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Bar and Bench Profile picture
@barandbench
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

Bar and Bench Profile picture
Oct 22
Supreme Court resumes hearing the challenge to the Allahabad High Court verdict which struck down the UP Board of Madarsa Education Act, 2004

Sr Adv Mukul Rohatgi: the judgment goes against the principle of secularism.. it essentially helps that concept by allowing this education..

CJI DY Chandrachud: secularism essentially means to live and let live

Rohatgi: the HC has gone against it.

#Madrasas #SupremeCourtImage
CJI: are you standing by the validity of the act...

ASG KM Natraj: Yes I support the validity of the act. But since constitutionality has been struck down we want to say something. we are defending the legislation but the state did not file a SLP
ASG: when high court struck down the act, we accepted it.

CJI: but you are saying you stand by the act

ASG: yes we filed a counter.. supporting the law. we can support in legal issues

CJI: as a state you have wide powers under section 20 to ensure basic quality of education in madrasas and as the state if you find that this basic level is not followed then you can intervene and that was your stand before the HC and you said act need not be struck down

ASG: the law can be struck down if it is against fundamental rights or its foul of legislative competence. But in this case... it has to be tested only against part III of the constitution.
Read 24 tweets
Bar and Bench Profile picture
Oct 21
#SupremeCourt to shortly hear PIL by BJP leader and former Union Minister Subramanian Swamy seeking deletion of the terms "socialist" and "secular" from Preamble to the Indian Constitution Image
The plea challenges 42nd amendment Act which added terms "socialist" and "secular" to describe India in Preamble.

Plea also challenges provisions of Representation of the People Act, 1951, requiring political parties to give undertaking to uphold secularism to get registered.
Bench: Justice Sanjiv Khanna and Justice PV Sanjay Kumar Image
Read 19 tweets
Bar and Bench Profile picture
Oct 4
#SupremeCourt is hearing appeal against April 8 order of Delhi High Court recognising Central Delhi Court Bar Association as main bar body for Rouse Avenue District Court

Bench: Justice Abhay S Oka and Justice Augustine George Masih Image
Delhi HC had rejected claim of Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association & Rouse Avenue District Court Bar Association which had all staked their claim to be declared as recognised bar association for Rouse Avenue Court

Read: barandbench.com/news/delhi-hig…
On August 9, while issuing notice, the top court had questioned High Court for entertaining a writ petition and proceeding to recognise lawyers body

Read our report on the last hearing: barandbench.com/news/litigatio…
Read 7 tweets
Bar and Bench Profile picture
Oct 3
Appeal against Madras HC judgment which ordered police investigation into the ashram run by Sadguru, Isha Foundation

Sr Adv Mukul Rohatgi: These are issues of religious freedom. This is a very urgent and serious case. This is about Ishal foundation, there is Sadguru who is very revered and has lakhs of followers.

#Sadguru #SupremeCourtImage
SG: HC should have been very circumspect. This needs your attention

#sadguru
The plea is by Isha Foundation, led by spiritual leader Sadhguru Jaggi Vasudev, as a team of 150 police officers descended upon its Thondamuthur ashram on Tuesday.

The search, spearheaded by an Assistant Deputy Superintendent from Coimbatore, came at the directive of the Madras High Court, which requested a comprehensive report on all criminal cases tied to the foundation
Read 20 tweets
Bar and Bench Profile picture
Oct 1
Supreme Court to shortly hear case where it said it will issue guidelines for bulldozer-led demolitions and anti-encroachment drives.

#SupremeCourtOfIndia #SupremeCourt #Bulldozer Image
Sr Adv Sanjay Hegde: I am for the fruit seller in Jahangirpuri in whose matter it first reached here. I only urge that it be listed today along with this and tagged.

SC: Okay. Did you tell the other side?
Solicitor General Tushar Mehta: I am appearing for three States including Uttar Pradesh, Gujarat and Madhya Pradesh. Very dispassionately I will give my suggestions, UP has in fact shown the way.

SC: But can being criminal accused be a ground?

SG: No absolutely not. Even for heinous crimes like rape or terrorism. Like my lord said it cannot also be that notice issued stuck one day before, it has to be in advance. Town planning authorities have that provision, lordships may say written be given by registered post so this pasting business stops and it gives 10 days time from date of receipt.
Read 24 tweets
Bar and Bench Profile picture
Sep 30
#SupremeCourt hears the case of the son of a dalit daily wager who cracked IIT Dhanbad but could not get admitted since he missed fees payment deadline

CJI: we cannot allow such a young talent boy to go away. He went to jharkhand legal services authority. then he is to chennai legal services and then he is sent to high court. he is a dalit boy being made to run from pillar to post.

Authority: It was not the login at last minute. in mock interview he was told to pay. NIC sent him a SMS and IIT sent him two whatsapp chats to finish payment..

CJI: he is the son of a daily wager.. there is something called.. we know technology is good.

Adv for petitioner: daily wage is 450 rupees. task of arranging 17,500 is a big deal. he collected the money from villagers

CJI: in article 142.. there are some cases we keep the law a little asideImage
CJI: he does all the hard work to get into IIT.. if he had 17,000 why will he not pay..

Adv for authority: but he made login every day

CJI: this shows how diligent he is..
Justice Pardiwala: the seat allotment intimation slip shows that you wanted him to pay and if he did then nothing else was required.. why are you opposing so much !! thats it (to the authority)
Read 7 tweets

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