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.
Supreme Court hears the plea concerning lack of ladies bar rooms across court buildings in India
CJI Surya Kant: I have constituted an All India Judicial Infrastructure committee.
Adv: In Mathura, the ladies bar room is locked. Same situation is in Ghaziabad. 60 percent of courts should have ladies bar room immediately.
CJI: the young lawyer corpus funds is also important.
CJI: the issues raised here touch upon larger questions of inclusiveness and long term sustainability of women lawyers in the legal profession. The petitioners have cited lack of ladies bar rooms and other facilities across High court , district court and other court buildings.
CJI: A young advocate corpus fund has been suggested to be formed with the aim that legal profession remains accessible to all. The petitioners have placed on report results of a survey undertaken by them in a structured format. The survey was circulated among women advocates across courts and information was collected from numerous district and taluka courts. The data reveals that in majority of court complexes, either no ladies bar room exists or facilities given is wholly inadequate and other facilities such as washrooms, nursing facilities, creches etc are not available.
Delhi High Court to shortly pronounce its judgment in a plea filed by Telegram challenging the ban on the platform till June 22 in view of the NEET exams.
Justice Tejas Karia to pass orders at 10:30 AM.
#Telegram @telegram @durov
The Court had reserved its verdict yesterday after hearing arguments from Telegram's lawyer, Senior Advocate Dhruv Mehta, and Solicitor General Tushar Mehta for the Central government.
Order: After considering all the arguments, we find that given the emergency nature, the reasons supplied are sufficient and government has followed the procedure in Section 69A. The challenge ont eh ground of non supply of reasons can't be held. Both the orders are well founded and supported by reasons. The orders do not suffer from non application of mind. We have also held that under IT Act there is no reason to excluse the platform fromt he admit of "information".
[Sabarimala gold theft case] Kerala High Court today recorded that the SIT has gathered “substantial and convincing materials” indicating the involvement of the accused in transactions relating to the removal and gold-plating of the Dwarapalaka idols in 2025.
Division Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar were informed by the SIT today that the investigation has reached its final stages.
The SIT also told the Court that it is examining the alleged criminal conspiracy behind the transactions and the role of certain Travancore Devaswom Board officials who held responsible positions at Sabarimala during the relevant period.
Supreme Court says Family Courts should ordinarily assess parents first and decide whether psychological evaluation of a child is necessary before directing such evaluation; lays down safeguards against unnecessary psychological assessment of children in custody and visitation disputes.
Justice N Kotiswar Singh:
• Family Courts must first appoint a psychologist to assess the psychological condition of both parents, particularly the parent having present custody of the child, before deciding whether any psychological assessment of the child is required.
• No psychological assessment of the child should be conducted if the Family Court, based on the psychologist's report, finds such assessment unnecessary or undesirable.
• If an assessment of the child is required, it must be carried out by an independent child psychologist in consultation with the psychologist already treating the child, with minimum interaction so as not to disturb the child's mental condition.
• Family Courts must remain conscious that a child's psychological needs change with age and may require periodic review and assessment.
• Courts must examine concerns relating to parental alienation syndrome and false memory creation against the other parent, while ensuring the child is not exposed to influences that may foster such tendencies.
Justice N Kotiswar Singh :
• We emphasise our role as parens patriae and held that child custody, visitation and parental access disputes involving growing children are dynamic in nature and constitute a continuing cause of action.
• Parents are at liberty to seek modification of orders before the Family Court from time to time as circumstances evolve.
• Parties must apprise the Family Court of the status of proceedings pending under the POCSO Act against the respondent, as those proceedings may significantly affect decisions concerning visitation and custody rights.
"Delhi will choke. God save us all if this is how you want Delhi to live."
Delhi High Court makes strong remarks over the Central government's plans to take over properties in the Lutyen's Delhi area, including the Delhi Gymkhana Club and the Polo Ground.
#DelhiGymkhanaClub
Justice Neena Bansal Krishna made the remarks while hearing a plea filed by the Indian Polo Association over the government's eviction notice.
The Court said that green spaces in Delhi were anyways scarce and the "little green space" remaining in the NDMC area is also being taken over.
The Court questioned if the government is plannig to make high rises in the area.
"Little breather we have in the NDMC area is also gonna go and all of us are going to suffocate and die," the Bench remarked.