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Bar and Bench

@barandbench

Jul 20

[Facilities for retired HC judges]

CJI: There is lack of uniformity in facilities for retired judges. Some states are giving all that is needed. But some states do nothing at all

Justice Bagchi: Security of one police officer for five years is reasonable for a high court judge..because they deal with sensitive issues also.

CJI: See the clause Rs 15,000 for secretarial services, security, travel etc

Adv: Yes the multiplier is low. But we are giving 50,000 also

CJI to SG Mehta: The govt should constitute a committee.. the issue is some basic amenities to be provided for HC judges. There is a need for uniformity. Centre can prescribe some norms as centre also releases some funds. If centre does not constitute then we have to

CJI: It appears that the Union of India is also a rightful stakeholder, especially when we expect that a part of the differential burden ought to be shared by the Union and the States in a defined manner.
There can indeed be no doubt that these facilities must be ensured on a uniform basis, as there is no reason whatsoever for such amenities to vary from State to State.
Keeping this perspective in mind, we have impressed upon the Union of India to constitute a committee to lay down uniform guidelines and also the manner and mechanism for financial assistance.
Such a committee shall be constituted within two weeks. Thereafter, the committee shall submit its recommendations to the Union of India and also place the same before this Court within three months from the date of its constitution.
List this matter after three months.

Sr Adv Amit Sharma: On the last occasion, Your Lordships had directed all the High Courts to file affidavits indicating whether they were facing any difficulty pursuant to the directions passed by this Hon'ble Court. All the High Courts have filed their compliance affidavits.
I would only request that the learned Amicus prepare a compilation of those affidavits and place it before this Hon'ble Court, so that if any further directions are required, the Court may consider passing them

Read 4 tweets

Bar and Bench

@barandbench

Jul 19

Delhi High Court to hear at 2:30 pm the plea filed by Gitanjali Angmo, the wife of activist Sonam Wangchuk, seeking to declare his confinement at Safdarjung Hospital as unconstitutional and permit transfer to a hospital of his choice.

The urgent hearing will take place before Justice Mini Pushkarna.

The hearing will commence at 3pm. Solicitor General Tushar Mehta, Additional Solicitor General Chetan Sharma and Standing counsel Ashish Dixit are likely to appear.

Read 34 tweets

Bar and Bench

@barandbench

Jul 16

Case of attack on a supreme court lawyer [Pankaj Sharma vs State of NCT]

AG R Venkataramani: I have said let him be taken to a government hospital. Let a medico legal report be taken so that his injuries can be ascertained. I acted in his best interest.

Sr Adv Vikas Singh: No as an attorney general you should have done more

CJI: There was a sharp object...

AG: That is what.. they say he brushed against a wall.. That is why I said medico legal report needed

Justice Bagchi: See intention is important in such cases and not the gravity of the injury. Injury is on a vital part of the body.

Sr Adv Singh: Status report is saying that a compromise is being forced.

Sr Adv Vikaas Pahwa: The accused RWA president is being protected by the local police

Singh: Crime branch should investigate...if section 109 is not attracted here then what else

Sr Adv Siddarth Dave: This lawyer regularly appears before this court.

Justice Bagchi: The investigating officer has to give the widest possible berth and then go for the medical opinion.

Adv: But arrest has to be there now

Justice Bagchi: Arrest? Why arrest ? Now next time you make an anticipatory bail plea..we will say arrest all accused

Adv laughs

Justice Bagchi; what are you all saying. You all are officers of this court

Read 5 tweets

Bar and Bench

@barandbench

Jul 16

Delhi High Court is to hear the Central and Delhi government's stand on the public interest litigation (PIL) seeking directions to provide medical aid to activist Sonam Wangchuk who is on a hunger strike at Jantar Mantar in Delhi.

The matter was listed before the bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.

During yesterday's hearing, the Court had asked the Additional Solicitor General and Delhi government's standing counsel to take instructions on the PIL raising concern regarding Wangchuk's health deterioration.

Read 15 tweets

Bar and Bench

@barandbench

Jul 14

Supreme Court hears the case where it had barred YouTuber Ranveer Allahbadia from airing shows following FIRs over offensive comments made on Samay Raina's show India's Got Latent.

However the bar was later lifted stating petitioners will create shows for disabled to create awareness

Adv Aparajita : Now we find it distasteful to ask for his show. He is calling a few of such disabled to some physical locations and do shows..People like samay Raina is apparently a youth icon. I shudder to think so.

SG Mehta: Our youth has better icons.

CJI: We have no reason to believe that Samay Raina has taken the court for a ride and has brazenly violated the orders of this court. The misconduct is further compounded stating that an affidavit is filed when nothing is on record. Thus we impose cost of Rs 10 lakhs to be deposited within 2 weeks.

SG Mehta speaks about the opening scene of the show, Samay actually hangs a "Nimbu-Mirchi" (lemon and chili totem) on the stage as a superstition to ward off "bad vibes" and prevent the show from getting cancelled or into trouble.

SG: it was very clear what is he targeting or speaking about.

CJI: If you don't know how to mend your ways or respect sentiments of the society members then you have to face consequences.

Read 8 tweets

Bar and Bench

@barandbench

Jul 9

Sonam Raghuvanshi case: Supreme Court to shortly hear State’s plea challenging Sonam’s bail by the Meghalaya High Court.

Bench: Justices Manoj Misra and Shree Chandrashekhar

#SonamRaghuvanshi #SupremeCourt

Sonam is accused for the murder of her husband Raja Raghuvanshi during their honeymoon last year. She was granted bail by a trial court, which was upheld by the High Court.

Read here: barandbench.com/news/litigatio…

Hearing begins

SG Tushar Mehta: this is a very serious case. Bail was granted on the ground that grounds were not supplied but at the time of arrest there is record that they were supplied.

Court: so far as the supply of written grounds is concerned….

Mehta: it was supplied. Only objection was section 403 was written instead of section 103.

Court: we will consider this at length. We will also see if this requires to be referred to a larger bench or not. There is Bansal’s judgement and Mihir Rajesh. There’s a conflict which is arising between various coordinate bench judgements. This would require arguments.

Mehta: there is no question of conflict. Written grounds are also supplied. It is very clear. Just with one typographical error.

Read 5 tweets

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