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Bar and Bench

@barandbench

Sep 9, 2020 • 19 tweets • 16 min read • Read on X

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@advocate_alakh

[NEET EXAMS]

A Justice Ashok Bhushan led bench of the Supreme Court to hear a batch of petitions today seeking to postpone the NEET-UG exams set to be held on September 13.

@advocate_alakh @anubha1812
#NEETisSocial_Injustice
#SupremeCourt
#neet2020postpone
#ExamsInCovid

@advocate_alakh

There are three cases listed. Lead case of Keshav Maheshwari is set to be argued by @advocate_alakh .. the other two of Arijit Sau and Pragya Pranjal too seeks to postpone NEET-UG exams. Pleas filed through @anubha1812

#NEET2020
#neetpostpone
#SpeakUpForStudentSafety

@advocate_alakh

Item 6 is being heard at the moment by the 3 judge bench
Item 10 (NEET) matter to come up in a bit

@advocate_alakh @anubha1812 @MPKTSTulsi
#NEETisSocial_Injustice
#SupremeCourt
#neet2020postpone
#ExamsInCovid

@advocate_alakh

[𝗛𝗲𝗮𝗿𝗶𝗻𝗴 𝗯𝗲𝗴𝗶𝗻𝘀 in NEET case]

@advocate_alakh @anubha1812 @MPKTSTulsi
#NEETisSocial_Injustice
#SupremeCourt
#neet2020postpone
#ExamsInCovid

Senior Advocate Arvind Datar: NEET exams are starting on Sept 13. We are asking for a postponement.

Justice MR Shah: Mr. Datar, exams will start in a Few days

Datar seeks to Submit before the Court to highlight the practical difficulties

#NEETisSocial_Injustice

Justice MR Shah: Mr. Datar, all arrangements will be made for the #NEET exams

Arvind Datar refers to UGC judgment by #SupremeCourt

Datar seeks to highlight the example of Bihar where there are only 2 exam centres

SC observes that there cannot be different dates for different States.

SC: Whatever date is fixed, there might be some difficulty

Datar urges for the exam to be considered to be postponed by three weeks

SC points out that a review petition was also dismissed

@MPKTSTulsi

Senior Advocate KTS Tulsi arguing for petitioners: #COVID19 cases are increasing and now there are 90,000 daily case.

Tulsi shows example of the Bombay HC's recent order where the JC said those who could not appear for the exam should be appropriately considered @MPKTSTulsi

@MPKTSTulsi

Justice Ashok Bhushan: Whether the students should be considered or not is for the body to decide not for this Court to pass directions on

@MPKTSTulsi cites the Disaster Management Act and says that the students are at a high risk of contracting the virus

Senior Adv Tulsi cites Article 21

Advocate Shoeb Alam now arguing: My petition (Arijit Sau) is different from the petitions so far and is not seeking for deferment of the exams

Alam: I want to point out some lacuna in the guidelines issued by the NTA

#neetjeeaspirants

Advocate Shoeb Alam refers to the guidelines and advisory which provides for students in containment zones etc to take the exam later on

#NEETisSocial_Injustice
#NEET_IN_OCTOBER
#speakforstudentsafety

Adv Shoeb Alam cites the Standard Operating Procedure issued which are applicable for all exams

#NEETisSocial_Injustice
#NEET_IN_OCTOBER
#speakforstudentsafety

The three-judge bench observes that the concerned authorities will take all the necessary precautions for the safety of students

Adv Shoeb Alam: (On admit cards) I'm praying that it may be used as a curfew pass

#NEET_IN_OCTOBER
#NEETisSocial_Injustice

Adv Shoeb Alam Alam prays that there might be some facilitation for aspirants to reach the exam centres.

Alam: The local authorities may be directed to ensure that the guidelines are enforced

SC: All this will be done

Adv Shoeb Alam: A slight nudge from your lordships will go a long way. At a time when there is a cap on large gatherings, there are hundreds of students who have to go out to take the exams so a direction from the Court will go a long way

#COVID19
#ExamsInCovidASuicide

Advocate Neela Gokhale seeks to make submissions.

SC cuts short her argument.

SC "We are not inclined"

#neet2020postpone

@advocate_alakh

𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐫𝐞𝐟𝐮𝐬𝐞𝐬 𝐭𝐨 𝐞𝐧𝐭𝐞𝐫𝐭𝐚𝐢𝐧 𝐟𝐫𝐞𝐬𝐡 𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧𝐬 𝐬𝐞𝐞𝐤𝐢𝐧𝐠 𝐭𝐨 𝐩𝐨𝐬𝐭𝐩𝐨𝐧𝐞 𝐍𝐄𝐄𝐓 𝟐𝟎𝟐𝟎 𝐞𝐱𝐚𝐦

#NEETisSocial_Injustice
#NEETpostpone
@advocate_alakh
@anubha1812
@MPKTSTulsi

Supreme Court hears pleas concerning NEET 2020 [LIVE UPDATES]
#neetJEE2020 #NEETisSocial_Injustice
barandbench.com/news/litigatio…

@anubha1812

Breaking: Supreme Court refuses to interfere in fresh pleas seeking to postpone NEET 2020 amid COVID-19

#NEET #NEETisSocial_Injustice #neetpostpone2020 @anubha1812 @advocate_alakh @MPKTSTulsi
barandbench.com/news/litigatio…

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More from @barandbench

Bar and Bench

@barandbench

Aug 1

Supreme Court judges Justice A.G. Masih and Justice Joymalya Bagchi will today interact with law students during a candid conversation on the theme

From Classrooms to Courtrooms: Syllogisms, Stories & Lessons of Life from the Bench, organised by the CAN Foundation as part of the 5th Justice H.R. Khanna Memorial National Symposium

#SupremeCourt

Justice Masih: I wanted to be a manager. Had to do my Mba. Well did not meet the cut off list and here I am.

Justice Masih: If you look at the journey which I have gone through, I think it's been very smooth for me. Knowing none in Chandigarh, because I do belong to Punjab, but I neither stayed there nor studied there, I had no contacts. But it's been such a wonderful journey.

I know that had it not been for God's grace, probably I wouldn't have been where I am today.

But yes, one thing I can say is that although I have had opportunities and I have had chances, the only difference, I think, is that whenever those opportunities came, I grabbed them and gave them a chance to make something of myself. That probably helped me, because I didn't have any contacts.

I am a first-generation lawyer, and a lawyer who didn't want to become a lawyer. I come from a family where none had ever gone to a police station. In fact, my parents never wanted me to be a lawyer.

So, with these odds, I can only say that God has been really kind to me.

Read 15 tweets

Bar and Bench

@barandbench

Aug 1

Justice Ujjal Bhuyan of the Supreme Court will shortly deliver the keynote address at the launch of "The Judicial Transparency Index: Assessing Disclosure of Information by the Supreme Court and the High Courts," a report by Vidhi Centre for Legal Policy's JALDI initiative.

A panel discussion will follow, featuring Senior Advocates Aditya Sondhi and Saurabh Kirpal

#SupremeCourt @Vidhi_India

launch of "The Judicial Transparency Index: Assessing Disclosure of Information by the Supreme Court and the High Courts," a report by Vidhi Centre for Legal Policy's JALDI initiative released

Justice Ujjal Bhuyan: The report notes that the Indian judiciary has taken significant strides towards greater transparency. However, as we have seen, and as we go through the report, we find that much more needs to be done.
To encourage greater systemic transparency, JALDI has developed the Judicial Transparency Index in 2025, providing baseline standards against which transparency in Indian courts is assessed, thereby hoping to serve as a valuable resource guide for institutional and external stakeholders to strengthen judicial openness.
For the purpose of the Judicial Transparency Index, transparency has been defined as the proactive disclosure of information on court websites that enables the public to assess the court's functioning.
By examining the higher judiciary in the light of the Judicial Transparency Index, and at the same time offering recommendations, the report aims to draw the attention of stakeholders to those areas that require institutional reform.
There are significant areas where a great deal of work can be carried out to strengthen transparency and foster greater openness in courts.

Read 20 tweets

Bar and Bench

@barandbench

Jul 31

Delhi High Court to hear today Umar Khalid's bail plea in the Delhi riots conspiracy case.

Hearing before a bench of Justices Prathiba M Singh and Vikas Mahajan.
#UmarKhalid #Delhiriots

Bench assembles.

Matter taken up.

Read 7 tweets

Bar and Bench

@barandbench

Jul 30

[Bombay High Court hearing constitutional validity of a provision in the Income Tax (IT) Act that grants tax exemption on gifts exchanged between “spouses"]

Solicitor General Tushar Mehta of a petition filed in Karnataka High Court praying for a similar relief.

SG: The plea is verbatim same. The lawyer for the petitioner here, is appearing there also. The learned ASG of Karnataka has started arguments and matter has remained part-heard. So, I have called for those papers so that our affidavits may not clash. Since that is part-heard and the counsel is common, I would request to have this on some other day.

#BombayHighCourt #IncomeTax #SameSex

Advocate Dhruv Janssen-Sanghavi for the petitioners: The issue over there is identical in many ways, but slightly different in the in terms of the facts. But I do not think that bars one high court from deciding the issue.

#BombayHighCourt #IncomeTax #SameSex

Division bench of Justices BP Colabawalla and FP Pooniwalla: You are talking about interpretation of a central act. What can happen is, we take a decision, Karnataka High Court takes a decision, and then there is complete chaos because at the end of the day, the implementation is of a central act. Let us say Bombay takes a decision in favor of the petitioner. The Income Tax authorities in Maharashtra will have to implement giving deductions as per the law laid down by us. Karnataka High Court, the Income Tax authorities will follow what the law is laid down by the Karnataka High Court. And then, Gujarat, where no such petition is filed, or Madras, where no such petition is filed, they will not know whether to follow Karnataka or whether to follow Bombay.

#BombayHighCourt #IncomeTax #SameSex

Read 8 tweets

Bar and Bench

@barandbench

Jul 30

Supreme Court to shortly resume hearing petitions challenging the 2023 law that replaced the Chief Justice of India with a Cabinet Minister on the selection panel for appointing the Chief Election Commissioner and Election Commissioners.

Bench: Justices Dipankar Datta and SC Sharma

Hearing expected to commence at 2pm.

AG R Venkataramani appears for the Union of India.

Venkataramani reads from the top court’s Anoop Baranwal judgement - which said that CJI being part of the selection panel was only meant to fill a legislative vacuum, before the parliament passes a law (the parliament then passed the 2023 law and replaced the CJI with a cabinet minister in the selection panel).

Read 37 tweets

Bar and Bench

@barandbench

Jul 30

Supreme Court hears plea against the use of Pellet guns on protesting students at Jantar Mantar and other areas

Adv Vrinda Grover: It has a kinetic metallic projectile

Justice Joymalya Bagchi: But police rules allows the use in exceptional circumstances unless you challenge the rules itself.. one of the steps of graded approach is use of pellet guns

Grover: Give me 2 minutes. there can be rubber, plastic and metallic pellets. These were metallic and recovered from the bodies. Nature of the crowd will determine use of this as well. Was it a violent mob? No. These metallic pellets were fired.

@CPDelhi @Cockroachisback #SupremeCourt

Justice Bagchi: We are not averse to examine use of pellets in an individual use. you have to show us if graded response use of pellets can be allowed when even bullets are used in some situations. If your convict uses a bullet...

CJI: in light of alleged excessive use.. your prayer should be that court lays down a protocol regarding the use

Grover: Yes only metallic pellets

Justice Bagchi: In Calcutta HC there was a rule that bullets should be fired at the chest to preserve amunition and not any other body area

SG: must be some colonial era..

Justice Bagchi: that rule was struck down. So you have to show us rules where use of pellets is arbitrary, etc.

Adv Grover: Even the DPRD document which I have was accessed by a RTI.

Justice Bagchi: must be there the archive. If not, then that is not done. It has to be there..

Read 6 tweets

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