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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
barandbench.com/news/litigatio…

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More from @barandbench

Bar and Bench Profile picture
Jan 22
MK Stalin case: Supreme Court hears plea by AIADMK leader SA Duraiswamy challenging TN CM Stalin’s 2011 assembly election win from Kolathur constituency.

The plea alleges that Stalin and his party representatives indulged in corrupt practices, particularly by providing money and gifts to secure votes.

Bench: Justices JK Maheshwari and Vijay Bishnoi.Image
Sr. Adv. DS Naidu, appearing for Duraiswamy refers to a prosecution witness statement:

Naidu: the witness is the editor of a magazine called “kumudam snehidi”.

Court: what’s the meaning of that?

Another counsel: kumudum means lotus. Snehidi means friend.

Naidu: a friend of lotus. May be figurative meaning.

Sr. Adv. Kapil Sibal (for Stalin): most inappropriate definition.

Court bursts into laughter.
Naidu: kumudam was once India’s largest selling family magazine. It’s basically a women’s magazine. Like women’s era. It’s the women’s wing of kumudam publications. Perhaps, the lotus is being compared with women and Snehidi is the friend of the woman, or the fairer sex.

Justice Maheshwari: (in jest): we can’t say anything…
Read 7 tweets
Bar and Bench Profile picture
Jan 22
[Jitendra Kumar Mehta vs ED]

Plea concerning seizure of electronic devices during criminal investigations

Sr Adv A Sundaram: some sort of information is being looked at. No predicate offence against me and my phone is being looked to find a link with predicate offence. There needs to be some guidelines to stop such fishing and roving inquiry. Where is my privacy I ask ? If my phone contain something.. then how it affects them.. there is nothing.Image
CJI: tell us why your mobile has been taken away ? There are people siphoning off thousands of crores and phones cannot be looked into? If they rely on something which is not related to this then we can intervene. We can look at it from case to case also. But not like this. Let them see first.

Sundaram: Then my plea becomes infructuous!

CJI: why did they come to you.

Sundaram: please see the summons, nothing against me.
Justice Bagchi: This is a fallacious argument by you Mr Sundaram. ECIR is in respect of an offence and not an individual. There is no notice needed for seizing a device.

CJI: you are behaving as if you have nothing to do. ED just raided your place early morning as if you called them for tea.

Order: Issue notice.
Read 4 tweets
Bar and Bench Profile picture
Jan 20
Supreme Court to resume hearing its suo motu case on stray dogs at 2pm today.

Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria

Follow this thread for live updates.

#straydogs #SupremeCourt Image
On the last hearing, the Court had lamented that many lawyers argued on behalf of dog lovers in the case but nobody was arguing or putting forth the views on behalf of human beings.

Read coverage:

barandbench.com/news/why-not-a…
Hearing commences.
Read 42 tweets
Bar and Bench Profile picture
Jan 15
[ED vs Mamata Banerjee in Supreme Court]

Supreme Court to hear plea by Enforcement Directorate accusing West Bengal Chief Minister Mamata Banerjee and State officials of interfering with the central agency's investigation and search operations at the Kolkata offices of political consultancy firm I-PAC and its co-founder, Pratik Jain #SupremeCourt
#IPAC @MamataOfficial @dir_edImage
Enforcement Directorate has also filed an application seeking suspension of West Bengal Police top brass, including DGP Rajiv Kumar, alleging they aided Mamata Banerjee in obstructing ED raids and removal of evidence; plea seeks directions to Ministry of Home Affairs and Department of Personnel and Training, and recalls Kumar’s past dharna with the CM as Kolkata Police Commissioner @MamataOfficial #IPAC @dir_ed
Justices Prashant Mishra and Vipul Pancholi assemble
@MamataOfficial #IPAC @dir_ed Image
Read 50 tweets
Bar and Bench Profile picture
Jan 14
Delhi High Court is hearing the petition filed by former Bihar Chief Minister Lalu Prasad Yadav against a trial court order framing criminal charges against him and his family members in the alleged IRCTC scam case. Image
The matter is listed before Justice Swarana Kanta Sharma.
Senior Advocate Kapil Sibal arguing for Prasad - They [CBI] refer to 2 communications that have no relation to any corrupt practice.
Read 8 tweets
Bar and Bench Profile picture
Jan 14
ED v. Mamata Banerjee

Calcutta High Court to shortly hear petitions concerning the Enforcement Directorate’s recent raids on political consultancy firm I-PAC and the residence of its co-founder Pratik Jain.

Follow this thread for live updates 🧵Image
All India Trinamool Congress and the Enforcement Directorate have filed separate petitions. Justice Suvra Ghosh will hear the matter at 2:30 PM.
Hearing starts.
Read 81 tweets

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