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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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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 !

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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

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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.

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[Day 9: Sabarimala Reference]

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#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.

Read 32 tweets

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CJI: Husband of the victim is the prime accused and assaulted. There are complaints against in laws who are absconding. It is noted that victim has three minor daughters aged 12,4 and 1 years. The girl child was abandoned by the father. Now they are under care of maternal grandparents.

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

Court - Where is the university counsel? Where are the students?

Counsel appearing on behalf of Central Government Standing Counsel (CGSC) representing Union of India and Delhi Police stated that his senior is not available.

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