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Sep 14, 2020 13 tweets 4 min read Read on X
Delhi HC begins hearing a PIL to recognise same-sex marriage under Hindu Marriage Act.

#samesexmarriage #homosexuality #LGBT

@Iyervval Image
He are seeking to impose marriage equality under Hindu Marriage Act. The Act does not say that marriage has to take place between a man and a woman: Adv Raghav Awasthi for the Petitioners.

#samesexmarriage
Benefits available to heterosexual are thus not available to homosexual couples: Awasthi

Have any homosexual couples applied for marriage registration but were denied? : Court

Yes, but they were not willing to come before the Court. Thus, the PIL: Awasthi
My instructions are that such marriages are not being registered: Awasthi
What Petitioners are seeking cannot ve granted: SG Tushar Mehta
Our legal system, society and values do not recognise marriage between same sex couples : SG Tushar Mehta
SG Tushar Mehta reads the section of degree of prohibited relationships under Hindu Marriage Act, says it refers to "man" and "woman".
At the moment, we are asking that is a PIL maintainable.: Court

I checked up the law. Court can't legislate : SG Mehta

I won't even file an affidavit. I will rely on statutory provisions: SG Mehta
Court may bear in mind that Surpreme Court only decriminalized homosexuality. Nothing more or less: SG Mehta

The Supreme Court gave reasons: Justice Prateek Jalan
If there are any aggrieved persons, they can can come. No question of a PIL : Court

You give names of such persons: Court
One of the petitioners, Mr Gopi Shankar is trying to get his marriage registered. I will take instructions: Awasthi.
Court grants time to the Petitioners to submit list of persons who are aggrieved by non registration of same sex marriage under HMA.

Matter adjourned till Oct 21
.
Our legal system, values do not recognise same-sex marriage: SG Tushar Mehta tells Delhi HC

barandbench.com/news/litigatio…

@Iyervval #tusharmehta #marriage

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More from @barandbench

Nov 26
Supreme Court to hear petitions challenging SIR in Bihar, Tamil Nadu, Kerala, West Bengal and Puducherry
#SIR #SupremeCourt Image
CJI Kant: Tamil Nadu SIR matter will be on Monday. Kerala SIR issue is for deferment of SIR since local body elections are on

Sr Adv Rakesh Dwivedi: Plea was first before Madras HC. State election commission had said they are not facing any issues. ECI and SEC are coordinating. 99 percent voters have got forms, more than 50 percent are digitised.

CJI Kant: File separate status report for Kerala SIR.
Sr Adv Raju Ramachandran: Tamil Nadu issue is important. Cut off date is December 4.

Sr Adv Rakesh Dwivedi: Have it on 5th November.

Sr Adv Ramamchandran: This is too late.
Read 25 tweets
Nov 23
CJI BR Gavai speaks a day before he demits office as 52nd Chief Justice of India

Q: Post retirement?

CJI: I have made it clear that I will not accept any post retirement opportunity. I will like to work for tribals. I will be in Delhi only primarily. Image
Transfers controversy?

CJI: We only made transfers when it was needed or guidance of senior judges were needed in that High Court. Some transfers were because of complaints were received but they were processed only after verification from the consultee judges.
Social media uproar?

CJI: What you don't say in court is put in your mouth. Some AI clip shows that the shoe missed Justice Vinod Chandran and touches me. Technology has advantages and disadvantages.
Read 18 tweets
Nov 21
Supreme Court to resume hearing 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

#SupremeCourt #UmarKhalid Image
Hearing begins
ASG SV Raju for Delhi Police: 53 people killed, more than 530 injured, there was a lot of violence. Petrol bombs were used, stones were pelted, sticks, acid like chemicals were used. Stones were pelted on a small contingent of policemen.
Read 27 tweets
Nov 20
Supreme Court to continue hearing bail pleas by Umar Khalid and other accused in the 2020 Delhi riots conspiracy case.

Delhi police to resume arguments today.

Bench: Justices Aravind Kumar and NV Anjaria

#SupremeCourt #UmarKhalid Image
-hearing begins-

ASG SV Raju: I had finished my submissions on parity. I was on the aspect of delay. There was delay even after the high court judgement.

Raju points to the counter affidavit filed by the Delhi police.

He says delay in trial proceedings are attributable to the accused. Highlights orders dated 7.8.25, 12.8.25, 3.9.25, 14.10.25 of the trial court saying adjournments were sought by the accused.
Raju: the trial court may be directed to expedite to proceedings. It’s not a ground to grant bail.

Justice Kumar: on what proposition are you relying on the Salim Khan judgement?

Raju: on delay. In para 13 it has been held that even if someone is in jail for 5 and a half years it’s not a ground to grant bail.

Justice Kumar: but in that case there was direct evidence

Raju: I also have evidence. I shall show to the Court. There’s so much of evidence.
Read 22 tweets
Nov 19
Supreme Court resumes hearing plea seeking investigation into alleged financial irregularities and fund diversion by Indiabulls Housing Finance Ltd (IHFL), now renamed Sammaan Capital Ltd.

Bench: Justices Surya Kant, Ujjal Bhuyan, and NK Singh Image
ASG SV Raju: your lordships had sought for the reports last time, I am ready with the reports.

Adv Prashant Bhushan: on the basis of SEBI affidavit this case is crying for an FIR. India bulls is a NBFC. They sent it to the NHB and MCA. Though MCA filed two affidavits before the high court, they don’t mention this before the high court. All that they say is yes certain violations have been noted and they have been compounded. Sameer Gehlot has fled the country. He has bought 5 star hotels, yachts, aircrafts there. SEBI has pointed out that there appears to be evergreening of loans. Shareholding of public is getting transferred to Sameer Gehlot. It needs a detailed investigation.
Justice Kant: very surprisingly CBI has a very cool kind of attitude in this case. We have never seen such a friendly approach by the CBI. This is ultimately public money. There is strong element of public interest. Even if 10% allegations are correct still there are large scale transactions which can be dubbed as dubious. You register an FIR. It will strengthen the hands of the ED, SFIO etc. whoever has to investigate. Why is the MCA indulging in closing the investigation like this? What is their interest in this?
Read 9 tweets
Nov 18
Supreme Court hears case pertaining to long pending bar council elections in States.

Bench: Justices Surya Kant, Ujjal Bhuyan, and NK Singh Image
On the last hearing, the court had said it will appoint retired high court judges for each state to oversee bar council polls.
Sr. Adv. Gopal Sankarnarayanan: over the last several years we have seen how the bar council of India has followed a particular pattern….

Sr. Adv. Manan Mishra, BCI Chairman: you are in the habit of making such allegations in all the courts against the BCI. You are making a mockery of the bar council.
Read 11 tweets

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