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Bar and Bench

@barandbench

Sep 22, 2020 • 16 tweets • 8 min read • Read on X

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𝐇𝐄𝐀𝐑𝐈𝐍𝐆 𝐀𝐋𝐄𝐑𝐓: 𝐏𝐥𝐞𝐚 𝐭𝐨 𝐞𝐱𝐭𝐞𝐧𝐝 𝐜𝐨𝐥𝐥𝐞𝐠𝐞 𝐚𝐝𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐬 ( 𝐂𝐁𝐒𝐄 𝐂𝐨𝐧𝐩𝐚𝐫𝐭𝐦𝐞𝐧𝐭 𝐞𝐱𝐚𝐦𝐬)

#SupremeCourt to hear a plea seeking extension of college admissions deadline due to delayed #compartmentexams and time to be taken for results

@cbseindia29

Petitioners aver that compartment exams by @cbseindia29 should have been cancelled like the CBSE main exams due to COVID19. But since exams are taking place, the admission deadline in colleges should be extended to give opportunity to compartment students to to apply too

@ugc_india

Students are appearing for the first paper of #CompartmentExam2020 today.

#cancelcompartment
#speakupfornstudentsafety
@ugc_india
@EduMinOfIndia

@VTankha

Justice AM Khanwilkar led bench has assembled
Hearing will start shortly

Senior Advocate Vivek Tankha to appear for one of the petitioners (a minor student)

@VTankha

@advocate_tanvi
#compartmentstudents_wantjustice

@ugc_india

The lead petitioner has impleaded University Grants Commission in the case as the court had observed that UGC would be fit to decide how college admission deadlines can be extended, if at all.

@ugc_india
@advocate_tanvi

@VTankha

Hearing begins.
ASG Rupinder Singh Suri appears for Union of India
@VTankha : Compartment exams from today till 29th. I was asked to serve a copy to Centre for a solution.

#compartmentexams
#CompartmentExam2020
#SupremeCourt

Senior Adv Tankha: If students dont get admissions then what is the use of exams

Justice Khanwilkar: exams are on, you have to appear

Tankha: UGC is before my lord. Once #CompartmentExam2020 are over, admissions should be quickly be declared so that admissions can take place

Tankha: UGC should accommodate the compartment students in the academic calendar.

Justice Khanna: you had said the admission process is over but that's not correct

Tankha: yes they have reopened. Since 2 lakhs students are appearing in compartment, they should be benefited

Justice Khanwilkar led bench has issues in hearing the counsels over #virtualhearing

Adv Apoorv Kurup for UGC: these are compartment students. admissions start and as seats are empty these students appear. UGC will declare results

Justice Khanwilkar: this is a peculiar situation and can you make some room for these students

Kurup: academic calendar is being finalised. If cbse declares results in batches the students will be accommodated if seats are vacant

Justice Khanwilkar to UGC: What is the cut off date for admissions?

Kurup: mostly end of Ocotber.

SC: then we can direct CBSE to declare results before that.
career of 2 lakh students is not a small number !

Adv Rupesh Kumar for CBSE: the papers will need to be corrected at 16 regional centres and we will need 3 to 4 weeks

SC: This is an exceptional year and you have to make some room. academic career of 2 lakh students cannot be hampered

Justice Khanwilkar: If CBSE declares results by end of October, then you can wrap up admissions by first week of November

Kurup: the academic calendar is finalised and we were to release it yesterday.

SC to UGC: Don't release the acadmeic calendar till Thursday. Let CBSE inform us and then you both coordinate. 2 lakhs students is not a small number and we have to work out a solution in this exceptional year. You need to work in tandem with CBSE.

Adv Avishkar Singhvi: we have given a list stating college admission deadlines to give you an idea

SC: We will not consider individual admission deadlines.

Case will again be taken up on September 24. CBSE and UGC to take a joint decision on declaration of results & admissions

CBSE Compartment Exams: "Academic career of 2 lakh students cannot be hampered", Supreme Court directs UGC to not release the academic calendar till Sep 24

#CBSENews #CBSE #UGC
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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 23

Delhi High Court seeks response of YouTuber Shamita Yadav on the contempt petition filed by Bharatiya Janata Party (BJP) leader and Senior Advocate Gaurav Bhatia over defamatory content on social media concerning his appearance on a TV news show.

Bhatia appeared in person to argue his case - it is imperative to note that attacking the dignity of person using obscene and sexually suggestive language under free speech cannot be permissible under any circumstances.

Bhatia - She is repeatedly using the terms “nanga” and “bhajpille”. She is aware that there is a case filed agasint her also. She starts by saying, defamation case on me? She uses obnoxious words, she being a lady. She is an officer of the court as well. She also has to maintain dignity.

Read 20 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

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