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Bar and Bench

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Apr 16

Bombay High Court hearing Anil Ambani's suit against Republic TV, its editor Arnab Goswami, and others asks why the matter can't be resolved.

Court: Why can't this entire matter be resolved? Why must a truth like this lie? I mean, putting egos and tempers and all aside.

@republic #BombayHighCourt #AnilAmbani

Adv Mayur Khandeparkar for Ambani: In fact, when this matter was last opened for the previous bench, the previous bench said the most aptly that nobody is taking away your right..

Court: It's always very comforting for a judge to be told that the previous bench said the most aptly... (laughs)

Khandeparkar: The phrase was 'no hitting below the belt'. Nobody is taking away the journalistic freedom of reporting an aspect, as a matter of fact. But to use words like, 'I am some kind of a fraudster, calling me stupid'... All kinds of words and adjectives that don't come within the ambit of journalistic freedom. Nobody is stopping you from projecting an instance.

#BombayHighCourt

Sr Adv Mahesh Jethmalani for Republic: I'll justify each and every statement that I have made. My defense is one of justification and fair comment. There is nothing I have said which is disparaging. I have gone by the record.

Court: There are orders of the court calling the plaintiff a fraudster?

Jethmalani: Yes. They have gone in appeal. They restricted that challenge to the fraudster business only to the penalty amount and not under the binding case.

Court: Also, the manner in which this is conveyed is also crucial. To wave your finger and call someone a fraudster or to report.. There is a fine line. So really, if both maintain a balance and maintain decorum... There are two matters of defamation similar. Temporarily, things flare up. Things do get heated, get out of control. But there is a manner in which things are done.

Read 11 tweets

Bar and Bench

@barandbench

Apr 15

Former Supreme Court judge Justice Abhay S Oka to shortly speak on: Robes cannot be Rented

Organised by Adhivakta Parishad Supreme Court Unit

#SupremeCourt

Justice Abhay S. Oka: When one becomes a judge of a court, any court, and in particular High Court and Supreme Court, apart from Bangalore Principles, apart from any other written norms, the judges are bound by several constraints and restrictions.
Obviously, all those restrictions come in for the purpose of maintaining dignity of the office and upholding the old principles that justice should not only be done, but it should be manifestly seen to be done.
And whether Bangalore Principles or not, we are bound by those constraints.

Justice AS Oka: For example, if as a sitting judge, I was invited by Adhivakta Parishad to speak on its platform, I would have politely said no because my belief was Adhivakta Parishad does have political inclinations.
When a judge demits office, of course, he is not bound by those strict constraints and restrictions which he had as a judge, but I personally believe that being a retired judge of the constitutional court, he must follow certain restraints and constraints. @AdhivaktaP

Read 16 tweets

Bar and Bench

@barandbench

Apr 15

Supreme Court to hear today plea filed by Assam government challenging the transit anticipatory bail granted to INC leader Pawan Khera in a forgery and criminal conspiracy case

Bench: Justices JK Maheshwari and AS Chandurkar

The case was registered against Khera following his recent claims that Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan holds multiple foreign passports and undisclosed assets abroad.

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barandbench.com/news/litigatio…

SG Tushar Mehta (for Assam): it’s a case of patent lack of territorial jurisdiction. No averment in the petition why telangana high court. Offence committed in Assam, FIR in Assam. Neither he says why Telangana.

Court: he is saying petitioner wife is staying in Hyderabad.

Mehta: he places on record Aadhar card in page 98 where wife is staying in Delhi. He places both. Which shows even his wife stays in Delhi. Sometimes he keeps travelling. Is this the law? Someone can buy or rent 10 properties in 10 different states. This will qualify as forum choosing. This is abuse of law.

Read 5 tweets

Bar and Bench

@barandbench

Apr 15

#Breaking

"Direct and serious appearance of conflict of interest."

Arvind Kejriwal files an affidavit in the Delhi HC stating that since Justice Swarana Kanta Sharma's children are panel counsel for the Central government, she should recuse from the excise policy case.
@AamAadmiParty

@ArvindKejriwal
@CBIHeadquarters

Kejriwal says that since Solicitor General Tushar Mehta appears for CBI in the excise policy case, and he also allocates cases to the panel counsel, this gives rise to a "direct and serious appearance of conflict of interest".

Kejriwal has also raised objections to his not being given an opportunity to make a rejoinder submission in his recusal application.

He says that he left the Court at around 3:45 PM after seeking leave of the Court and had no reason to expect the matter would continue substantially beyond the court hours.

Read 5 tweets

Bar and Bench

@barandbench

Apr 13

Quaraisha Yeasmin vs Election commission of India: WEST BENGAL SIR APPEAL TRIBUNAL ISSUE

Adv: In some cases Election commission has not even placed the orders before Justice Sivanganam. ECI is not aware of what's happening... Appeals are not being taken up. Let freezing date be extended.

CJI: go before the appellate tribunal and say all this

Adv: If I am not allowed to argue then what's the use? But will appeal be decided within a time frame or keep extending?

CJI: so you want us to put the former chief Justices and judges.. under pressure .

Adv; Those who have addhar and passport.. will be allowed that's what this court has held

Justice Bagchi: Calcutta HC Chief has informed manner and mode of appeals have been formulated. It has started hearing from today. We cannot say hearing x appeals from today

Sr Adv Naidu for ECI: will have always placed all records. Now we are blamed for helping. There are 30 lakh appeals.

#westbengalsir #SupremeCourt

Justice Bagchi: Unless and until there is enormous amount of voters excluded or materially affect the election...the election cannot be cancelled. If 10 percent does not vote and winning margin is more than 10 percent then..

CJI: only academic excercise

Justice Bagchi: if it's less than 5 percent then we have to apply our mind. Earlier a candidate was given primacy before the appellate tribunal because a candidate cannot be denied the right to contest. Please don't think the question is not in our mind that what about those who are excluded !

Justice Bagchi: if an objector files an appeal against inclusion. Then again that person also has to be removed. So we had judicial officers and then appellate tribunals.

Sr Adv Naidu: the court was not even inclined to have the appellate tribunal firstly.

Justice Bagchi: we have permitted the constitutional authority to go into purity of electoral roll issue. Your original ECI notification on SIR did not touch 2002 list.. but your logical discrepancy list rejection reasons are 2002 list etc. your notification touched people who relates to people in the 2002 list. 2002 list is the benchmark. See in your final list you did not delete the 2002 list members. When Bihar SIR was argued, submissions of ECI was unequivocal that 2002 list members need not given any document. Please see your written submissions in Bihar case. You had said 2002 electorate need not give Documents..

Sr Adv Naidu: but they have to prove that they are the same person as in 2002 list. They are using alias etc.

Justice Bagchi: now you are improvising the submissions which you made earlier.

Read 8 tweets

Bar and Bench

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Apr 13

In a case relating with bar council reservations

[Siva Kumari R vs Union of India]

Sr Adv DS Naidu: This court delivered a judgment (on women representation) to empower women. But some are misusing it.

#SupremeCourt

CJI: this court by an order dated December 8 2025 under Article 142 ensured 30 percent women representation in each state bar council. 10 percent was by co option and 20 percent by election. This court also appointed the high powered election supervisory committee headed by Justice Sudhanshu Dhulia. State election committees were also constituted. At the outset we acknowledge the herculean task done by the committee.

CJI: in that process the supervisory committee has passed a self speaking order on February 9 in order to clarify how the 20 and 10 percent representation is to be given effect to. We are informed that BCI has issued a circular that selection of candidates for 10 percent co option shall be made by BCI rules.

Read 5 tweets

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