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Bar and Bench Profile picture
@barandbench
Sep 24, 2020 • 14 tweets • 4 min read • Read on X
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Supreme Court Bench headed by Justice UU Lalit to shortly hear the plea filed against the Bombay HC order which dismissed the petition seeking for interim bail on medical grounds of lawyer-activist Sudha Bharadwaj
#NIA
#SupremeCourt
#SudhaBhardwaj
Bharadwaj’s counsel Ragini Ahuja had earlier told the Bombay HC that the activist had been in jail for over two years.

Ahuja had said Bharadwaj had comorbidities that put her at a higher risk of contracting the virus. #COVID19
NIA counsel, Additional Solicitor General Anil Singh, argued against giving bail to Bharadwaj saying that if her condition required hospital care, the state would provide for it.
Singh had further informed HC that 81-year-old co-accused, Varavara Rao, who was admitted to a state-run facility and then a shifted to the private hospital - on intervention of the National Human Right's Commission - for treatment of COVID-19 and other ailments in July.
Hearing begins.

Senior Adv Vrinda Grover for petitioner : I am in custody since 2 years as an undertrial. charges are not proved. i am only seeking interim bail

Justice Lalit: please check the medical report
Grover: Sudha Bharadwaj is suffering from diabetes and comorbidities

Justice Lalit: she is 58 and is not severely diabetic

Grover: she has developed two diseases in custody. one is a heart disease which is a ticking time bomb. it needs a cardio profile, lipid profile.
Grover: Let me get the check up done. She has also developed arthritis. She has never abused any court order.

Justice Lalit: What is the case
Grover: there is a criminal conspiracy which is set to be hatched by her. she was practicing in bilaspur HC. It is nobodys case that any material is recovered from her but from someone else's phone.

Justice Lalit: Why don't you file a fresh bail plea?
Grover: there is one pending in HC

Justice Lalit: So the application on merits is pending.
Her sugar is 114 and not so serious

Grover: our contention is the heart disease
Justice Lalit: but that is not a part of this plea

Grover: She is suffering osteo arthritis and cardiac issues and this she has developed while in custody. (reads the medical report).

Justice Lalit: the HC order says the medication is in order
Senior Adv Grover: I only seek your indulgence to get checked. These tests cannot happen in the jail hospital

Justice Ajay Rastogi: She was examined on August 20 by jail authorities

Grover reads the medication being given to her by the jail hospital
Justice Rastogi: are you saying this report is false? You have a good case on merits. why don't you file a regular bail application

Justice Lalit: Either you withdraw it or we will dismiss it
Justice Lalit: the condition deserves a deeper look and a regular bail plea can be filed.

Plea dismissed as withdrawn
"You have a good case on merits, why don't you file for regular bail?", Supreme Court says; Sudha Bharadwaj plea for interim bail dismissed as withdrawn
#SudhaBharadwaj #SupremeCourt
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More from @barandbench

Bar and Bench Profile picture
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 @VaiibbhavImage
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 Profile picture
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 Image
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 Profile picture
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.Image
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 Profile picture
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.Image
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 Profile picture
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 Image
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.
Read 96 tweets
Bar and Bench Profile picture
Apr 20
Arvind Kejriwal to appear today before Justice Swarana Kanta Sharma and request the judge to take his rejoinder on record.

According to AAP's legal team, Kejriwal will appear at 10:30 AM.
@ArvindKejriwal @SanjayAzadSln Image
In his rejoinder, Kejriwal has said that the CBI, in its written submissions, "resorted to speculation, imputation of motives, rhetorical alarmism, and
scandalous allegations," but did not respond to his allegations of bias on the part of Justice Sharma since her children are on the government's panel.
"It is very unfortunate that the CBI is willing to malign the entire judiciary in order to have this matter heard before only one Hon’ble Judge," Kejriwal says.
Read 20 tweets

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