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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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Bar and Bench

@barandbench

Apr 15

Former Supreme Court judge Justice Abhay S Oka to shortly speak on: Robes cannot be Rented

Organised by Adhivakta Parishad Supreme Court Unit

#SupremeCourt

Justice Abhay S. Oka: When one becomes a judge of a court, any court, and in particular High Court and Supreme Court, apart from Bangalore Principles, apart from any other written norms, the judges are bound by several constraints and restrictions.
Obviously, all those restrictions come in for the purpose of maintaining dignity of the office and upholding the old principles that justice should not only be done, but it should be manifestly seen to be done.
And whether Bangalore Principles or not, we are bound by those constraints.

Justice AS Oka: For example, if as a sitting judge, I was invited by Adhivakta Parishad to speak on its platform, I would have politely said no because my belief was Adhivakta Parishad does have political inclinations.
When a judge demits office, of course, he is not bound by those strict constraints and restrictions which he had as a judge, but I personally believe that being a retired judge of the constitutional court, he must follow certain restraints and constraints. @AdhivaktaP

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Bar and Bench

@barandbench

Apr 15

Supreme Court to hear today plea filed by Assam government challenging the transit anticipatory bail granted to INC leader Pawan Khera in a forgery and criminal conspiracy case

Bench: Justices JK Maheshwari and AS Chandurkar

The case was registered against Khera following his recent claims that Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan holds multiple foreign passports and undisclosed assets abroad.

Read 👇

barandbench.com/news/litigatio…

SG Tushar Mehta (for Assam): it’s a case of patent lack of territorial jurisdiction. No averment in the petition why telangana high court. Offence committed in Assam, FIR in Assam. Neither he says why Telangana.

Court: he is saying petitioner wife is staying in Hyderabad.

Mehta: he places on record Aadhar card in page 98 where wife is staying in Delhi. He places both. Which shows even his wife stays in Delhi. Sometimes he keeps travelling. Is this the law? Someone can buy or rent 10 properties in 10 different states. This will qualify as forum choosing. This is abuse of law.

Read 5 tweets

Bar and Bench

@barandbench

Apr 13

Quaraisha Yeasmin vs Election commission of India: WEST BENGAL SIR APPEAL TRIBUNAL ISSUE

Adv: In some cases Election commission has not even placed the orders before Justice Sivanganam. ECI is not aware of what's happening... Appeals are not being taken up. Let freezing date be extended.

CJI: go before the appellate tribunal and say all this

Adv: If I am not allowed to argue then what's the use? But will appeal be decided within a time frame or keep extending?

CJI: so you want us to put the former chief Justices and judges.. under pressure .

Adv; Those who have addhar and passport.. will be allowed that's what this court has held

Justice Bagchi: Calcutta HC Chief has informed manner and mode of appeals have been formulated. It has started hearing from today. We cannot say hearing x appeals from today

Sr Adv Naidu for ECI: will have always placed all records. Now we are blamed for helping. There are 30 lakh appeals.

#westbengalsir #SupremeCourt

Justice Bagchi: Unless and until there is enormous amount of voters excluded or materially affect the election...the election cannot be cancelled. If 10 percent does not vote and winning margin is more than 10 percent then..

CJI: only academic excercise

Justice Bagchi: if it's less than 5 percent then we have to apply our mind. Earlier a candidate was given primacy before the appellate tribunal because a candidate cannot be denied the right to contest. Please don't think the question is not in our mind that what about those who are excluded !

Justice Bagchi: if an objector files an appeal against inclusion. Then again that person also has to be removed. So we had judicial officers and then appellate tribunals.

Sr Adv Naidu: the court was not even inclined to have the appellate tribunal firstly.

Justice Bagchi: we have permitted the constitutional authority to go into purity of electoral roll issue. Your original ECI notification on SIR did not touch 2002 list.. but your logical discrepancy list rejection reasons are 2002 list etc. your notification touched people who relates to people in the 2002 list. 2002 list is the benchmark. See in your final list you did not delete the 2002 list members. When Bihar SIR was argued, submissions of ECI was unequivocal that 2002 list members need not given any document. Please see your written submissions in Bihar case. You had said 2002 electorate need not give Documents..

Sr Adv Naidu: but they have to prove that they are the same person as in 2002 list. They are using alias etc.

Justice Bagchi: now you are improvising the submissions which you made earlier.

Read 8 tweets

Bar and Bench

@barandbench

Apr 13

In a case relating with bar council reservations

[Siva Kumari R vs Union of India]

Sr Adv DS Naidu: This court delivered a judgment (on women representation) to empower women. But some are misusing it.

#SupremeCourt

CJI: this court by an order dated December 8 2025 under Article 142 ensured 30 percent women representation in each state bar council. 10 percent was by co option and 20 percent by election. This court also appointed the high powered election supervisory committee headed by Justice Sudhanshu Dhulia. State election committees were also constituted. At the outset we acknowledge the herculean task done by the committee.

CJI: in that process the supervisory committee has passed a self speaking order on February 9 in order to clarify how the 20 and 10 percent representation is to be given effect to. We are informed that BCI has issued a circular that selection of candidates for 10 percent co option shall be made by BCI rules.

Read 5 tweets

Bar and Bench

@barandbench

Apr 13

[Prakash Gopalrao Pohare vs Union]

Adv Prashant Bhushan: More than 10,000 farmers commit suicide every year. MSP is given which is below the cost price. It should be cost price plus 50 percent. Only wheat and grain is procured at MSP. Farmers are in acute distress. This is twin hammering.

CJI Surya Kant: Lot of mathematical formulas being cited. Difficulty will arise in cost of land and capital. Will it not vary from state to state or district to district.

Bhushan: I am not asking for the actual cost plus 50 percent.

Bhushan: govt own calculation for weighted average cost should be paid.

Justice Bagchi: you are almost asking us to rewrite the economic policy of the country. Look at the Pleadings.

Bhushan: drafted by my junior. But please see... It is okay for the govt to give free ration but that does not mean that affect on farmer is such that they don't get the cost and commit suicide.

Bhushan: take weighted average cost of the whole country and pay that much.

CJI; there are farmers with big chunk of land. There cannot be an uniform policy for all you see.

Read 4 tweets

Bar and Bench

@barandbench

Apr 9

Supreme Court resumes hearing case where it recently pulled up 2 senior IAS officers from UP for not following court orders and halting the demolition of unauthorised commercial structures due to "public hue and cry."

Bench: Justices JB Pardiwala and KV Viswanathan

The court noted that schools, banks, hospitals etc were being run from the unauthorised buildings and ordered immediate sealing.

It also said that if any untoward incident happens in any of the illegal buildings till demolition takes place, the IAS officers would be held personally liable.

Read 👇

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Sr. Adv. Rajiv Shakdher (for Chairman, UP AEVP): we have shifted the students out of the schools, hospitals, the banks have also moved. We have sealed all of it.

Read 9 tweets

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