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Bar and Bench

@barandbench

Sep 24, 2020 • 14 tweets • 4 min read • Read on X

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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Bar and Bench

@barandbench

Nov 27

Supreme Court hears the Ranveer Allahabadia case:

Adv Prashant Bhushan: I appear for a disabled professor. This is a very important issue on free speech and how such stakeholders need to be taken into confidence while having consultations

SG Tushar Mehta: Right now we are not dealing with obscenity. But with perversity. Something needs to be done on user generated content. One can have his own @YouTube channel and....we cannot do everything and anything under the garb of free expression

CJI Surya Kant: It is strange that I create my own channel and keep doing things without being accountable. Yes free speech has to be protected ..suppose there is a program with adult content.. there can be warning in advance with parental control.

AG R Venkataramani: Ministry of Information and Broadcasting is proposing to have a meeting. They will do everything possible to have a public consultation

CJI: if some provisions need to be incorporated or something needs amendment

SG: yea being considered. I had a word with the minister.

Indian Broadcast and Digital Foundation counsel: Age classification and warnings are in place. There are Digital Media Ethics Code. This code is subjudice.. it was challenged before various HCs and union filed a transfer and it was transferred to Delhi HC and it is to be heard on January 8. This concerns content it Netflix etc. There are 27 petitions. There are Broadcast complaint commission headed by Justice Gita Mittal. Here the category is different. Here comments were made in a user generated content. Ministry has filed a note saying UGC guidelines they are thinking about.

CJI: what is the single instance of penalty or action ? Self styled bodies will not help..some autonomous bodies are free from the influence from those who are exploit all of this and the state also... as a regulatory measure.

Read 23 tweets

Bar and Bench

@barandbench

Nov 26

Supreme Court to hear petitions challenging SIR in Bihar, Tamil Nadu, Kerala, West Bengal and Puducherry
#SIR #SupremeCourt

CJI Kant: Tamil Nadu SIR matter will be on Monday. Kerala SIR issue is for deferment of SIR since local body elections are on

Sr Adv Rakesh Dwivedi: Plea was first before Madras HC. State election commission had said they are not facing any issues. ECI and SEC are coordinating. 99 percent voters have got forms, more than 50 percent are digitised.

CJI Kant: File separate status report for Kerala SIR.

Sr Adv Raju Ramachandran: Tamil Nadu issue is important. Cut off date is December 4.

Sr Adv Rakesh Dwivedi: Have it on 5th November.

Sr Adv Ramamchandran: This is too late.

Read 25 tweets

Bar and Bench

@barandbench

Nov 23

CJI BR Gavai speaks a day before he demits office as 52nd Chief Justice of India

Q: Post retirement?

CJI: I have made it clear that I will not accept any post retirement opportunity. I will like to work for tribals. I will be in Delhi only primarily.

Transfers controversy?

CJI: We only made transfers when it was needed or guidance of senior judges were needed in that High Court. Some transfers were because of complaints were received but they were processed only after verification from the consultee judges.

Social media uproar?

CJI: What you don't say in court is put in your mouth. Some AI clip shows that the shoe missed Justice Vinod Chandran and touches me. Technology has advantages and disadvantages.

Read 18 tweets

Bar and Bench

@barandbench

Nov 21

Supreme Court to resume hearing pleas by Umar Khalid, Sharjeel Imam, and other accused seeking bail in the 2020 Delhi riots conspiracy case.

Bench: Justices Aravind Kumar and NV Anjaria

#SupremeCourt #UmarKhalid

Hearing begins

ASG SV Raju for Delhi Police: 53 people killed, more than 530 injured, there was a lot of violence. Petrol bombs were used, stones were pelted, sticks, acid like chemicals were used. Stones were pelted on a small contingent of policemen.

Read 27 tweets

Bar and Bench

@barandbench

Nov 20

Supreme Court to continue hearing bail pleas by Umar Khalid and other accused in the 2020 Delhi riots conspiracy case.

Delhi police to resume arguments today.

Bench: Justices Aravind Kumar and NV Anjaria

#SupremeCourt #UmarKhalid

-hearing begins-

ASG SV Raju: I had finished my submissions on parity. I was on the aspect of delay. There was delay even after the high court judgement.

Raju points to the counter affidavit filed by the Delhi police.

He says delay in trial proceedings are attributable to the accused. Highlights orders dated 7.8.25, 12.8.25, 3.9.25, 14.10.25 of the trial court saying adjournments were sought by the accused.

Raju: the trial court may be directed to expedite to proceedings. It’s not a ground to grant bail.

Justice Kumar: on what proposition are you relying on the Salim Khan judgement?

Raju: on delay. In para 13 it has been held that even if someone is in jail for 5 and a half years it’s not a ground to grant bail.

Justice Kumar: but in that case there was direct evidence

Raju: I also have evidence. I shall show to the Court. There’s so much of evidence.

Read 22 tweets

Bar and Bench

@barandbench

Nov 19

Supreme Court resumes hearing plea seeking investigation into alleged financial irregularities and fund diversion by Indiabulls Housing Finance Ltd (IHFL), now renamed Sammaan Capital Ltd.

Bench: Justices Surya Kant, Ujjal Bhuyan, and NK Singh

ASG SV Raju: your lordships had sought for the reports last time, I am ready with the reports.

Adv Prashant Bhushan: on the basis of SEBI affidavit this case is crying for an FIR. India bulls is a NBFC. They sent it to the NHB and MCA. Though MCA filed two affidavits before the high court, they don’t mention this before the high court. All that they say is yes certain violations have been noted and they have been compounded. Sameer Gehlot has fled the country. He has bought 5 star hotels, yachts, aircrafts there. SEBI has pointed out that there appears to be evergreening of loans. Shareholding of public is getting transferred to Sameer Gehlot. It needs a detailed investigation.

Justice Kant: very surprisingly CBI has a very cool kind of attitude in this case. We have never seen such a friendly approach by the CBI. This is ultimately public money. There is strong element of public interest. Even if 10% allegations are correct still there are large scale transactions which can be dubbed as dubious. You register an FIR. It will strengthen the hands of the ED, SFIO etc. whoever has to investigate. Why is the MCA indulging in closing the investigation like this? What is their interest in this?

Read 9 tweets

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