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Apr 9

Supreme Court resumes hearing case where it recently pulled up 2 senior IAS officers from UP for not following court orders and halting the demolition of unauthorised commercial structures due to "public hue and cry."

Bench: Justices JB Pardiwala and KV Viswanathan

The court noted that schools, banks, hospitals etc were being run from the unauthorised buildings and ordered immediate sealing.

It also said that if any untoward incident happens in any of the illegal buildings till demolition takes place, the IAS officers would be held personally liable.

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Sr. Adv. Rajiv Shakdher (for Chairman, UP AEVP): we have shifted the students out of the schools, hospitals, the banks have also moved. We have sealed all of it.

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Apr 9

Day 3 before the nine-judge Bench in the Supreme Court in the Sabarimala reference is set to resume shortly

In the last two hearings, Solicitor General Tushar Mehta outlined the Centre’s framework on essential religious practices, denominational rights and the limits of judicial review.

Senior Advocate CS Vaidyanathan to begin submissions today

#Sabarimala #SupremeCourt

SG: There are instances of temples where men are not allowed. Because it is a Devi Bhagwati temple, there are certain faiths and beliefs attached.

There are temples, details of which I have mentioned, where male priests are under a religious mandate to wash the feet of female devotees. There are temples like the Pushkar temple, the only Brahma temple in the country, where married men are not allowed.

There is also a temple in Kerala where the practice is that men enter dressed as women. As I have read in detail, they go to beauty parlours, and their female family members help them dress in sarees and other attire. Only males go there.

So it is not a question of male-centric or female-centric religious beliefs. In the present case, it happens to be woman-centric.

Secondly, there was a question regarding Articles 25 and 26 and their interpretation. The day before, I had substantially argued on this. Yesterday, when I began, I had said that I would take that up at the end; otherwise, I would not be able to finish the other issues. I could not get the time for that.

I am not re-arguing. Substantially, I have answered it. The rest is in my written submissions. That is all.

ASG KM Nataraj: Religious rights under the Constitution are well-linked, protected and regulated under the scheme of Articles 25 and 26. There is a three-tier mechanism to protect, connect and regulate these rights.
The first part of Article 25(1) guarantees an individual right. The second part, Article 25(2), provides the regulatory mechanism. Article 26 relates to institutional rights.
Thus, Articles 25(1) and 26 are interconnected. Article 26 is embedded in Article 25, and vice versa. When Article 26 is enforced, it essentially relates back to Article 25(1). Therefore, Articles 25 and 26 form interconnected mechanisms..granting rights to individuals under Article 25(1) and institutional rights under Article 26.

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Bar and Bench

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Apr 8

“You can’t deprive a voter of the right to exercise a franchise, even if he is a polling officer.” says Kerala HC
while hearing a plea by Kerala NGO Union alleging that many officials on election duty were not given postal ballots, despite applying on time.

Petitioner says several officials went to facilitation centres but had to return without voting as ballot papers were not available.

Justice Bechu Kurian Thomas refers to Rule 18A of the Conduct of Election Rules 1961, noting that a voter on election duty is entitled to receive a postal ballot, record their vote, and return it at the facilitation centre specified by the Returning Officer.

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Apr 6

Suo Motu case on NCERT book chapter in judiciary

CJI: Let committee not be confined only to the class 8 chapter.. but let all aspects be considered up and down also.

ASG KM Natraj: Yes all areas

CJI: compliance affidavit has been filed. By this a three member committee comprising Justice Indu Malhotra, sr Adv KK Venugopal and Mr Prakash Singh Vc of Garhwal University has been appointed. The committee shall collaborate with NJA Bhopal to finalise the curriculum of class 8 and higher grades in compliance with NCERT syllabus dealing with legal studies. NCERT has also issued notification on April 2 whereby a high powered committee for prepration of national syllabus and teacher learning committee has been reconstituted. The details of the 20 distinguished members including Mr MC Pant being the chairman, has been constituted. We take both the orders/notification on record as well as compliance affidavit.

Sr Adv Gopal Sankarnarayanan for Alok Prasanna Kumar: We want to show what process was followed..they are not fly by night authors. They are respected. Now new committee is formed.

Sr Adv Arvind Datar appears for Prof Michael: we have given detailed submission

Sr Adv J Sai Deepak: I appear for Suparna Diwakar..this was a collective process and no individual had a sole say

CJI: affidavits have been filed by the three on whom reference has been made in our order dated March 11 where certain directions were issued in respect of them. These applications are not listed today. After curing of defects let the case be listed on so and so date.

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Bar and Bench

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Apr 2

West Bengal SIR case mentioned

Sr Adv Kapil Sibal: I got a report from the Telegraph now

CJI Surya Kant; I don't want to politicise it. But we got reports since 2 am. 5 pm they gheraoed the officers and till 11 pm there was no one

Sibal: it is unfortunate.

Sr Adv Menaka Guruswamy: Most of the officers have been transferred out of the state

#SupremeCourt @MamataOfficial

Sr Adv DS Naidu: Earlier judicial officers were being threatened. Now it is becoming physical. If its mobocracy no one can help

Justice Bagchi: Top most civil servant was contacted by the Chief justice of high court. It makes no good case by saying we are not associated. All leaders need to condemn this in one voice. We are here to protect the special officers. Their orders are deemed to be orders of our court

SG: now state cannot be entrusted with the security of judicial officers.

Justice Bagchi: we leave it to ECI to get forces from anywhere and ensure security of judicial officers.

Sr Adv Sankarnarayanan: These villagers are.sayonf they will continue to protest...we will all co-operate. CAPF or anything.

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Bar and Bench

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Mar 30

Justice Oka is giving the 45th JP Memorial Lecture organised by PUCL India.
Justice Oka: Remembering Jayaprakash Narayan today, I go back to my first brush with his movement — I was 14, reading one Marathi and one English newspaper a day, without fully grasping the moment that would define a generation. JP, a committed Gandhian and colleague of leaders like N.G. Ranga, emerged as the leader of the youth in the 1970s; only later did I realise how much my generation underestimated the depth of his ideas.
#JusticeOka

Justice Oka: From his writings and speeches, one thing stands out: his unwavering faith in non-violence. For JP, non-violence was not a tactic, but a way of resisting evil with moral strength. He reminded us that negotiations, arbitration, friendship or mediation may succeed or fail — but for those who truly accept non-violence and are prepared to resist evil non-violently, there is no failure. That single idea has stayed with me: those who accept non-violence, and prepare themselves to resist whatever evil may come non-violently, discover a strength that no defeat can erase.
When I revisited JP’s life, I felt his active public role was cut short. Had he remained in public life for another 10–14 years perhaps we would have seen a different India.
#JusticeOka

Justice Oka: Let me now turn to today’s theme: where do we see the judiciary today, within the framework of our Constitution, which promises justice – social, economic and political – to every citizen. Our courts have, in many instances, delivered substantive and even spiritual justice, and I say this as someone who has seen the system from within. Yet I have consistently said: when the Constitution, the government and the citizens placed great expectations on the justice system, we did not fully live up to those expectations.

#JusticeOka

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