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Bar and Bench

@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
barandbench.com/news/litigatio…

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Bar and Bench

@barandbench

Mar 30

Justice Oka is giving the 45th JP Memorial Lecture organised by PUCL India.
Justice Oka: Remembering Jayaprakash Narayan today, I go back to my first brush with his movement — I was 14, reading one Marathi and one English newspaper a day, without fully grasping the moment that would define a generation. JP, a committed Gandhian and colleague of leaders like N.G. Ranga, emerged as the leader of the youth in the 1970s; only later did I realise how much my generation underestimated the depth of his ideas.
#JusticeOka

Justice Oka: From his writings and speeches, one thing stands out: his unwavering faith in non-violence. For JP, non-violence was not a tactic, but a way of resisting evil with moral strength. He reminded us that negotiations, arbitration, friendship or mediation may succeed or fail — but for those who truly accept non-violence and are prepared to resist evil non-violently, there is no failure. That single idea has stayed with me: those who accept non-violence, and prepare themselves to resist whatever evil may come non-violently, discover a strength that no defeat can erase.
When I revisited JP’s life, I felt his active public role was cut short. Had he remained in public life for another 10–14 years perhaps we would have seen a different India.
#JusticeOka

Justice Oka: Let me now turn to today’s theme: where do we see the judiciary today, within the framework of our Constitution, which promises justice – social, economic and political – to every citizen. Our courts have, in many instances, delivered substantive and even spiritual justice, and I say this as someone who has seen the system from within. Yet I have consistently said: when the Constitution, the government and the citizens placed great expectations on the justice system, we did not fully live up to those expectations.

#JusticeOka

Read 46 tweets

Bar and Bench

@barandbench

Mar 23

Delhi High Court stays further investigation and proceedings in FIR lodged against Tamil Nadu MLA and Secretary of Student Wing Dravida Munnetra Kazhagam (DMK), C.V.M.P. Ezhilarasan, for organising a protest challenging proposed UGC laws, at Jantar Mantar on February 6.

The matter was listed before Justice Anup Jairam Bhambhani.

Senior Amit Anand Tiwari appeared for the politician. He stated that the perusal of the FIR would itself show that there is no allegation that the peaceful protest held by the petitioner and his associates caused any obstruction, annoyance or injury or risk.

Read 9 tweets

Bar and Bench

@barandbench

Mar 23

Supreme Court resumes hearing the plea against Ladakh-based activist Sonam Wangchuk’s detention under the NSA.

Bench: Justices Aravind Kumar and PB Varale

Notably, Wangchuk’s detention was revoked by the Centre on March 14.

@Wangchuk66

While revoking Wangchuk’s detention earlier this month, the Centre said the decision was taken after considering the need to foster “an environment of peace, stability, and mutual trust” in Ladakh.

Read 👇

barandbench.com/news/central-g…

Sr. Adv. Kapil Sibal (for Wangchuk): please have this case after vacation.

Court: for what? No no, what is this? What else is left?

Sibal: nothing is left, except…

Court: Mr. Sibal, please.

Read 4 tweets

Bar and Bench

@barandbench

Mar 21

Supreme Court Bar Association flags off its first National Conference on the theme “reimagining judicial governance: strengthening institutions for democratic justice”.

Justice Mehta: if a true picture is provided to litigants by lawyers at the first stage the chances of mediation succeeding would increase manifold.

Justice Mehta: But the most stumbling roadblock is the government. The experience in the national Lok Adalats where we hold pre-litigation mediation sessions is sad to say the least. There is hardly a single department of this government which comes forward with a positive response.

Read 90 tweets

Bar and Bench

@barandbench

Mar 19

The person who is an accused is praying for protection? You are a suspected accused. You are trying to sensationalise the issue: Uttarakhand High Court to gym owner ‘Mohammad’ Deepak Kumar

The Court is hearing a plea filed by Kumar seeking quashing of an FIR agains him.

I have been receiving consistent threats: Kumar’s counsel
You are investigation: Court
That is a different thing: Counsel

Read 17 tweets

Bar and Bench

@barandbench

Mar 18

[Day 2]: A nine-judge Constitution Bench of the Supreme Court to resume hearing reference on the interpretation of “industry” under the Industrial Disputes Act, in the State of UP v. Jai Bir Singh batch of cases
#SupremeCourt

What happened on Day 1? Read here: barandbench.com/news/expansive…

Sr Adv Sanjay Hegde makes submissions
#SupremeCourt

Read 6 tweets

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