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This is so, so, telling.
The Supreme Court registry has zero transparency. There's never an explanation about why crucial civil rights matters never get listed (mob lynching, J&K contempt). Or why they go to judges who regularly hand down pro-executive rulings.

But guess what they're "in the dock" for?
It's good, though. Let it keep getting revealed how feudally this institution functions, with its "master of the roster".
Also, calling bullshit: a matter challenging the *constitutionality* of the Contempt of Courts Act has zilch to do with a regular pending proceeding for contempt before a judge. No reason why this necessarily has to go before Arun Mishra.
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More from @gautambhatia88 see all

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Gautam Bhatia
@gautambhatia88
How the State and its lawyers played the Supreme Court and fired from the shoulders of the judiciary, a thread.

(1/n)
See the MHA Order on the Yatra (h/t: @parasnsingh95) States clearly: ratha construction, no religious congregation. Lockdown guidelines to be followed. And the decision on the Yatra to be taken at the appropriate time, keeping in mind the circumstances.

Very sensible.

(2/n)
In light of this Order, the Government of Odisha had to decide if the Yatra would go ahead or not. They did not.

Instead, a PIL was filed. Asking for a ban on the Yatra. It wasn't challenging the State's authorization, because no authorization was on record.

(3/n)
Read 7 tweets
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Gautam Bhatia
@gautambhatia88
Okay, so I think that the @AamAadmiParty has been copping some unfair criticism for the appointment of the Solicitor General as counsel in the Delhi riots case. A brief thread about my understanding of the legal position (@PrateekKChadha can correct me if I'm wrong.)

(1/n)
@AamAadmiParty @PrateekKChadha The appointment of a Special Public Prosecutor is within the competence of the NCT government. However, the constitutional position is that if the LG "disagrees" with Delhi's council of ministers on an issue, he can refer the dispute to the President for his decision.

(2/n)
@AamAadmiParty @PrateekKChadha When the Supreme Court was hearing the dispute between Delhi and the centre, lawyers for the Delhi government specifically asked the Court to demarcate the range of issues on which the LG could "disagree" with the elected government and refer to the President.

(3/n)
Read 9 tweets
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Gautam Bhatia
@gautambhatia88
Once this critical issue has been discussed, here is another suggestion.

A webinar on "Insulating the Judiciary from Powerful and Influential Senior Advocates."

(1/n)
Empirical research has shown - repeatedly - how chances of success in litigation fluctuate wildly depending on whether or not the litigant has a senior advocate appearing for them - especially in admissions cases, where briefs get tossed aside in seconds. Topical issue.

(2/n)
In his book, Courting the People, Anuj Bhuwania describes how powerful senior advocates were designated amici curae in crucial PILs, and became the drivers of those cases - to the exclusion of the people actually affected, and on whose "behalf" those PILs were apparently filed. +
Read 14 tweets

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