Supreme Court Bench headed by CJI SA Bobde is hearing a plea by Tata Group challenging the pledging of its shares by Cyrus Mistry's Shapoorji Pallonji group in order to raise funds.
Senior Counsel Aryama Sundaram for Mistry tells the Court that in the present application, Tata is attempting to stop SP group from pledging the shares.
SC asks Senior Advocates appearing for all the parties when the matter can be heard for final hearing, proposes taking up the case after four weeks for final hearing.
Senior Advocate Janak Dwarkadas for Cyrus Mistry argues that the application needs to be heard.
Dwarkadas highlights that salaries of employees and migrant workers need to be paid and disbursed.
Sundaram for SP group argues that the sole ground for Tata Group challenging the pledging of the shares by SP is one Article in the Articles of Association which bars transfer of shares without giving Tata a Right of First Refusal.
Sundaram: We are pledging, the shares are not being transferred.
CJI Bobde: This argument has been made several years ago also in relation to leases.
(Dwarkadas also backs Sundaram's arguments)
CJI Bobde: We have seen pledging is limited transfer.
Senior Advocate Harish Salve for Tata Group: There is a mischief they are playing. They want to sell the shares, if they want to sell, I am ready to buy, but then they say they want to hold on to the shares.
Salve: If they pledge the shares and Bank places them on the block and a potential buyer offers a premium, then I will have to match that price. This is the mischief they are playing.
CJI Bobde: We are only asking you all to wait for 4 weeks and make the arguments then
(Sundaram informs the Court that the restructuring of the company is scheduled for Thursday)
CJI Bobde: If Mr. Sundaram and Mr. Dwarkadas are not ready to hold their horses and are not agreeable to wait for four weeks, then we will have to hear Mr. Salve and Dr. Singhvi.
Supreme Court hears plea concerning detention of Bengali-speaking Muslim migrant laborers, who were allegedly apprehended across several states under suspicion of being undocumented Bangladeshi nationals.
Bench: Justices Surya Kant, Joymalya Bagchi, and Vipul M Pancholi
Advocate Prashant Bhushan: notices have been served but no reply has been filed. One of the ladies who had been pushed out, her family had filed habeas corpus in the Calcutta HC. After notice was issued the ASG went and said to the HC matter is pending and got it adjourned. This lady has been pushed out forcibly from the country, she is pregnant without any proof that she is a foreigner. They are saying Bengali language is a Bangladeshi language. Therefore people speaking Bengali are Bangladeshis. How can any authority push out any person without any determination whether so and so is a foreigner? There should be some agreement with the Bangladeshi government. Normally one can’t push someone to another country without having an agreement with them. You can’t forcibly push to another country without the country accepting.
Bhushan: this pregnant lady is pushed out and arrested by Bangladeshi authorities under their foreigners act saying she is an Indian.
Justice Kant: a lot of factual issues are involved. We appreciate that habeas corpus cannot be adjourned because matter is pending here. We’ll request the high court to take up the matter.
Delhi High Court is hearing the petition filed by banned organisation Popular Front of India (PFI) challenging the order passed by Unlawful Activities (Prevention) Act (UAPA) Tribunal declaring PFI as an unlawful association.
The matter is before the Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela.
Additional Solicitor General S. V. Raju is appearing for the Centre. He has opposed the petition on the issue of maintainability.
Supreme Court hears a suo motu plea on the rise in child rape cases and a corresponding delay in the probe and trial of these cases.
Bench: Justice Pankaj Mithal and
Justice Prasanna B Varale
ASG Aishwarya Bhati: 2019-2023 lot of developments have taken place including (the accused have been convicted)
ASG: This family is in Dehli.
Justice Pankaj Mithal: What about victim?
ASG: Victim is still getting CRPF security.
Justice Pankaj Mithal: If threat perception is there, the security has to be given. Merely the accused are in custody doesn't mean that security threat is gone.
Supreme Court hears plea by journalist @abhisar_sharma challenging FIR over YouTube video criticizing Assam govt’s “communal politics” and questioning the allotment of 3,000 bighas tribal land to a private entity.
Bench: Justices MM Sundresh and NK Singh
#SupremeCourt
The FIR has been filed in Assam under section 152 BNS (endangering sovereignty of the nation) among other sections.
Sr. Adv. Kapil Sibal: my lords this 152 is now an omnibus provision.
Justice Sundresh: FIR you challenge before the high court. Why are you bypassing the High Court? We’ll give you protection you go to the High Court. Just because you’re a journalist…
Sibal: some uniformity has to be there. They will lodge another FIR.
Justice Sundresh: even if we entertain they’ll lodge another FIR
Book launch: [In] Complete Justice ? The Supreme Court at 75
Justice AS Oka to speak shortly
Editor of the Book, Sr Adv Dr S Muralidhar: Earlier there was a court of virtual hearings, courts willing to adopt the technological mode...What I miss is a court with It's a more rushed court, more chaotic, more miscellaneous work and new players are law researchers and law interns. One law researcher was asked to draft two drafts of judgments one allowing and one dismissing the appeal... For Milord to choose from
Justice AS Oka: Cartoons speak more than the reading material in this book. Celebrations started after we completed 75 years of constitution.. for legal fraternity celebration was not required.. introspection was needed as to where the course correction was needed.
Justice Oka: The biggest mistake we did was to ignore the trial judiciary on such platforms for over 75 years and we discussed only Supreme Court and High Court. I agree with Sr Adv Jaising when she says that it is a myth that woman judges address best the issues faced by woman. I believe this book triggers a debate which is required. .. Do we have judges anymore who tells their wife that my dissent will cost my Chief Justiceship. Another facet which needs to be looked at is the case listings.. if we spend 6 hours in reading files everyday and then on cases, how do we deliver judgments?
Supreme Court heara a PIL seeking a media gag order in the case of Malayali nurse Nimisha Priya, who faces the death penalty in Yemen.
Bench: Justice Vikram Nath and Justice Sandeep Mehta
On August 22, the Court issued notice to Attorney General of India and orally observed that it would pass an order, if any, on Monday (today).
J Nath to Dr. KA Paul: What do want? Do you want nobody should come out and say anything to media....Leaned Attorney has said so that government of India will make nobody brief media. What else you want?