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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

Dec 17

Delhi High Court to hear today a PIL seeking an inquiry against the DGCA for the Indigo fiasco and fourfold compensation to passengers who were left stranded at airports due to the cancellation of flights.

#IndiGoCrisis @IndiGo6E

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela to hear the case.

Read details of the PIL here:
barandbench.com/news/pil-befor…

Matter taken up.

J Gedela: We are already engaged in this issue. Why should we entertain another petition?

Read 34 tweets

Bar and Bench

@barandbench

Dec 16

Supreme Court hears the case where it had examined growing pendency of gangster-related trials in Delhi and considered whether dedicated special courts are needed to ensure their timely completion

CJI Surya Kant: Suppose UAPA and NIA.. there can be one special court. These courts should be like emergency ward in a hospital. Suppose there is NIA trial then only that case goes on. When no Nia Or UAPA then ordinary civil and criminal cases can go on there.

ASG Aishwarya Bhati: In our status report we have furnished minutes of meeting approved by the Home secretary.

CJI: we do not appreciate the home secretary asking states to take it up with the High courts

ASG: we have identified states where there are 10 Nia trials. lot of PFI trials in Kerala. In Bihar as well. Our letters and draft norms are also attached. We can file an action taken report as well..

Read 5 tweets

Bar and Bench

@barandbench

Dec 11

[Prajwal Revanna Vs State of Karnataka]

Sr Adv Siddharth Dave: Please see the observations made by the HC judge

CJI Surya Kant on alleging bias against Judges: There are hypothetical situations in court. We make observations. But I am not someone who will take browbeating. Not so easy with me. As soon as the judge makes an observation there are allegations made against him.#SupremeCourt

CJI Surya Kant: Sometimes we make errors but we rectify it. I just did it. We deal with such large volume of cases and evidence.

Sr Adv Sidharth Luthra: Please see what the trial court observed that the accused was taken aback by framing of charge. The court has proceeded...

Sr Adv Dave: the judge holds that I should be proceeded against misconduct.

CJI: court was correct because counsels were being changed so often.

CJI: we will help you rebuild trust and faith in the system.

[Order]

CJI: Instant appeal is against September 2025 order passed by Karnataka HC declining petitioner prayer for transfer of trial pending before the learned presiding judge of 81st city civil (MP MLA court). Prayer was to transfer case to to any other MP MLA court.

Read 5 tweets

Bar and Bench

@barandbench

Dec 11

Supreme Court hears a euthanasia application by the parents of a child:

Court: this is very very unfortunate. The boy seems to be in a pathetic condition. The bedsores are extremely painful. And when a patient in vegetative state suffers from bedsores means he’s not been looked after well. His hygiene is poor. Bedsores are the end of everything. Now we have waterbeds etc to prevent formation of bedsores. They are extremely painful. Doctors have said in so many words that there is no question of recovery. So he is to remain like this till he is destined to leave.

Court: how do we now move to the next stage?

Counsel: as per the judgement in common cause the next step to be followed by the reference of a secondary board formed by the CMO. But in this case the primary board already had 5 experts constituted by the CMO so it does not require the secondary board reference. The next step is to admit him to a neuro palliative facility where life support will be withdrawn.

Court: to pass over the secondary board reference they (members of the primary board) will need to have people with 5 years experience.

Counsel: yes. Your lordships can even have a committee of experts as per the judgement.

Read 5 tweets

Bar and Bench

@barandbench

Dec 9

Supreme Court resumes hearing the challenge to the Special Intensive Revision as conducted by the election commission of India in Bihar

Sr Adv Shadan Farasat begins

Farasat: Your Lordships in multiple judgments have said that Articles 324 to 329 constitute one scheme. Your Lordships will recall that the Representation of the People Acts of 1950 and 1951 were passed by the Constituent Assembly sitting as the Provisional Parliament.

Recall that the 1950 and 1951 Acts were enacted by the provisional Parliament. The first general election in India took place from October 1951 to February 1952 after these Acts were enacted. Although the composition was the same as the Constituent Assembly, my submission is that Articles 324 to 329 read with the 1950 and 1951 Acts form one constitutional code.

This code gives a very clear indication of the powers of the Election Commission.

Farasat: The question I am addressing is the scope and power of the Election Commission regarding the determination of citizenship while preparing electoral rolls. Do they have a role. What is the extent of that role. Because my respectful submission is on this issue.

Please have Article 324. Article 324 contains the general power of superintendence.

Next, Article 325:

“There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.”

This is a non discrimination provision. Article 325 mirrors the language of Article 15. The same grounds. Religion, race, caste, sex.

.

Read 29 tweets

Bar and Bench

@barandbench

Dec 9

Supreme Court to resume hearing today 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

#UmarKhalid #SupremeCourtofIndia

Sr. Adv. Siddhartha Dave appearing for Sharjeel Imam to continue arguments today.

Counsel states Umar Khalid has moved the trial court seeking interim bail for attending his sister’s wedding.

Counsel: I just wanted to inform. Such bail has been granted before as well.

Read 47 tweets

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