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Bar and Bench

@barandbench

May 10

Solicitor General of India Tushar Mehta’s two books — “The Bench, the Bar and the Bizarre” and “The Lawful and the Awful” — will be launched shortly

Chief Justice of India Surya Kant will preside over the event. Union Home Minister Amit Shah will attend as Chief Guest, while Attorney General for India R Venkataramani will be the Guest of Honour @AmitShahOffice #TusharMehta @Rupa_Books #SupremeCourt

SG Mehta's book launched by Union Home Minister Amit Shah , CJI Kant and AG R Venkataramani

SG Tushar Mehta: There is a particular peculiarity in being an advocate and publishing books on the lighter side of law. It feels rather like a surgeon writing humorously about his own operation theatre.

But I have deliberately, consciously, and purposefully chosen this subject, which is not a subject of just anecdotes or legal jokes or any other humorous book which is available in the market. I have chosen a different genre.

But I must clarify at the outset what these books are not. They are not a treatise. They are not a critique of any particular subject of law. And I have not even pretended to be scholarly while writing this book, the infection which infects almost everyone on this side of the Bar.

What are these two books? It is quite simple. They are a collection of true stories. Nothing is imaginary or fictional. They are a collection of true stories.

Since I am practising in India, and intend to do so for quite a number of years hereafter, I have chosen not to include any instance of Indian sport, Indian jest, or Indian judge. I have just gathered some incidents which would be very, very interesting for all of us to learn.

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Bar and Bench

@barandbench

May 7

During mentioning, lawyer tells Calcutta HC his client's name has been excluded from voter list after SIR.

Judge: I cannot list all matters in a single day, sir ... Please wait. Come on 9th

Lawyer: He is a cancer patient.

Judge: Cancer patient? What will happen to the SIR? Is there any relation between SIR and the cancer patient?

Court later takes up another petition challenging another person's exclusion after SIR.

Lawyer: Despite having birth certificate, my school certificate, appointment letter, they have deleted my name.

Judge: What is your prayer?

Lawyer: Prayer is for domicile certificate.

Judge: Domicile certficate? How two prayers in one petition? If you want SIR, then I can dispose of by directing appellate tribunal to dispose off. Your appeal is pending?

Read 27 tweets

Bar and Bench

@barandbench

May 4

Supreme Court bench of CJI Surya Kant and Justice Joymalya Bagchi to hear it's suo motu case on Odisha High Court bail order which had a condition for cleaning police stations
#SupremeCourt

Adv for the state: Learned Advocate General of Odisha is logged in

CJI: Okay Dr Acharya.

CJI: unfortunately the HC as well as some district courts while granting bail in odisha is imposing conditions which is obnoxious and bringing a bad name to the image of judiciary.

CJI; we do not expect the judiciary to act and behave in 2026. We spent 76 years for the liberty and this is how are repaying !

Adv Rishav Ranjan: this is a timely intervention

Read 7 tweets

Bar and Bench

@barandbench

Apr 30

ASG Aishwarya Bhati: With profound pain we have to mention this curative. This curative is from AIIMS. Termination of pregnancy is not possible. It will be a live baby with severe deformities. Minor mother will have life long health issues and cannot reproduce. I am sorry I am not composed..

CJI Surya Kant: if the mother does not have permanent disability then it should be carried out. This is a case of child rape. Victim will have lifelong scar and trauma. This is foetus vs child fight.

ASG: this is not foetus vs child fight. This is in best interest of child. Minor mother will have life long health issues.

CJI: Even if she has complicated marital life later..is this pain more or that one.

ASG: this child can be given for adoption. It has been 30 weeks now..it is a viable life now.

CJI: the first judgment of this country on this was delivered by me. If supreme court had not stayed it..it would have been law now. Justice Augustine Masih was on bench with me then. Later SC reversed its own ruling. There are children for adoption. In this country we have lot of sympathies... There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15 year old child.

CJI: This is a curative. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this.

ASG: just four more weeks.. it will be better for the child mother.

CJI: my sister must have seen all this

Premature delivery and foeticide are the two things which has to be done now..it's injecting the foetal heart: ASG

Read 13 tweets

Bar and Bench

@barandbench

Apr 30

#BREAKING Plea in Calcutta High Court challenges ECI decision to deploy only employees of Central government and PSUs as counting supervisors.

Senior Advocate Kalyan Bandopadhyay mentioned the matter. To be heard at 2 PM.

Hearing is ongoing before Justice Krishna Rao

Senior Advocate Kalyan Bandopadhyay, representing Trinamool Congress, said the Chief Electoral Officer had no jurisdiction to pass such order.

"Why are you [ECI] insisting on central government employees who are not involved in the process... is it for particular one party. Why did you [ECI] not disclose," Bandopadhyay said.

Read 36 tweets

Bar and Bench

@barandbench

Apr 28

[Day 9: Sabarimala Reference]

Supreme Court nine-judge bench to resume hearing submissions around key issues regarding religious freedom (Articles 25/26), judicial review of faith-based customs, and the 2018 Sabarimala verdict

#Sabarimala #SupremeCourt

Adv Nizam Pasha begins submissions

Adv Pasha: The reason we were constrained to file this intervention application is because a writ petition came to be filed before the Delhi High Court following the Sabarimala judgment. The petitioner, a law student who had come to Delhi for an internship, visited the Hazrat Nizamuddin Dargah and was stopped from entering the sanctum sanctorum, the small enclosure where the grave is housed. She claimed that this was a violation of her rights as declared in Sabarimala.
The relief sought before the High Court was a declaration that the practice of prohibiting women from entering the sanctum sanctorum of the Hazrat Nizamuddin Dargah is illegal and unconstitutional.
This raises the issue which has been troubling the Court, namely whether a complete third party, a non believer, can enter a place of worship and demand that matters of faith must yield to their individual claims. This is a stark example of such a situation.

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