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Bar and Bench

@barandbench

Nov 28

Supreme Court hears plea concerning OBC reservation for Maharashtra polls

Sr Adv Indira Jaising: We dispute the Banthia commission report because the motive was to reduce the OBC count and only surnames were taken into account.

CJI Surya Kant: We have today a bench mark .. the Banthia commission. We have also not read it but may have to look at critically now

Jaising: The contempt is disguised way to seek review.

CJI: here order is construed or misconstrued is the contention.

CJI: We will hear this matter in 3 judge benches combination by second week of January

Sr Adv Vikas Singh: then let there be no elections till then

Read 7 tweets

Bar and Bench

@barandbench

Nov 27

Supreme Court hears the Ranveer Allahabadia case:

Adv Prashant Bhushan: I appear for a disabled professor. This is a very important issue on free speech and how such stakeholders need to be taken into confidence while having consultations

SG Tushar Mehta: Right now we are not dealing with obscenity. But with perversity. Something needs to be done on user generated content. One can have his own @YouTube channel and....we cannot do everything and anything under the garb of free expression

CJI Surya Kant: It is strange that I create my own channel and keep doing things without being accountable. Yes free speech has to be protected ..suppose there is a program with adult content.. there can be warning in advance with parental control.

AG R Venkataramani: Ministry of Information and Broadcasting is proposing to have a meeting. They will do everything possible to have a public consultation

CJI: if some provisions need to be incorporated or something needs amendment

SG: yea being considered. I had a word with the minister.

Indian Broadcast and Digital Foundation counsel: Age classification and warnings are in place. There are Digital Media Ethics Code. This code is subjudice.. it was challenged before various HCs and union filed a transfer and it was transferred to Delhi HC and it is to be heard on January 8. This concerns content it Netflix etc. There are 27 petitions. There are Broadcast complaint commission headed by Justice Gita Mittal. Here the category is different. Here comments were made in a user generated content. Ministry has filed a note saying UGC guidelines they are thinking about.

CJI: what is the single instance of penalty or action ? Self styled bodies will not help..some autonomous bodies are free from the influence from those who are exploit all of this and the state also... as a regulatory measure.

Read 23 tweets

Bar and Bench

@barandbench

Nov 26

Supreme Court to hear petitions challenging SIR in Bihar, Tamil Nadu, Kerala, West Bengal and Puducherry
#SIR #SupremeCourt

CJI Kant: Tamil Nadu SIR matter will be on Monday. Kerala SIR issue is for deferment of SIR since local body elections are on

Sr Adv Rakesh Dwivedi: Plea was first before Madras HC. State election commission had said they are not facing any issues. ECI and SEC are coordinating. 99 percent voters have got forms, more than 50 percent are digitised.

CJI Kant: File separate status report for Kerala SIR.

Sr Adv Raju Ramachandran: Tamil Nadu issue is important. Cut off date is December 4.

Sr Adv Rakesh Dwivedi: Have it on 5th November.

Sr Adv Ramamchandran: This is too late.

Read 25 tweets

Bar and Bench

@barandbench

Nov 23

CJI BR Gavai speaks a day before he demits office as 52nd Chief Justice of India

Q: Post retirement?

CJI: I have made it clear that I will not accept any post retirement opportunity. I will like to work for tribals. I will be in Delhi only primarily.

Transfers controversy?

CJI: We only made transfers when it was needed or guidance of senior judges were needed in that High Court. Some transfers were because of complaints were received but they were processed only after verification from the consultee judges.

Social media uproar?

CJI: What you don't say in court is put in your mouth. Some AI clip shows that the shoe missed Justice Vinod Chandran and touches me. Technology has advantages and disadvantages.

Read 18 tweets

Bar and Bench

@barandbench

Nov 21

Supreme Court to resume hearing 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

#SupremeCourt #UmarKhalid

Hearing begins

ASG SV Raju for Delhi Police: 53 people killed, more than 530 injured, there was a lot of violence. Petrol bombs were used, stones were pelted, sticks, acid like chemicals were used. Stones were pelted on a small contingent of policemen.

Read 27 tweets

Bar and Bench

@barandbench

Nov 20

Supreme Court to continue hearing bail pleas by Umar Khalid and other accused in the 2020 Delhi riots conspiracy case.

Delhi police to resume arguments today.

Bench: Justices Aravind Kumar and NV Anjaria

#SupremeCourt #UmarKhalid

-hearing begins-

ASG SV Raju: I had finished my submissions on parity. I was on the aspect of delay. There was delay even after the high court judgement.

Raju points to the counter affidavit filed by the Delhi police.

He says delay in trial proceedings are attributable to the accused. Highlights orders dated 7.8.25, 12.8.25, 3.9.25, 14.10.25 of the trial court saying adjournments were sought by the accused.

Raju: the trial court may be directed to expedite to proceedings. It’s not a ground to grant bail.

Justice Kumar: on what proposition are you relying on the Salim Khan judgement?

Raju: on delay. In para 13 it has been held that even if someone is in jail for 5 and a half years it’s not a ground to grant bail.

Justice Kumar: but in that case there was direct evidence

Raju: I also have evidence. I shall show to the Court. There’s so much of evidence.

Read 22 tweets

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