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Bar and Bench

@barandbench

Sep 17, 2020 • 18 tweets • 14 min read • Read on X

@SudarshanNewsTV

《𝑺𝑪 𝑯𝒆𝒂𝒓𝒊𝒏𝒈 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

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.

@MIB_India

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

@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

.@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

@SudarshanNewsTV

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

@SureshChavhanke

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

@SureshChavhanke

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

@SureshChavhanke

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

@SureshChavhanke

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

@SureshChavhanke

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

@SudarshanNewsTV

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

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.

@SudarshanNewsTV

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
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Feb 11

Supreme Court hears the plea by Association of Democratic Reforms

CJI Sanjiv Khanna: what is this for ?

Adv Prashant Bhushan: we are Seeking that the procedure which ECI needs to adopt as per supreme Court judgment is in consonance with their standard operating protocol. What we want is that somebody should examine the software and the hardware of the EVMs in order to see if the software and hardware has any element of manipulation or not

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Sr Adv Devadatta Kamath: I appear for Sarva mitter. The entire data was wiped out. the evms on which polling was done should be tested.

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Sr Adv Kamath: dummy units are checked not real ones. Here a fresh poll is being conducted and 40,000 being spent for verifying and checking each machine and the payment is to be by the candidate and then it's just a mock poll!

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Feb 11

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Justice BR Gavai: Issue has already concluded. Can we revive that by way of another writ

Adv Nizamuddin Pasha: But the issue is when private individuals are given police powers to seize vehicles and nab people for cattle smuggling.. this is how police powers are given to private agencies. Attitude of state machinery needs to be looked at and see how brazen it is.. some kind of oversight from this court will help

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Pasha: It exists across states and is across spectrum

SG Tushar Mehta: I appear for the Union. If such things are happening it can be challenged

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Pasha: and thereafter all states and UTs were made a part. Oct 28,2023, was the plea to implead all States and UTs . They have replied also

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Jan 28

Should former AAP councillor Tahir Hussain granted interim bail in a case related to Delhi riots so that he may campaign for the upcoming Delhi Assembly polls as an All India Majlis-e-Ittehadul Muslimeen (AIMIM) candidate?

#SupremeCourt to hear @AamAadmiParty @aimim_national

The case comes to a three-judge bench after Justice Pankaj Mithal ruled that bail should be denied and Justice Ahsanuddin Amanullah stated that bail should be granted #TahirHussain #DelhiElection2025

Hearing to commence at 10:30 am #SupremeCourtofIndia

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@barandbench

Jan 20

Supreme Court hears the case where village residents oppose the burial of a Christian man in the graveyard of their village in Chhattisgarh’s Bastar

Son of deceased Ramesh Baghel, a farmer from a Scheduled Caste (SC) community, who has kept the body in a mortuary for 12 days now is before supreme court

Justice BV Nagarathna: Why cannot a person before buried where they wanted to. Body is in mortuary? We are sorry to say that A person has to come to supreme court for the burial of his father. The HC, panchayat etc are not able to solve the problem. The HC says there will be law and order problem.. we are pained at this.

SG Tushar Mehta: if the case is to be decided only on emotions then I have nothing to say, else let it be argued

Sr Adv Colin Gonsalves: see the real reason, burial not being allowed because the person had converted.

SG: Intention may be to make this a precedent for rest of country. There is burial ground for the tribals who are not Christians. Though they are not christians they bury their dead. When christians die, just 20 km away there is a christian burial ground and they take the dead their and bury them. This ground is a Hindu tribal burial ground. Thus rather than not being vehement that I will not go 20 kms away.. then there are laws..

Justice Nagarathna: but what about burying in own land?

SG: once you bury or cremate someone in a private land the character of land changes it becomes a sacred place and it also has health issues. That is not permitted.. cremation etc is not allowed in private lands

Justice Nagarathna: no no nothing remains after cremation...

SG: it is not about one person it is the beginning of something else.

Read 12 tweets

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#SupremeCourt hears plea seeking quashing of the entire process of designation of 70 lawyers as senior advocates undertaken by the Delhi High Court

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Justice Gavai: we will grant you liberty to amend the plea and if it is not amended then we will take steps accordingly. Tell us who is the signatory to the profession.

Nedumpara: I myself.

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The vacation bench of
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