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Bar and Bench Profile picture
@barandbench
Sep 14, 2020 • 13 tweets • 4 min read • Read on X
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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

Bar and Bench Profile picture
Mar 10
Supreme Court to hear batch of cases concerning the SIR process in West Bengal

Fresh petition also listed challenging the deletion of voter names due to non acceptance of key documents

#SupremeCourt #WestBengalSIR Image
Sr Adv Menaka Guruswamy: About 7 lakh claims have been decided by the judicial officers. 63 lakh was under adjudication. 57 lakhs are remaining.

CJi: we knew you people will run away when judicial officers are appointed. HC Chief justice has told us 10 lakhs decided. Today morning we are informed. Your application is premature and it shows as if you don't have trust. How did you dare such applications are filed? No one should dare question the judicial officers

Guruswamy: We are not questioning

CJI: you may have not. But there are questions. As a Chief justice of India I will not tolerate this.

Guruswamy: No one can question the JO at all. We have appeared before the chief justice and it was an honour to appear before him.
Guruswamy: JOs now have 50 lakh cases to be broadly decided. There are roughly 48 lakh mapped voters.. we say they are mapped because they were in 2002 electoral rolls and they have voted..

CJI: that is why SIR is there. All genuine will be included. All unauthorised etc will not be there. That is being looked at by the judicial officers. Why should we look into this. Till a day before voting if the cloud upon a voter is removed then he can vote.
Read 12 tweets
Bar and Bench Profile picture
Mar 9
Delhi High Court to hear today CBI's plea challenging discharge of Arvind Kejriwal, Manish Sisodia, K Kavitha and 20 others in the excise policy case.

Justice Swarana Kanta Sharma to hear the matter.
@ArvindKejriwal @msisodia @CBIHeadquarters @AamAadmiParty @RaoKavitha Image
The CBI has filed a 974-page revision plea stating that the trial court order is "patently illegal, perverse and suffers from errors apparent on the face".

It has also sought a stay on the court's direction to initiate proceedings against the officer who investigated the case.
Read details here:

barandbench.com/news/excise-po…
Read 39 tweets
Bar and Bench Profile picture
Mar 2
Delhi High Court to hear shortly a plea filed by Youth Congress President Udai Bhanu Chib challenging the Sessions Court order staying his bail ex parte.

Justice Saurabh Banerjee to hear the case.
@IYC @UdayBhanuIYC #Bail Image
Chib was granted bail by a magistrate on Saturday at 3:30 AM. The order was stayed by a Sessions Court the same evening without hearing him.

Read details here:
barandbench.com/news/litigatio…
Judge Banerjee presides.

There are three bail applications listed before the Court. Chib's plea is at serial number 3.
Read 41 tweets
Bar and Bench Profile picture
Feb 27
[Puran Chander Sen vs State of Rajasthan]

CJI Surya Kant: Inko cost nahi lagaya high court ne ? Band vand pehene nahi hai.. laga koi dangal me utarne aaye hai.

Justice Bagchi: HC has imposed cost

CJI: Kitne saal hogaye wakalat karte aapko?

Adv: From 1995...

CJI: Who committed the mistake of giving you a license. Please don't file such petitions. People believe you .. how will people trust you if you file all this

Adv: Ideals of RSS is against the Constitution..

Justice Bagchi: if you press further.. we have to increase the costs. You may have a difference of opinion from ideology or politics etc. but that does not give rise to offence or you ask FIR against an authority. For argument stake if parliament passes an illegal law.. is it a crime ?? Please withdraw do not embarrass yourself.Image
CJI: The petitioner who is a practicing advocate and is present in person states that having realised his bona fide mistake, he does not want to pursue the petition which was filed under BNSS. He also undertakes not to file any such complaint, application / petition in any court or any other format. As with complaint dated 2020 sent to SHO Alwar.
CJI: Petitioner further prays that this court may take a lenient view and exempt him from paying cost as imposed by HC and to further prosecute the petitioner. Taking into consideration the repentance shown by the petitioner, and his undertaking, and also keeping in view other mitigating factors, we direct that para 16 of the impugned judgment of HC shall remain in abeyance indefinitely save and except that it will automatically stand revived if the petitioner does act in any manner directly or indirectly in breach of undertaking given before us.
Read 4 tweets
Bar and Bench Profile picture
Feb 26
Supreme Court hears the controversy around establishment of a crematorium near the Isha Yoga Center in Coimbatore

Adv Prashant Bhushan: the community that stays there... do not burn but bury bodies.. now Isha foundation is saying come to this land ..burn body and attain moksha. They are bringing the bodies from Coimbatore and burning it here. They are local tribals..

CJI Surya Kant: Burial has become an expensive affair. Isha Foundation is not a religious service. They are doing some pious work. Its a good work also ..these bodies.. did you sell this land to them? You can only claim that you sold for lawful activity.. but you cannot dictate it to them... Let them find a suitable place for you and compensate you so that you have better living conditions.

Justice Bagchi: this was done to stop the unregulated cremation of bodies.

Bhushan: this violates my fundamental right with the stench coming always...Image
Sr Adv Mukul Rohatgi: what is Mr Bhushan saying.. lodhi road crematorium is just beside homes..

Bhushan: there are no homes

Roahtgi: what about birbal road and jangpura...

Justice Bagchi: perhaps you should see my more unplanned city... which is right beside the Ganges and homes there as well.
CJI: On our suggestion parties are agreeable to explore a possibility of amicable solution .. so that a compensation can be paid to purchase a residential house at another place of his choice. we urge the parties to settle their dispute amicably. #SupremeCourt
Read 4 tweets
Bar and Bench Profile picture
Feb 26
Supreme Court to shortly hear The it's Suo Motu case over a “selective reference” in a Class 8 textbook, published by the National Council of Educational Research and Training (NCERT), about “corruption” in the judiciary
#SupremeCourt #CorruptionInJudiciary #SuoMotu Image
After the CJI Surya Kant led bench
expressed strong reservations against such a chapter, NCERT on Wednesday apologised for what it termed a “purely unintentional” inclusion of “inappropriate material” in a Class 8 Social Science textbook and halted its circulation #NCERT
CJI led bench assembles

#SupremeCourt #CorruptionInJudiciary #SuoMotu
Read 22 tweets

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