
An application has been filed in this matter by @pkdnambiar against relaxation of lockdown norms in #Kerala for #Bakrid celebrations.
Hearing begins. Court goes through the latest affidavit by the #UttarPradesh Govt, cancelling the #KanwarYatra.
Sr adv CS Vaidyanathan reads out the affidavit that states that kanwar sanghs have themselves decided not to have the #KanwarYatra & hence, no orders from the state disaster management authority is required.
Of 527 pages on acquittal of Tarun Tejpal, #Goa judge Kshama M Joshi has used around 400 pages, dissecting testimony of the complainant in arriving at how an 'educated journalist' should've known whether she 'pulled up' her underwear or 'picked up'.
Goa court scans the complainant's phone & messages to note that "it was entirely the norm" for her to have flirtatious relationships & sexual conversations with friends & acquaintances.
Since she refused to give access to her email citing concerns of privacy when her phone details had already been used to humiliate her over her personal details, #Goa judge holds that she "wants to hide something."
#SupremeCourt issues notices to #WestBengal Govt & Centre on a PIL for a SIT probe into post-poll violence in the state & massive displacement of people.
SC also seeks responses from national commissions for women & children on providing relief in camps etc. Next hearing in June
Another petition filed by families of two #BJP supporters allegedly killed by #TMC workers will also be taken up by the #SupremeCourt later today.
#WestBengal Govt, through sr adv Sidharth Luthra, points out that post-poll violence matter is already pending before a five-judge bench in the #Calcutta HC and hence, the #SupremeCourt may not need to hear this matter at this juncture.
#SupremeCourt commences hearing of its suo motu proceedings on ameliorating the conditions of migrant workers during the #COVID19 induced #lockdown.
It expresses displeasure at Centre not submitting its affidavit in time.
"You were directed to file your affidavit a day before the hearing but you have done it just now. Our orders are meant to be compiled with," SC tells Centre.
Adv Prashant Bhushan, appearing on behalf of some activists, addresses the shortcomings in replies filed by states.
SC clarifies it hasn't directed states to grant cash transfer in lieu of dry ration after Bhushan mentions that court also wanted to know about cash transfers.
As he talks about cooked food, SC observes the situation doesn't appear to be as grave as last year for migrant workers