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Bar and Bench Profile picture
@barandbench
Sep 10, 2020 • 23 tweets • 20 min read • Read on X
Plea before Jharkhand HC challenging the conduct of #NLAT by NLSIU for its law school admissions this year to be taken at the end of the list today

Advocates Shubham Gautam & Baibhaw Gahlaut to appear for petitioners

Senior Advocate Sajan Poovayya to appear for NLSIU @poovayya Image
Hearing begins. Advocate Shubham Gupta making submissions for petitioners #NLSIU #NLAT @NLSIUofficial @poovayya
Counsel for petitioner taking Court through chain of events leading up to NLSIU's announcement of NLAT #NLSIU #NLAT @NLSIUofficial @poovayya
How are you prejudiced? Court asks. Counsel - Examination pattern for NLAT is different from CLAT. Only 10 days' notice given #NLSIU #NLAT @NLSIUofficial @poovayya
What do you mean by changing pattern? Is there a complete deviation which requires students to study a completely different subject? Court asks#NLSIU #NLAT @NLSIUofficial @poovayya
Why is the petition filed before Jharkhand High Court? What if students from each state file writ petitions before respective HCs? What if one HC stays the exam and another HC dismisses it? Justice Shankar asks. #NLSIU #NLAT @NLSIUofficial @poovayya
Judge miffed with lawyer leaving video conference midway. "Young lawyers must know the decorum of the Court", Justice Shankar #NLSIU #NLAT @NLSIUofficial @poovayya
NLSIU and Consortium office are situated in Karnataka. How can Jharkhand HC hear the matter? Justice Shankar asks. If a matter has pan-India ramifications, how can we adjudicate it? #NLSIU #NLAT @NLSIUofficial @poovayya
Counsel for Union informs High Court that another plea is pending before Supreme Court. When is the matter coming up? judge asks #NLSIU #NLAT @NLSIUofficial @poovayya
Senior Adv Sajan Poovayya points to another petition filed before Madhya Pradesh HC. Notice has not been issued b SC or MP HC, @poovayya points out. #NLSIU #NLAT @NLSIUofficial
It is not that the Jharkhand HC does not have jurisdiction, but it may choose not to exercise its jurisdiction on grounds of forum non conveniens, @poovayya #NLSIU #NLAT @NLSIUofficial
Forum non conveniens would come into play in this case, Jharkhand HC says. It is a difficult situation when petitions are filed in different HCs.

This is the first writ petition filed in the country, counsel for petitioner says.

@poovayya #NLSIU #NLAT @NLSIUofficial
What is these matters are not listed before SC and MP HC before exam takes place? This notification is in blatant violation of a Supreme Court order on CLAT exam, counsel for petitioner. #NLSIU #NLAT @NLSIUofficial
While NLSIU has provided option for students to appear in test centres, it has said in its notification that NLISU will not be responsible for technical faults, internet disconnection etc. There is no such centre in Jharkhand, counsel argues. #NLSIU #NLAT @NLSIUofficial
Poovayya - We have decreased the internet requirements to 512 kbps. NLSIU has made special arrangement with @idia to cater to needs of students who don't have access to computers/internet #NLSIU #NLAT @NLSIUofficial @poovayya
We have reduced the number of questions without changing the pattern. We are not testing students on aptitude of law, Poovayya.

30,298 students have already registered. Only a handful of students are raising grievances against NLAT #NLSIU #NLAT @NLSIUofficial @poovayya
Poovayya taking Court through the NLAT notification and the justification for holding a separate entrance exam #NLSIU #NLAT @NLSIUofficial @poovayya
I want to find out if students from Jharkhand will face any difficulty in writing the exam, Justice Shankar.
Arrangements will be made in case students are facing difficulties. Even lawyers are offering their offices to students who want to write the exam, Poovayya. #NLSIU #NLAT
NLSIU VC (in capacity of Secretary Treasurer of NLU Consortium) filed affidavit in Delhi HC saying that online exam would not be feasible for CLAT, counsel for petitioner argues #NLSIU #NLAT @NLSIUofficial @poovayya
Will separate exam be held only this year or every year? Court asks. Poovayya - Decision has been taken for this year. Executive Council of NLSIU will meet and decide future course of action #NLSIU #NLAT @NLSIUofficial @poovayya
The main issue is that of jurisdiction of the High Court, given the pan-India ramifications of the exam, Court posts matter for orders tomorrow. #NLSIU #NLAT @NLSIUofficial @poovayya
Jharkhand HC hears Plea challenging NLSIU's NLAT [LIVE UPDATES]
#NLAT @NLSIUofficial

barandbench.com/news/litigatio…
[BREAKING] If matter has pan-India ramifications, how can we adjudicate it? Jharkhand HC reserves orders in challenge to NLAT 2020

#nlat #NLAT @NLSIUofficial
barandbench.com/news/jharkhand…

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More from @barandbench

Bar and Bench Profile picture
Feb 18
Supreme Court to hear plea by Ranveer Allahabadia challenging multiple FIRs filed against him after he made certain remarks on India's Got Latent show
@BeerBicepsGuy #SupremeCourt #Indiasgotlatent Image
Dr Abhinav Chandrachud: Petitioner has got death threats.. 5 lakh reward for cutting his tongue. Former wrestler says he should not be spared in any party we meet him. All for a 10 second clip.
Are you defending the language used: Justice Surya Kant

Dr Chandrachud: As an officer of the court I am disgusted at the language used.

SC: so what are the parameters of obscenity and vulgarity. In the society which has some self evolved values and when we behave within those parameters we want to know what are the parameters of Indian society According to the petitioner.
Read 17 tweets
Bar and Bench Profile picture
Feb 11
Supreme Court hears the plea by Association of Democratic Reforms

CJI Sanjiv Khanna: what is this for ?

Adv Prashant Bhushan: we are Seeking that the procedure which ECI needs to adopt as per supreme Court judgment is in consonance with their standard operating protocol. What we want is that somebody should examine the software and the hardware of the EVMs in order to see if the software and hardware has any element of manipulation or notImage
CJI: Once votes are counted the paper trails are taken out or it's still there

Bhushan: they should maintain the paper trail

Sr Adv Devadatta Kamath: I appear for Sarva mitter. The entire data was wiped out. the evms on which polling was done should be tested.

CJI: to be done within seven days.. and the machine could be as per candidate choice and the burnt memory could be checked and verified.
Sr Adv Kamath: dummy units are checked not real ones. Here a fresh poll is being conducted and 40,000 being spent for verifying and checking each machine and the payment is to be by the candidate and then it's just a mock poll!
Read 10 tweets
Bar and Bench Profile picture
Feb 11
Supreme Court hears PIL by National Federation of Indian Women over the alleged increase in cases of Lynching and MobViolence, particularly by 'CowVigilantes'

Justice BR Gavai: Issue has already concluded. Can we revive that by way of another writ

Adv Nizamuddin Pasha: But the issue is when private individuals are given police powers to seize vehicles and nab people for cattle smuggling.. this is how police powers are given to private agencies. Attitude of state machinery needs to be looked at and see how brazen it is.. some kind of oversight from this court will helpImage
Justice Gavai: You can challenge those notifications before the court

Pasha: It exists across states and is across spectrum

SG Tushar Mehta: I appear for the Union. If such things are happening it can be challenged

Pasha: 13 states follow this rule
Justice Gavai: is there are a direction in this case by us to all states .

SG: On Nov 6,2024, 6 states as selected by petitioner were asked to respond.

Pasha: and thereafter all states and UTs were made a part. Oct 28,2023, was the plea to implead all States and UTs . They have replied also
Read 9 tweets
Bar and Bench Profile picture
Jan 28
Should former AAP councillor Tahir Hussain  granted interim bail in a case related to Delhi riots so that he may campaign for the upcoming Delhi Assembly polls as an All India Majlis-e-Ittehadul Muslimeen (AIMIM) candidate?

#SupremeCourt to hear @AamAadmiParty @aimim_national Image
The case comes to a three-judge bench after Justice Pankaj Mithal ruled that bail should be denied and Justice Ahsanuddin Amanullah stated that bail should be granted #TahirHussain #DelhiElection2025 Image
Hearing to commence at 10:30 am #SupremeCourtofIndia Image
Read 16 tweets
Bar and Bench Profile picture
Jan 20
Supreme Court hears the case where village residents oppose the burial of a Christian man in the graveyard of their village in Chhattisgarh’s Bastar

Son of deceased Ramesh Baghel, a farmer from a Scheduled Caste (SC) community, who has kept the body in a mortuary for 12 days now is before supreme court

Justice BV Nagarathna: Why cannot a person before buried where they wanted to. Body is in mortuary? We are sorry to say that A person has to come to supreme court for the burial of his father. The HC, panchayat etc are not able to solve the problem. The HC says there will be law and order problem.. we are pained at this.Image
SG Tushar Mehta: if the case is to be decided only on emotions then I have nothing to say, else let it be argued

Sr Adv Colin Gonsalves: see the real reason, burial not being allowed because the person had converted.

SG: Intention may be to make this a precedent for rest of country. There is burial ground for the tribals who are not Christians. Though they are not christians they bury their dead. When christians die, just 20 km away there is a christian burial ground and they take the dead their and bury them. This ground is a Hindu tribal burial ground. Thus rather than not being vehement that I will not go 20 kms away.. then there are laws..
Justice Nagarathna: but what about burying in own land?

SG: once you bury or cremate someone in a private land the character of land changes it becomes a sacred place and it also has health issues. That is not permitted.. cremation etc is not allowed in private lands

Justice Nagarathna: no no nothing remains after cremation...

SG: it is not about one person it is the beginning of something else.
Read 12 tweets
Bar and Bench Profile picture
Jan 2
#SupremeCourt hears plea seeking quashing of the entire process of designation of 70 lawyers as senior advocates undertaken by the Delhi High Court Image
Adv Mathew Nedumpara makes submissions
Justice BR Gavai: How many judges can you name whose offsprings have been made seniors ?

Nedumpara: I have given a chart..

Justice Gavai: we will grant you liberty to amend the plea and if it is not amended then we will take steps accordingly. Tell us who is the signatory to the profession.

Nedumpara: I myself.

SC: then tell us you want to withdraw or anything
Read 6 tweets

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