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Bar and Bench

Sep 10, 2020 • 14 tweets • 11 min read • Read on X

#BombayHighCourt hears plea against Media Trial in #SushantSinghRajput case.

Counsels are now making submissions on the regulatory bodies are far as the media is concerned.

In the last hearing, Court had urged the media to show restraint in reporting on the case

#SSRDeathCase

The matter is being heard by a Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni.

#SSRDeathCase
#SushantSinghRajput
#mediatrial
#BombayHighCourt

Bombay HC asks Sr Adv Milind Sathe (for petitioner): Have you made any application (complaint) before News Broadcasting Standards Authority?

This is not a statutory body. They may not be amendable under Article 32. Please decide the larger issues in the case, Sathe urges Court

They should first approach the Press Council and other authorities. Let them look into the matter first: ASG Anil C Singh urges the Court.

Bombay HC starts dictating order.

#SSRDeathCase
#SushantSinghRajput
#mediatrial
#BombayHighCourt

On September 3, a coordinate Bench had asked the respondents to file their reply affidavits. It was also expected to exercise restraint in regard to reporting of investigation in a manner that could hamper or prejudice the ongoing investigation...: Court records

#mediatrial #SSR

Bombay HC says: we do not see reason to implead (#RheaChakroborty) the proposed respondent number 12, an accused who is presently in judicial custody.

#SSRDeathCase
#SushantSinghRajput
#mediatrial
#BombayHighCourt

However, the other proposed respondents i.e. NCB, ED, ABP News, India TV, News Nations are impleaded as respondents.

#SSRDeathCase
#SushantSinghRajput
#mediatrial
#BombayHighCourt

We find that none of the Media Groups are respondents in one of the criminal PILs filed in the matter.

All these media groups have been directed to be impleaded in the matter without any delay.

#SSRDeathCase
#SushantSinghRajput
#mediatrial
#BombayHighCourt

Liberty granted to file an additional affidavit to bring on record subsequent events by tomorrow.

Notice issued to added respondents returnable on October 8. All respondents may file their reply affidavits by Sept 30, rejoinder thereto may be filed after

#mediatrial #SSR

#BombayHighCourt: Pendency of these petitions shall not preclude the News Broadcasting Standards Authority to consider complaints that have been received by it and to take appropriate action thereon in accordance with law.

#mediatrial #MediaCircus #SushantSinghRajput

Court adds that the resultant decision of the NBSA may be incorporated in the affidavit to be filed.

#mediatrial
#MediaCircus
#SushantSinghRajput
#BombayHighCourt

#BombayHighCourt adds: We hope and trust that the spirit of the order dated September 3 (to exercise restraint in media reporting in the #SSR case) may be carried out by the media organisations.

#mediatrial
#MediaCircus
#SushantSinghRajput
#SSRDeathCase

PILs against Media Trial in SSR case: Petitioner urges Bombay HC to take up larger issues while regulatory bodies deal with complaints
#SSR #SushantSingRajputDeathCase #SushanthSinghRajput #mediatrial

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@barandbench

Apr 19

[Late Evening Hearing : Urgent Medical Termination case]

#SupremeCourt bench led by CJI DY Chandrachud assembles

CJI: The court master gave us the plea in chamber. Where is the girl now?

Adv: she is 28 weeks pregnant and in Mumbai

CJI: if in Delhi we would have asked AIIMS

CJI: Ms Bhati she is 14 years old and a victim of rape
She is nearing 28 weeks of pregnancy

Adv : There is a report of April 3 by JJ Hospital.

CJI: any other hospital where she can be examined. Her mother is only 34 years old. She is in Navi Mumbai and not very affluent..

CJI: she can be brought to Jaslok hospital and ask medical director of the hospital to supervise..it is a very hard case

Read 9 tweets

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Apr 19

Is Arvind Kejriwal deliberately eating mangoes and sweets to spike sugar level and create ground for bail?

Delhi court to examine Tihar Jail report shortly after ED's allegations.

Hearing to start at 2PM.

#ArvindKejriwal @AamAadmiParty @ArvindKejriwal

Yesterday, ED's Special Counsel Zoheb Hossain had informed the Rouse Avenue Court that the details came to be known after the agency wrote to Tihar jail and sought information about Kejriwal's diet and the medicines being taken by him.

Kejriwal's lawyers have refuted ED's allegations and said that these are merely allegations for the media.

They have alleged that ED does not want Kejriwal to even have home cooked food which has been allowed by the Court.

Read 55 tweets

Bar and Bench

@barandbench

Apr 18

#Breaking

Enforcement Directorate alleges that Arvind Kejriwal is deliberately eating mangoes, sweets and taking sugar with tea to raise his blood sugar level.

ED says Kejriwal wants to create a ground for bail citing fluctuations in blood sugar level.

@ArvindKejriwal #ArvindKejriwal @AamAadmiParty @AamAadmiParty

ED's Special Counsel Zoheb Hossain made the submission.

The Court is hearing the application moved by Kejriwal to monitor his sugar levels continuously and to allow him to consult his doctor.

Advocate Vivek Jain appears for Kejriwal and objects to the submissions.

Jain says ED is making these allegations only for the media.

Read 6 tweets

Bar and Bench

@barandbench

Apr 18

#SupremeCourt to hear plea seeking directions for the counting of all VVPAT slips. The plea seeks the court's direction to the Election Commission and the Centre to ensure that voters are able to verify through VVPATs that their vote has been "counted as recorded" #EVM

Adv Nizamuddin Pasha makes submissions: voter secrecy is not compromised at any stage..also the my right to secrecy cannot..

I hope you understand what you are arguing and the practical results of it

Pasha: milord..

SC: if you still argue then fine..the last slip will always be at the bottom.. do not take more time..

Pasha: it is the rights context in which this debate lies..

SC: you have applied the doctrine of proportionality

Pasha: yes fundamental right to know for whom vote is casted, right to free and fair election etc.. these are all rights of voters and it does not affect somebody else

SC: Tell us which are the four prongs of doctrine of proportionality

Pasha: the doctrine comes when there are two conflicting rights.. i am a stage anterior to this..

SC: all fundamental rights can be curtailed on the basis of certain exceptions..

Adv Prashant Bhushan:in the VVPAT machine the light remains on for 7 seconds, if that light can be on always so that voter can see the slip cutting and falling or other slip being cut etc also.. that can be done if the glass cannot be changed.

Read 64 tweets

Bar and Bench

@barandbench

Apr 16

Supreme Court to hear PIL seeking 100% tally of EVM votes with those of the slips from VVPATs.

#SupremeCourt #SupremeCourtOfIndia #EVM #EVM_VVPAT

Justice Sanjiv Khanna to Adv Prashant Bhushan: This was originally not listed today but we made sure (it was). We will try and take it up around 2pm.

Matter passed over for now.

#SupremeCourt

Hearing starts

Bhushan: These are programmable chips. Most European countries have gone back from EVMs to paper ballots.

Justice Khanna: Don't go to that

Bhushan: It is not disputed, it is fact.

#SupremeCourt

Read 27 tweets

Bar and Bench

@barandbench

Apr 12

Calcutta High Court bench led by Justice Joymalya Bagchi pulls up a junior advocate for coming to the court without the case papers and seeking an adjournment, in an alleged rape case.

Jr Adv: I am extremely sorry Milords.

J Bagchi: What sorry? Just write a letter to your client both you and your senior saying that the Judge was inclined to grant bail but because we were not prepared, you (accused) were not released on bail today. Please write that letter.

#CalcuttaHighCourt

J Bagchi: Henceforth, do not come to this court or rather any court without the case papers. And don't say sorry to us. Me and my brother judge aren't in jail. But someone, presumably who has given valuable consideration to you and your senior is in jail. And the trust reposed in you and your senior is being betrayed here. That is the first lesson you learn as a junior. Never betray the client.

#CalcuttaHighCourt

J Bagchi: Be always prepared. You spent 5 years in Law College, was it for the purpose of seeking adjournments.

Jr Adv: No Milords.

J Bagchi: Then tell your senior, sir if you send me to seek adjournment, give me papers and I should be atleast ready on facts. You couldn't degenerate yourself to the role of an adjournment lawyer. You must have self-respect and once start respecting yourself, your senior and everyone will start respecting you. Otherwise, no one will ever respect you.

#CalcuttaHighCourt

Read 4 tweets

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