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Bar and Bench

@barandbench

Sep 14, 2020 • 13 tweets • 4 min read • Read on X

@Iyervval

Delhi HC begins hearing a PIL to recognise same-sex marriage under Hindu Marriage Act.

#samesexmarriage #homosexuality #LGBT

@Iyervval

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
.

@Iyervval

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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Bar and Bench

@barandbench

May 23

Ceremonial bench proceedings underway to mark the last working day of Justice Abhay S Oka

AG R Venkataramani: All of us got equal treatment in your court. I have cherished the questioning moments. By working so tirelessly you have set bad standards for your law clerks as some even forgot to go home..

SG Tushar Mehta: Despite such an irreparable loss you treated duty as a judge first. You could have addressed virtually also. This shows duty. Please spare more time for family. You have often been much more prepared than lawyers. Your lordships services are required and please do not close any door
.

SG: you may not believe in God, but i believe, May God be always on your side. Me and ASG Raju were almost always at the wrong side of the judgment ..but our love and respect for you was never affected. We respect your for who you are.

Read 32 tweets

Bar and Bench

@barandbench

May 21

Delhi High Court to shortly hear a defamation suit filed by Newslaundry Executive Editor Manisha Pande and eight other women journalists against Abhijit Iyer-Mitra for referring to them as ‘prostitutes’ and their workplace as a ‘brothel.’

Advocate Bani Dixit appears for Newslaundry journalists. She says "Plaintiffs are journalists from all walks of life. These are defamatory articles outside the bounds of criticism. These are all working women."

Court: What does the defendant do ?

Dixit: The kind of things he has said I cannot read it out also.

She reads out the allegedly defamatory portions

Read 14 tweets

Bar and Bench

@barandbench

May 21

[Arrest of Ashoka University Professor]

Supreme Court to shortly hear a petition challenging the arrest of Ali Khan Mahmudabad, an associate professor at Ashoka University, Sonipat, over certain remarks on Operation Sindoor

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia

Senior Advocate Kapil Sibal to argue for Mahmudabad

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia

@AshokaUniv Sr Adv Sibal: Please see page 46 which has the statement on the basis of which criminal culpability is attributed

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia

Read 21 tweets

Bar and Bench

@barandbench

May 20

[Waqf Hearing in Supreme Court]

Supreme Court bench led by CJI B.R. Gavai would hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on May 20, for the limited purpose of interim relief

#SupremeCourt #WaqfAct

The bench will consider whether interim relief of stay is required on three issues - waqf by user, nomination of non-Muslims to the Wakf Council and State Waqf Boards and identification of government land under waqf #WaqfAct

The Central government had earlier told the Supreme Court that certain key provisions of the controversial Waqf (Amendment) Act, 2025, including the formation of the Central Waqf Council and Waqf Boards and provisions on de-notifying properties already declared or registered as waqf, will not be acted upon for the time being.

Read 36 tweets

Bar and Bench

@barandbench

May 16

Supreme Court hears a plea stating Rohingya refugees were thrown into the sea

Justice Surya Kant: Everytime you have a new story. Now how is this beautifully crafted coming from

Sr Adv Colin Gonsalves: this is the 38 persons deported and then they were taken to Andamans and then were put in the sea with life jackets

Justice Kant: who was clicking the videos and photos? How did he come back ? What is the material on record ? We did not see anything at night.

Justice Kant: when the country is going through such a tough time you bring up these fanciful petitions.

Gonsalves: Then there was call made from Myanmar

SC: We know how these calls are made of Jharkhand etc and numbers of Myanmar, Dubai etc are shown

Gonsalves: Govt can probe. One of the deported called from Myanmar.

Justice Kant: Where is this corresponding averment in the submission regarding this annexure. Show us that.

Read 11 tweets

Bar and Bench

@barandbench

Apr 16

#Bombay High Court is set to shortly hear stand-up comedian Kunal Kamra's plea seeking quashing of the FIR filed over his 'Gaddar' remark allegedly directed at Maharashtra Deputy CM Eknath Shinde.
@kunalkamra88

A bench of Justice Sarang Kotwal and Justice S M Modak had earlier adjourned the matter to today, April 16, after taking note of the interim protection granted to Kamra by the Madras High Court.

On April 7, the Madras High Court had extended Kamra’s interim protection from arrest till April 17, while hearing his transit anticipatory bail application.

Read 35 tweets

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