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Bar and Bench Profile picture
@barandbench
Sep 11, 2020 • 11 tweets • 4 min read • Read on X
Supreme Court Bench headed by Chief Justice of India SA Bobde has a discussion with Solicitor General for India Tushar Mehta on the validity of Section 115 of the Mental Healthcare Act of 2017.

#SupremeCourt Image
Section 115 of the Mental Healthcare Act, 2017 effectively decriminalised attempt to commit suicide under Section 309 of IPC.

#SupremeCourt
CJI SA Bobde: How can you while legislating the Mental Healthcare Act virtually nullify provisions of IPC?

#SupremeCourt
SG Mehta points out that there is a presumption of unsoundness of mind or mental illness that gets attached with a person attempting to commit suicide.
CJI: But it is not necessarily unsoundness of mind always. There were these monks in Vietnam who killed themselves in protest. They were in a complete calm state of mind, there was no unsoundness of mind.

Then there is also the example of Jain persons and Santhara.
Sg Mehta explains to the Court how Santhara is described in the Jain faith and what it entails.

CJI: Nonetheless they are deemed to be under severe stress under this no?

Mehta: f it is treated as an attempt to commit suicide

#SupremeCourt
CJI: But the attempt is not to commit suicide but to liberate yourself from this miserable world… I know the issue on santhara is pending before this Court.

#SupremeCourt
Supreme Court issues notice to the Centre to explain the validity of Section 115 of the Mental Healthcare Act and to show cause as to why the Section should not be declared as unconstitutional.

#SupremeCourt
#MentalHealthcareAct
The discussion was fuelled in a petition which highlighted the trend where people purposely jump in the animal enclosures in Zoos in an attempt to commit suicide. This leads to the confinement of animals affecting them adversely.
On the petition, Senior Advocate ANS Nadkarni has been appointed as the Amicus Curiae.

#SupremeCourt
Mental Healthcare Act: Supreme Court seeks explanation from Centre on validity of provision decriminalising attempt to commit suicide

barandbench.com/news/litigatio…

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More from @barandbench

Bar and Bench Profile picture
Dec 19
Supreme Court to hear a batch of petitions challenging the Calcutta High Court's order which set aside the appointments in over 24,000 teaching and non-teaching posts in government schools #SupremeCourt @MamataOfficial Image
Sr Adv Vibha Datta Makhija: we would need two days.

CJI Sanjiv Khanna: Yes let us start. No piecemeal arguments.

State: Let the state start.
Sr Adv Rakesh Dwivedi begins for state of West Bengal
Read 14 tweets
Bar and Bench Profile picture
Dec 16
Supreme Court hears appeal challenging the Madras High Court's decision to allow Carnatic vocalist TM Krishna to receive the Sangita Kalanidhi MS Subbulakshmi Award.

ASG Venkataraman: Award was
conferred and it was greatly publicised. He is a person who made misogynistic comment against her

#SupremeCourtImage
ASG: the single judge order is in effect. The music academy could not have given the award yersterday. Can an injunction be breached and a public act be committee? Court is not powerless.
ASG: the court can stay this award or till suit is pending the fourth respondent cannot use the name of the award at all

Sr Adv Gopal Sankarnarayanan: Fourth respondent is not represented here as of now.

Sr Adv CS Vaidyanathan appears for music academy
Read 13 tweets
Bar and Bench Profile picture
Dec 13
Pushpa 2 hero Allu Arjun ARRESTED.

- LIVE UPDATES from Telangana High Court

- Allu Arjun is being represented by G Ashok Reddy

- Justice Juvvadi Sridevi to hear the matterImage
Justice Sridevi to hear the matter at 4 PM

#AlluArjun #ALLUARJUNARRESTED
Actor Allu Arjun was arrested after he visited Sandhya Theatre on December 4, 2024 to watch #Pushpa2. His security staff pushed general public and commotion caused a death of 39 year old. Her husband filed an FIR holding #AlluArjun & Management responsible for her death. Image
Read 96 tweets
Bar and Bench Profile picture
Dec 11
Bhushan Steel insolvency case: #SupremeCourt to shortly hear the case

Earlier Enforcement Directorate (ED) has stated that its appeal against JSW Steel's takeover of Bhushan Power and Steel might not be required to be argued in view of Section 32A of the Insolvency and Bankruptcy Code (IBC)Image
Adv Zoheb Hossain: if the relief can be moulded then the plea can be disposed off.

Justice Bela Trivedi: are you appearing on behalf of SG Mehta?

Hossain: Attachment by ED has been made after the approval of plan by NCLT.. thus prayer can be considered. If it is restored then let the attachment be restored to resolution professional under 8(8).
Justice Trivedi: We will not pass any piecemeal orders.
Read 10 tweets
Bar and Bench Profile picture
Dec 9
Tempers flare in #SupremeCourt amid hearing in case concerning adv Charanjeet Singh Chanderpal; Court urges lawyers to maintain discipline.

Court: If all of you behave like this ... Don’t you know this being livestreamed? Don’t you know these things are going in public domain? Image
Court: Don’t you think that this kind of behaviour inside the courtroom – what kind of impression is being given to the public? What kind of message is being given, you are officers of the Court all of you!

#SupremeCourt #CourtroomExchange
Court: Lot of training is required to be given to the bar also. We are sorry with the way you are going ahead ... You don't have any decorum to maintain in court?

#SupremeCourt #CourtroomExchange
Read 10 tweets
Bar and Bench Profile picture
Nov 29
#BREAKING: Supreme Court issues notice on plea challenging constitutional validity of provisions of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986

Bench: Justice BR Gavai and Justice KV Viswanathan

#UPGangstersAct Image
Senior Adv R Basant (appears for Petitioner): Whether only on basis of one base case another case under the act can be registered by the police itself. Furthermore, police is complainant, prosecutor and adjudicator under provisions of the act. Please note. This is important
Sr Adv Basant: Also, under this Act, without even a case of FIR against a person, its entire property are allowed to be attached. This aspect came up in Dharmendra Kirthal (2013) 8 SCC 368 as well and the court had issued notice but later did not consider the issue.
Read 4 tweets

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