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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 30

ASG Aishwarya Bhati: With profound pain we have to mention this curative. This curative is from AIIMS. Termination of pregnancy is not possible. It will be a live baby with severe deformities. Minor mother will have life long health issues and cannot reproduce. I am sorry I am not composed..

CJI Surya Kant: if the mother does not have permanent disability then it should be carried out. This is a case of child rape. Victim will have lifelong scar and trauma. This is foetus vs child fight.

ASG: this is not foetus vs child fight. This is in best interest of child. Minor mother will have life long health issues.

CJI: Even if she has complicated marital life later..is this pain more or that one.

ASG: this child can be given for adoption. It has been 30 weeks now..it is a viable life now.

CJI: the first judgment of this country on this was delivered by me. If supreme court had not stayed it..it would have been law now. Justice Augustine Masih was on bench with me then. Later SC reversed its own ruling. There are children for adoption. In this country we have lot of sympathies... There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15 year old child.

CJI: This is a curative. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this.

ASG: just four more weeks.. it will be better for the child mother.

CJI: my sister must have seen all this

Premature delivery and foeticide are the two things which has to be done now..it's injecting the foetal heart: ASG

Read 13 tweets

Bar and Bench

@barandbench

Apr 30

#BREAKING Plea in Calcutta High Court challenges ECI decision to deploy only employees of Central government and PSUs as counting supervisors.

Senior Advocate Kalyan Bandopadhyay mentioned the matter. To be heard at 2 PM.

Hearing is ongoing before Justice Krishna Rao

Senior Advocate Kalyan Bandopadhyay, representing Trinamool Congress, said the Chief Electoral Officer had no jurisdiction to pass such order.

"Why are you [ECI] insisting on central government employees who are not involved in the process... is it for particular one party. Why did you [ECI] not disclose," Bandopadhyay said.

Read 36 tweets

Bar and Bench

@barandbench

Apr 28

[Day 9: Sabarimala Reference]

Supreme Court nine-judge bench to resume hearing submissions around key issues regarding religious freedom (Articles 25/26), judicial review of faith-based customs, and the 2018 Sabarimala verdict

#Sabarimala #SupremeCourt

Adv Nizam Pasha begins submissions

Adv Pasha: The reason we were constrained to file this intervention application is because a writ petition came to be filed before the Delhi High Court following the Sabarimala judgment. The petitioner, a law student who had come to Delhi for an internship, visited the Hazrat Nizamuddin Dargah and was stopped from entering the sanctum sanctorum, the small enclosure where the grave is housed. She claimed that this was a violation of her rights as declared in Sabarimala.
The relief sought before the High Court was a declaration that the practice of prohibiting women from entering the sanctum sanctorum of the Hazrat Nizamuddin Dargah is illegal and unconstitutional.
This raises the issue which has been troubling the Court, namely whether a complete third party, a non believer, can enter a place of worship and demand that matters of faith must yield to their individual claims. This is a stark example of such a situation.

Read 32 tweets

Bar and Bench

@barandbench

Apr 27

Suo Motu: Brutal Assault on a member of the legal frraternity and need for judicial intervention

Adv: A lady lawyer was attacked. She was brutally stabbed in the office of her husband. She went somehow made PCR calls and the. Hospitals refused to take her in.

CJI Surya Kant: As soon as I got your letter yesterday I registered the suo motu

ASG Aishwarya Bhati: The accused was arrested. The FIR is under section 109(1) BNSS. AIIMS has been treating her. She has been discharged and now in private hospital

CJI: why did hospital denied emergency treatment?

CJI: A letter was received by the office of the CJI. The letter sought urgent intervention in the case of brutal assault of a woman advocate . The photos depicted brutal assault by a sharp edged weapon on the lady lawyer which led to injury in all vital organs of the body. She was stated to be under treatment at AIIMS trauma centre. ASG is present on behalf of NCT Delhi. The investigating officer is also present.

CJI: Husband of the victim is the prime accused and assaulted. There are complaints against in laws who are absconding. It is noted that victim has three minor daughters aged 12,4 and 1 years. The girl child was abandoned by the father. Now they are under care of maternal grandparents.

Read 5 tweets

Bar and Bench

@barandbench

Apr 25

Delhi High Court directs counsels representing Delhi University, Delhi Police, Delhi University Students Union (DUSU) President Aryaan Maan and other contesting candidates who allegedly violated court orders, Lyngdoh Committee recommendations and guidelines framed for conducting DUSU Elections, to be present before court on next date of hearing.

The matter was listed before Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.

Court - Where is the university counsel? Where are the students?

Counsel appearing on behalf of Central Government Standing Counsel (CGSC) representing Union of India and Delhi Police stated that his senior is not available.

Read 12 tweets

Bar and Bench

@barandbench

Apr 24

[Case of rape of a four year old girl in Ghaziabad]

Sr Adv N Hariharan: They have dragged father and wants to record Sextion 164 croc statement. If investigation is complete then why to record it now. You say chargesheet is filed and now this. Police man can be seen dragging the father. The father is right here. He was asked not to change the statement. If trial is there then he will be summoned. He was dragged by police..these two hospitals have filed affidavits saying the child was alive..where is the need for coercion.

Hariharan: As far as this situation is concerned. The investigation officers etc are behaving very differently. Not a single person examined in the hospital. Why is it that they are shielding the hospital. This requires a probe

Hariharan: no medical attention was given to the child. They had the facilities.

CJI: records indicate as alleged by the father of the child is duly noticed in our earlier order. Petitioner grievance has been that their needs to be fair probe and that there is negligence on part of local police and two private hospitals.

Read 4 tweets

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