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Bar and Bench

@barandbench

Apr 23

#Breaking
Delhi court orders FIR against Abhijit Iyer-Mitra for objectionable posts about Newslaundry’ Manisha Pande and other journalists.

@Iyervval @MnshaP @newslaundry

The court says that Iyer-Mitta made sexually coloured remarks against Pande and other journalists and the same are prima facie intended to insult Pande and she has been named in the tweet as well.

“Therefore, on perusal of
the application and the material placed on record by the
complainant, this Court is of the view that the content of the
tweets posted by the accused on “X” platform discloses
commission of cognizable offences under section 75(3) and 79 of
BNS,” the court says.

“This Court is of the view that police investigation is necessary as the offence has been committed in cyber space on platform "X". Therefore, police investigation is necessary to verify the user account on platform "X" from which the said tweets were published. Further police investigation is also necessary to trace and recover the computer source/electronic device from which the said tweets were published. This Court is also of the view that the Action Taken Report which was filed by PSI Ombir in the present case is not satisfactory as the above stated tweets were not considered in the report,” the court adds.

Read 4 tweets

Bar and Bench

@barandbench

Apr 22

Delhi HC to hear today a plea seeking contempt of court action against Arvind Kejriwal, AAP leaders and journalist Ravish Kumar for allegedly publishing the video recording of court proceedings when Kejriwal argued before Justice Swarana Kanta Sharma.

CJ Devendra Kumar Upadhyaya and J Tejas Karia to hear the case.

@AamAadmiParty @ArvindKejriwal @Vaiibbhav

The petition has been filed as a PIL by advocate Vaibhav Singh.

Apart from Kejriwal and Kumar, action has been sought against Digvijay Singh, Manish Sisodia, Sanjay Singh Sanjeev Jha, Purandeep Sawhney, Jarnail Singh, Mukesh Ahlawat and Vinay Mishra.

The plea also seek removal of those videos from social media platforms.

Read 6 tweets

Bar and Bench

@barandbench

Apr 21

Supreme Court hears plea by Muslim cleric Kazeem Ahmad Sherwani, alleging hate crime over his religious identity.

Sherwani alleges that his beard was pulled, his cap was removed, and he was insulted on religious grounds.

Bench: Justices Vikram Nath and Sandeep Mehta

Sherwani had approach the Court seeking a fair investigation, stating that appropriate penal provisions were not invoked in his case by UP Police.

The State had earlier conceded that relevant sections dealing with religious hate speech were not added to Sherwani’s FIR.

The court had then asked the State to add the relevant sections (section 153B and 295A of the IPC) to the FIR.

Read 6 tweets

Bar and Bench

@barandbench

Apr 20

[In Re: Creation of Special Exclusive Courts]

All Advocate Generals of all states in Supreme Court , Court 1 today

CJI Surya Kant: You are all here. There are questions of liberty, right to life etc. State writes to HC Chief justice that court needed for sc st act. Then another letter asking for Nia Court. Same special court becomes the nia court. Then family cases. So the special court becomes a mockery.

ASG Aishwarya Bhati: State has to provide land and building. 1 crore recurring fund also needed for each of these court.

CJI: Day to day trial has to take place in these courts.

CJI: This court has to be in adjoining, next building or closest to the place where bar members are. Ideally it should be in the same complex. It has to be one court. Immediately one court needed. Then additional manpower will be needed. So we need trained and experienced judicial officers and there will be temporary increase in higher judicial services cadre strength also.

Jharkhand: There are 790 UAPA cases pending. All principal district judges are dealing with UAPA Cases

CJi: this is what is creating the problem. Hardly they will be on bail

Justice Bagchi: just see how many are undertrials at the moment. That is our concern. Not the state or centre.

CJI: the 24 courts you have are not special courts also.

Justice Bagchi: do you know the burden of the principal district judge. Is the judge dealing with only UAPA

Read 7 tweets

Bar and Bench

@barandbench

Apr 20

[Md Abdur Raheman vs State of Odisha] Accused who is facing trial for recruiting youth to join Al Qaeda

Sr Adv: Trial in Odisha are on the same charges and the same material. He has already served 10 years when maximum is 7.5 years.

CJI: but look at his association with one of the most dreaded organsiations in the world. Society also deserves to live peacefully.

Sr Adv: But how can he be tried twice for the same offence?

CJI: yea that is true. He can serve only the maximum period not beyond that.

ASG Natraj: we will finish the trial in 6 months.

CJI: please ensure that state public prosecutor, one dedicated one has to be in court always for trial in this case. We will fix a timeline of 2 months. We will direct day to day hearing.

CJI: the petitioner was sentenced to undergo rigorous imprisonment for 7.5 years by Patiala House court. He has undergone that sentence. There is another 2015 FIR registered in Cuttack, Odisha.

CJI: He had approached District court and high court to release him on bail. Odisha HC denied him bail. Petitioner says that he is in custody for more than 10 years. He says since sentence in Delhi FIR is over he deserves to be released on bail.

Read 6 tweets

Bar and Bench

@barandbench

Apr 20

#Breaking
Delhi HC to pronounce today it's judgement on Arvind Kejriwal and others' plea seeking recusal of justice Swarana Kanta Sharma in excise policy case.

Judgemen at 2:30PM.

@AamAadmiParty @ArvindKejriwal

Update: After Kejriwal files a rejoinder to CBI's written statement, the Court takes it on record as written submissions.

Justice Sharma says the order will be pronounced at 4:30 PM.

Update: Pronouncement of judgement at 5:30 PM.

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