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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
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Bar and Bench

@barandbench

Apr 30

ASG Aishwarya Bhati: With profound pain we have to mention this curative. This curative is from AIIMS. Termination of pregnancy is not possible. It will be a live baby with severe deformities. Minor mother will have life long health issues and cannot reproduce. I am sorry I am not composed..

CJI Surya Kant: if the mother does not have permanent disability then it should be carried out. This is a case of child rape. Victim will have lifelong scar and trauma. This is foetus vs child fight.

ASG: this is not foetus vs child fight. This is in best interest of child. Minor mother will have life long health issues.

CJI: Even if she has complicated marital life later..is this pain more or that one.

ASG: this child can be given for adoption. It has been 30 weeks now..it is a viable life now.

CJI: the first judgment of this country on this was delivered by me. If supreme court had not stayed it..it would have been law now. Justice Augustine Masih was on bench with me then. Later SC reversed its own ruling. There are children for adoption. In this country we have lot of sympathies... There are deserted, abandoned children on the streets and even mafias on it. We have to look at them. This is an unwanted pregnancy of a 15 year old child.

CJI: This is a curative. Unwanted pregnancy cannot be thrusted on a person. Imagine she is a child. She should be studying now. But we want to make her a mother. Imagine the pain, the humiliation the child has suffered in this.

ASG: just four more weeks.. it will be better for the child mother.

CJI: my sister must have seen all this

Premature delivery and foeticide are the two things which has to be done now..it's injecting the foetal heart: ASG

Read 13 tweets

Bar and Bench

@barandbench

Apr 30

#BREAKING Plea in Calcutta High Court challenges ECI decision to deploy only employees of Central government and PSUs as counting supervisors.

Senior Advocate Kalyan Bandopadhyay mentioned the matter. To be heard at 2 PM.

Hearing is ongoing before Justice Krishna Rao

Senior Advocate Kalyan Bandopadhyay, representing Trinamool Congress, said the Chief Electoral Officer had no jurisdiction to pass such order.

"Why are you [ECI] insisting on central government employees who are not involved in the process... is it for particular one party. Why did you [ECI] not disclose," Bandopadhyay said.

Read 36 tweets

Bar and Bench

@barandbench

Apr 28

[Day 9: Sabarimala Reference]

Supreme Court nine-judge bench to resume hearing submissions around key issues regarding religious freedom (Articles 25/26), judicial review of faith-based customs, and the 2018 Sabarimala verdict

#Sabarimala #SupremeCourt

Adv Nizam Pasha begins submissions

Adv Pasha: The reason we were constrained to file this intervention application is because a writ petition came to be filed before the Delhi High Court following the Sabarimala judgment. The petitioner, a law student who had come to Delhi for an internship, visited the Hazrat Nizamuddin Dargah and was stopped from entering the sanctum sanctorum, the small enclosure where the grave is housed. She claimed that this was a violation of her rights as declared in Sabarimala.
The relief sought before the High Court was a declaration that the practice of prohibiting women from entering the sanctum sanctorum of the Hazrat Nizamuddin Dargah is illegal and unconstitutional.
This raises the issue which has been troubling the Court, namely whether a complete third party, a non believer, can enter a place of worship and demand that matters of faith must yield to their individual claims. This is a stark example of such a situation.

Read 32 tweets

Bar and Bench

@barandbench

Apr 27

Suo Motu: Brutal Assault on a member of the legal frraternity and need for judicial intervention

Adv: A lady lawyer was attacked. She was brutally stabbed in the office of her husband. She went somehow made PCR calls and the. Hospitals refused to take her in.

CJI Surya Kant: As soon as I got your letter yesterday I registered the suo motu

ASG Aishwarya Bhati: The accused was arrested. The FIR is under section 109(1) BNSS. AIIMS has been treating her. She has been discharged and now in private hospital

CJI: why did hospital denied emergency treatment?

CJI: A letter was received by the office of the CJI. The letter sought urgent intervention in the case of brutal assault of a woman advocate . The photos depicted brutal assault by a sharp edged weapon on the lady lawyer which led to injury in all vital organs of the body. She was stated to be under treatment at AIIMS trauma centre. ASG is present on behalf of NCT Delhi. The investigating officer is also present.

CJI: Husband of the victim is the prime accused and assaulted. There are complaints against in laws who are absconding. It is noted that victim has three minor daughters aged 12,4 and 1 years. The girl child was abandoned by the father. Now they are under care of maternal grandparents.

Read 5 tweets

Bar and Bench

@barandbench

Apr 25

Delhi High Court directs counsels representing Delhi University, Delhi Police, Delhi University Students Union (DUSU) President Aryaan Maan and other contesting candidates who allegedly violated court orders, Lyngdoh Committee recommendations and guidelines framed for conducting DUSU Elections, to be present before court on next date of hearing.

The matter was listed before Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.

Court - Where is the university counsel? Where are the students?

Counsel appearing on behalf of Central Government Standing Counsel (CGSC) representing Union of India and Delhi Police stated that his senior is not available.

Read 12 tweets

Bar and Bench

@barandbench

Apr 24

[Case of rape of a four year old girl in Ghaziabad]

Sr Adv N Hariharan: They have dragged father and wants to record Sextion 164 croc statement. If investigation is complete then why to record it now. You say chargesheet is filed and now this. Police man can be seen dragging the father. The father is right here. He was asked not to change the statement. If trial is there then he will be summoned. He was dragged by police..these two hospitals have filed affidavits saying the child was alive..where is the need for coercion.

Hariharan: As far as this situation is concerned. The investigation officers etc are behaving very differently. Not a single person examined in the hospital. Why is it that they are shielding the hospital. This requires a probe

Hariharan: no medical attention was given to the child. They had the facilities.

CJI: records indicate as alleged by the father of the child is duly noticed in our earlier order. Petitioner grievance has been that their needs to be fair probe and that there is negligence on part of local police and two private hospitals.

Read 4 tweets

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