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Sep 10, 2020 โ€ข 16 tweets โ€ข 10 min read โ€ข Read on X
ใ€Š๐—–๐—•๐—ฆ๐—˜ ๐—–๐—ผ๐—บ๐—ฝ๐—ฎ๐—ฟ๐˜๐—บ๐—ฒ๐—ป๐˜ ๐—˜๐˜…๐—ฎ๐—บ๐˜€ใ€‹

Supreme Court to shortly take up pleas challenging CBSE decision to hold compartment exams amid #COVID19 . @cbseindia29 to file affidavit today on when #compartmentexams will be held in Sept

#SupremeCourt
#compartmentexam2020 Image
The court was earlier informed that the #CompartmentExams2020 will be held end September. Petitioners stated admissions would be over by the time exams are held & results announced.

barandbench.com/news/litigatioโ€ฆ
The three-judge bench headed by Justice AM Khanwilkar has assembled. Matter to be taken up shortly.

#studentsafetyfirst
#compartmentexam2020
@cbseindia29
@advocate_tanvi
Advocate Rupesh Kumar for CBSE answers to the bench query that two matters have the same prayer (cancel compartment exams)

#studentsafetyfirst
#compartmentexam2020
@cbseindia29
Senior Adv Vivek Tankha: CBSE could not hold exams due to #covid19 Then they conducted hybrid mode of exams where last year exams was used to assess the students. A lot of students are facing compartment

#studentsafetyfirst
#compartmentexam2020
@cbseindia29
Sr Adv Tankha: College admissions for PG and UG courses came to end on August 31. The problem is two-fold, compartment exams was notified on Sept 4 after you issued notice. now exams are to be held on Sept 22 to 29

#studentsafetyfirst
#compartmentexam2020
@cbseindia29
Tankha: The question is about the safety of students which you have already dealt in the UGC matter, etc. But compartment exams from Sept 22 will lead to their whole year being wasted. some solution has to be there

#studentsafetyfirst
#compartmentexam2020
@cbseindia29
Tankha: Earlier admissions were held only after compartment exams results were announced. CBSE can help up by telling universities that admission be granted on a provisional basis

Justice Khanwilkar: but admission on what basis? if compartment then there would be no percentage?
SC: This is a very peculiar year. We have to see some extraordinary situations. the solution cannot be offered by CBSE but by another agency

Tankha: Union of India and states are a party to the case. About 5 lakh students will appear in the compartment exams
Justice Sanjiv Khanna: Compartment exams are for students who have not managed to pass the subjects as there is always a "best of scheme" to calculate the percentages

Tankha: Please create some room for these students to take college admissions.
Tankha: What will the students do in October after the compartment exam results are announced?

Justice Khanwilkar: If we issue notice to all universities in the country, then that would not be a viable solution.
Tankha: Union of India can be given a copy of this so that they can advise or ask the states and the universities therein. My first reaction to the briefing counsel was your two prayers are self contradictory

Can we serve the states as they are a party in my petition?
SC: It will take a long time. You have made only selective states a party. The country has to be treated as a whole.
You only serve the law officer of Union of India & not the states. Let us not complicate it further

Matter next to be listed on September 14, Monday.
SC hears pleas challenging CBSE decision to hold compartment exams amid COVID-19 [LIVE UPDATES]
#CBSE #compartmentexam2020 #SupremeCourtOfIndia

barandbench.com/news/litigatioโ€ฆ
[CBSE Compartment Exams] "This is a peculiar year, we have to look at extraordinary solutions": Centre to be served with copy of plea

#CBSECompartmentExam2020 #CBSE #SupremeCourt
barandbench.com/news/litigatioโ€ฆ

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More from @barandbench

Dec 17
Delhi High Court to hear today a PIL seeking an inquiry against the DGCA for the Indigo fiasco and fourfold compensation to passengers who were left stranded at airports due to the cancellation of flights.

#IndiGoCrisis @IndiGo6E Image
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela to hear the case.

Read details of the PIL here:
barandbench.com/news/pil-beforโ€ฆ
Matter taken up.

J Gedela: We are already engaged in this issue. Why should we entertain another petition?
Read 34 tweets
Dec 16
Supreme Court hears the case where it had examined growing pendency of gangster-related trials in Delhi and considered whether dedicated special courts are needed to ensure their timely completion

CJI Surya Kant: Suppose UAPA and NIA.. there can be one special court. These courts should be like emergency ward in a hospital. Suppose there is NIA trial then only that case goes on. When no Nia Or UAPA then ordinary civil and criminal cases can go on there.Image
ASG Aishwarya Bhati: In our status report we have furnished minutes of meeting approved by the Home secretary.

CJI: we do not appreciate the home secretary asking states to take it up with the High courts
ASG: we have identified states where there are 10 Nia trials. lot of PFI trials in Kerala. In Bihar as well. Our letters and draft norms are also attached. We can file an action taken report as well..
Read 5 tweets
Dec 11
[Prajwal Revanna Vs State of Karnataka]

Sr Adv Siddharth Dave: Please see the observations made by the HC judge

CJI Surya Kant on alleging bias against Judges: There are hypothetical situations in court. We make observations. But I am not someone who will take browbeating. Not so easy with me. As soon as the judge makes an observation there are allegations made against him.#SupremeCourtImage
CJI Surya Kant: Sometimes we make errors but we rectify it. I just did it. We deal with such large volume of cases and evidence.

Sr Adv Sidharth Luthra: Please see what the trial court observed that the accused was taken aback by framing of charge. The court has proceeded...

Sr Adv Dave: the judge holds that I should be proceeded against misconduct.

CJI: court was correct because counsels were being changed so often.
CJI: we will help you rebuild trust and faith in the system.

[Order]

CJI: Instant appeal is against September 2025 order passed by Karnataka HC declining petitioner prayer for transfer of trial pending before the learned presiding judge of 81st city civil (MP MLA court). Prayer was to transfer case to to any other MP MLA court.
Read 5 tweets
Dec 11
Supreme Court hears a euthanasia application by the parents of a child:

Court: this is very very unfortunate. The boy seems to be in a pathetic condition. The bedsores are extremely painful. And when a patient in vegetative state suffers from bedsores means heโ€™s not been looked after well. His hygiene is poor. Bedsores are the end of everything. Now we have waterbeds etc to prevent formation of bedsores. They are extremely painful. Doctors have said in so many words that there is no question of recovery. So he is to remain like this till he is destined to leave.Image
Court: how do we now move to the next stage?

Counsel: as per the judgement in common cause the next step to be followed by the reference of a secondary board formed by the CMO. But in this case the primary board already had 5 experts constituted by the CMO so it does not require the secondary board reference. The next step is to admit him to a neuro palliative facility where life support will be withdrawn.
Court: to pass over the secondary board reference they (members of the primary board) will need to have people with 5 years experience.

Counsel: yes. Your lordships can even have a committee of experts as per the judgement.
Read 5 tweets
Dec 9
Supreme Court resumes hearing the challenge to the Special Intensive Revision as conducted by the election commission of India in Bihar

Sr Adv Shadan Farasat begins Image
Farasat: Your Lordships in multiple judgments have said that Articles 324 to 329 constitute one scheme. Your Lordships will recall that the Representation of the People Acts of 1950 and 1951 were passed by the Constituent Assembly sitting as the Provisional Parliament.

Recall that the 1950 and 1951 Acts were enacted by the provisional Parliament. The first general election in India took place from October 1951 to February 1952 after these Acts were enacted. Although the composition was the same as the Constituent Assembly, my submission is that Articles 324 to 329 read with the 1950 and 1951 Acts form one constitutional code.

This code gives a very clear indication of the powers of the Election Commission.
Farasat: The question I am addressing is the scope and power of the Election Commission regarding the determination of citizenship while preparing electoral rolls. Do they have a role. What is the extent of that role. Because my respectful submission is on this issue.

Please have Article 324. Article 324 contains the general power of superintendence.

Next, Article 325:

โ€œThere shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.โ€

This is a non discrimination provision. Article 325 mirrors the language of Article 15. The same grounds. Religion, race, caste, sex.

.
Read 29 tweets
Dec 9
Supreme Court to resume hearing today pleas by Umar Khalid, Sharjeel Imam, and other accused seeking bail in the 2020 Delhi riots conspiracy case.

Bench: Justices Aravind Kumar and NV Anjaria

#UmarKhalid #SupremeCourtofIndia Image
Sr. Adv. Siddhartha Dave appearing for Sharjeel Imam to continue arguments today.
Counsel states Umar Khalid has moved the trial court seeking interim bail for attending his sisterโ€™s wedding.

Counsel: I just wanted to inform. Such bail has been granted before as well.
Read 47 tweets

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