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Bar and Bench

@barandbench

Feb 11

Supreme Court hears the plea by Association of Democratic Reforms

CJI Sanjiv Khanna: what is this for ?

Adv Prashant Bhushan: we are Seeking that the procedure which ECI needs to adopt as per supreme Court judgment is in consonance with their standard operating protocol. What we want is that somebody should examine the software and the hardware of the EVMs in order to see if the software and hardware has any element of manipulation or not

CJI: Once votes are counted the paper trails are taken out or it's still there

Bhushan: they should maintain the paper trail

Sr Adv Devadatta Kamath: I appear for Sarva mitter. The entire data was wiped out. the evms on which polling was done should be tested.

CJI: to be done within seven days.. and the machine could be as per candidate choice and the burnt memory could be checked and verified.

Sr Adv Kamath: dummy units are checked not real ones. Here a fresh poll is being conducted and 40,000 being spent for verifying and checking each machine and the payment is to be by the candidate and then it's just a mock poll!

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Bar and Bench

@barandbench

Feb 11

Supreme Court hears PIL by National Federation of Indian Women over the alleged increase in cases of Lynching and MobViolence, particularly by 'CowVigilantes'

Justice BR Gavai: Issue has already concluded. Can we revive that by way of another writ

Adv Nizamuddin Pasha: But the issue is when private individuals are given police powers to seize vehicles and nab people for cattle smuggling.. this is how police powers are given to private agencies. Attitude of state machinery needs to be looked at and see how brazen it is.. some kind of oversight from this court will help

Justice Gavai: You can challenge those notifications before the court

Pasha: It exists across states and is across spectrum

SG Tushar Mehta: I appear for the Union. If such things are happening it can be challenged

Pasha: 13 states follow this rule

Justice Gavai: is there are a direction in this case by us to all states .

SG: On Nov 6,2024, 6 states as selected by petitioner were asked to respond.

Pasha: and thereafter all states and UTs were made a part. Oct 28,2023, was the plea to implead all States and UTs . They have replied also

Read 9 tweets

Bar and Bench

@barandbench

Jan 28

Should former AAP councillor Tahir Hussain granted interim bail in a case related to Delhi riots so that he may campaign for the upcoming Delhi Assembly polls as an All India Majlis-e-Ittehadul Muslimeen (AIMIM) candidate?

#SupremeCourt to hear @AamAadmiParty @aimim_national

The case comes to a three-judge bench after Justice Pankaj Mithal ruled that bail should be denied and Justice Ahsanuddin Amanullah stated that bail should be granted #TahirHussain #DelhiElection2025

Hearing to commence at 10:30 am #SupremeCourtofIndia

Read 16 tweets

Bar and Bench

@barandbench

Jan 20

Supreme Court hears the case where village residents oppose the burial of a Christian man in the graveyard of their village in Chhattisgarh’s Bastar

Son of deceased Ramesh Baghel, a farmer from a Scheduled Caste (SC) community, who has kept the body in a mortuary for 12 days now is before supreme court

Justice BV Nagarathna: Why cannot a person before buried where they wanted to. Body is in mortuary? We are sorry to say that A person has to come to supreme court for the burial of his father. The HC, panchayat etc are not able to solve the problem. The HC says there will be law and order problem.. we are pained at this.

SG Tushar Mehta: if the case is to be decided only on emotions then I have nothing to say, else let it be argued

Sr Adv Colin Gonsalves: see the real reason, burial not being allowed because the person had converted.

SG: Intention may be to make this a precedent for rest of country. There is burial ground for the tribals who are not Christians. Though they are not christians they bury their dead. When christians die, just 20 km away there is a christian burial ground and they take the dead their and bury them. This ground is a Hindu tribal burial ground. Thus rather than not being vehement that I will not go 20 kms away.. then there are laws..

Justice Nagarathna: but what about burying in own land?

SG: once you bury or cremate someone in a private land the character of land changes it becomes a sacred place and it also has health issues. That is not permitted.. cremation etc is not allowed in private lands

Justice Nagarathna: no no nothing remains after cremation...

SG: it is not about one person it is the beginning of something else.

Read 12 tweets

Bar and Bench

@barandbench

Jan 2

#SupremeCourt hears plea seeking quashing of the entire process of designation of 70 lawyers as senior advocates undertaken by the Delhi High Court

Adv Mathew Nedumpara makes submissions

Justice BR Gavai: How many judges can you name whose offsprings have been made seniors ?

Nedumpara: I have given a chart..

Justice Gavai: we will grant you liberty to amend the plea and if it is not amended then we will take steps accordingly. Tell us who is the signatory to the profession.

Nedumpara: I myself.

SC: then tell us you want to withdraw or anything

Read 6 tweets

Bar and Bench

@barandbench

Dec 28, 2024

#Madrashighcourt will continue hearing today, the batch of petitions on the sexual assault of a student inside the Anna University campus in Chennai.

The vacation bench of
Justices SM Subramaniam and V Lakshminarayan assembles

Advocate General PS Raman: From what we have understood, some things have particularly affected the collective consciousness of this Court- The leaked details in the FIR and the Commissioner's statements in the press conference

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