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Sep 17, 2020 β€’ 18 tweets β€’ 14 min read β€’ Read on X
γ€Šπ‘Ίπ‘ͺ π‘―π’†π’‚π’“π’Šπ’π’ˆ 𝑨𝒍𝒆𝒓𝒕》

Supreme Court to hear plea seeking stay on @SudarshanNewsTV program of #UPSC_Jihad & to balance freedom of speech & expression with the right of a journalist.
@SureshChavhanke
#SupremeCourt
#LiveUpdates Image
SC had observed it would form a committee leading to formation of standards for electronic media. It had also said that one "cannot say that Muslims are infiltrating the civil services." The channel was injuncted from airing any more episodes till further orders.
Centre in its reply has informed SC that it should first regulate digital media as it has a wider reach. Next ir contends that SC should not lay down standards without an amicus or committee of amicus since its one show or a few episodes.
@MIB_India
News Broadcasters Association, on the other hand says their regulations are referred to by various HCs and that they have rules and an authority in place to recieve complaints against electronic media, impose cost on them or even refer them to @MIB_India for license revocation
.@SureshChavhanke @SudarshanNewsTV has informed SC that UPSC Jihad was used as a terminology in the show owing to the foreign funding pooled in by the Zakat Foundation and how "infiltration was happening in the UPSC"
#FreedomOfSpeech
#freedomofpress
Supreme Court to shortly begin hearing the plea against @SudarshanNewsTV program.

Item 16 being heard now. Item 20 is the Sudarshan TV case.

#LiveUpdates
#SupremeCourt
Hearing begins.

Senior Adv Shyam Divan for the channel starts: We have filed our affidavit.

Senior Adv Anoop Chaudhari: We recieved their reply at 12 pm. So many irrelevant things!

@SureshChavhanke
@SudarshanNewsTV
#binsaasbol #UPSC_Jihad #freespeech #hatespeech Image
Divan: Very difficult to prepare the reply in such a short span of time. I understand what other side is saying as I was in the same position last time and was ambushed by the IA

@SureshChavhanke
@SudarshanNewsTV
#binsaasbol #UPSC_Jihad #freespeech #hatespeech
Divan: I have also recieved the other affidavits just now. You all will sit on Monday and can be taken up then or take it up tomorrow. I have a court commitment from Mon which will take time

@SureshChavhanke
@SudarshanNewsTV
#binsaasbol #UPSC_Jihad #freespeech #hatespeech
Divan: Can I place my affidavit with the understanding that it will not conclude today and can continue on Monday.

Justice Chandrachud: the bench will break at 3:15 pm

@SureshChavhanke
@SudarshanNewsTV
#binsaasbol #UPSC_Jihad #freespeech #hatespeech
Adv Shadan Farasat: all the episodes are available on YouTube

Solicitor-General Tushar Mehta: Why don't you send a pendrive to the court master

@SureshChavhanke
@SudarshanNewsTV
#binsaasbol #UPSC_Jihad #freespeech #hatespeech
SG Mehta: Since Mr Divan has a professional difficulty on Monday, we can have the hearing tomorrow.

Justice Chandrachud: We can ask CJI to constitute a bench tomorrow for this case and we can have the hearing tomorrow at 10.30 am and finish it off
Senior Adv Anoop Chaudhari: we cannot be expected to file a reply by tomorrow

Justice Chandrachud: How long is the affidavit by @SudarshanNewsTV ?

Chaudhari: 92 pages!
Justice Chandrachud: Mr Divan has submitted his unavailability from Monday. All counsels have agreed for a hearing tomorrow. We will urge the CJI to constitute a bench tomorrow at 10.30 am

SG Mehta: Please keep it at 12 pm
Justice Chandrachud: We will start at 12 and finish it at 1.30 pm tomorrow

Counsel for Press Council of India: Please allow me to make submissions after Mr Divan
Justice KM Joseph: Who is your client, Mr Divan? A Cable TV operator or a broadcaster? Rule 6 applies to the cable TV network operators.

Senior Adv Preetesh Kapur for PCI: Yes that is why electronic media is on a different footing as they use public property like air waves Image
Senior Adv Divan: I had given an assurance that links or pendrives are given to the court Master. It was not given, I will ensure you have the links atleast today via the court master

Hearing ends.
Plea against the broadcast of Sudarshan TV's "UPSC Jihad" show - Supreme Court hearing adjourned to tomorrow: LIVE UPDATES [Day 3]
#SudarshanNews #SudarshanTV @SudarshanNewsTV @SudarshanNewsTV #UPSC_Jihad
barandbench.com/news/litigatio…

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More from @barandbench

Dec 17
Delhi High Court to hear today a PIL seeking an inquiry against the DGCA for the Indigo fiasco and fourfold compensation to passengers who were left stranded at airports due to the cancellation of flights.

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A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela to hear the case.

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ASG Aishwarya Bhati: In our status report we have furnished minutes of meeting approved by the Home secretary.

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Dec 11
[Prajwal Revanna Vs State of Karnataka]

Sr Adv Siddharth Dave: Please see the observations made by the HC judge

CJI Surya Kant on alleging bias against Judges: There are hypothetical situations in court. We make observations. But I am not someone who will take browbeating. Not so easy with me. As soon as the judge makes an observation there are allegations made against him.#SupremeCourtImage
CJI Surya Kant: Sometimes we make errors but we rectify it. I just did it. We deal with such large volume of cases and evidence.

Sr Adv Sidharth Luthra: Please see what the trial court observed that the accused was taken aback by framing of charge. The court has proceeded...

Sr Adv Dave: the judge holds that I should be proceeded against misconduct.

CJI: court was correct because counsels were being changed so often.
CJI: we will help you rebuild trust and faith in the system.

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Dec 11
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Read 5 tweets
Dec 9
Supreme Court resumes hearing the challenge to the Special Intensive Revision as conducted by the election commission of India in Bihar

Sr Adv Shadan Farasat begins Image
Farasat: Your Lordships in multiple judgments have said that Articles 324 to 329 constitute one scheme. Your Lordships will recall that the Representation of the People Acts of 1950 and 1951 were passed by the Constituent Assembly sitting as the Provisional Parliament.

Recall that the 1950 and 1951 Acts were enacted by the provisional Parliament. The first general election in India took place from October 1951 to February 1952 after these Acts were enacted. Although the composition was the same as the Constituent Assembly, my submission is that Articles 324 to 329 read with the 1950 and 1951 Acts form one constitutional code.

This code gives a very clear indication of the powers of the Election Commission.
Farasat: The question I am addressing is the scope and power of the Election Commission regarding the determination of citizenship while preparing electoral rolls. Do they have a role. What is the extent of that role. Because my respectful submission is on this issue.

Please have Article 324. Article 324 contains the general power of superintendence.

Next, Article 325:

β€œThere shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.”

This is a non discrimination provision. Article 325 mirrors the language of Article 15. The same grounds. Religion, race, caste, sex.

.
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Dec 9
Supreme Court to resume hearing today 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

#UmarKhalid #SupremeCourtofIndia Image
Sr. Adv. Siddhartha Dave appearing for Sharjeel Imam to continue arguments today.
Counsel states Umar Khalid has moved the trial court seeking interim bail for attending his sister’s wedding.

Counsel: I just wanted to inform. Such bail has been granted before as well.
Read 47 tweets

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