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Bar and Bench

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Nov 17

Supreme Court resumes hearing case regarding appointment of information commissioners.

Bench: Justices Surya Kant and Joymalya Bagchi

ASG KM Nataraj: the meeting unfortunately could not be held.

Prashant Bhushan: today there are 2/11 information commissioners. There are 9 vacancies. It’s been 2 years since this is happening. RTI is not at all a priority for this government.

Court: the committee might have been busy in elections. It is a possibility.

Bhushan: this is not the last instance. This has been going on repeatedly. So many orders. It is defeating a fundamental right declared by this Court. There are more than 25000 cases pending there. Now people have stopped going there. Hardly any progress in any states. Karnataka has appointed all. Otherwise Jharkhand is defunct. Himachal is defunct.

Read 8 tweets

Bar and Bench

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Nov 10

Attorney General for India R Venkataramani to shortly make submissions before Supreme Court on the case challenging the validity of the Tribunal Reforms law #SupremeCourt

AG addresses individual applications first. CESTAT, ITAT etc

AG: there has been detailed deliberations within the government. We have also submitted a note.

Read 16 tweets

Bar and Bench

@barandbench

Nov 8

Prime Minister Narendra Modi attends the Inaugural Session of National Conference on 'Strengthening Legal Aid Delivery Mechanisms' and Celebration of 'Legal Services Day'
#SupremeCourt @PMOIndia

CJI BR Gavai, CJI Designate Justice Surya Kant, Union Law Minister Arjun Ram Meghwal present on dias @arjunrammeghwal #SupremeCourt @PMOIndia

@arjunrammeghwal @PMOIndia Justice Surya Kant: As demand for equal and affordable justice evolved, the enactment of Legal Services Authority act was a decisive moment

#SupremeCourt @PMOIndia

Read 15 tweets

Bar and Bench

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Nov 7

Supreme Court Justice Vikram Nath to shortly deliver the AK Sen memorial lecture, 2025.

Justice Nath: I am dumbfounded whether or not to deliver this memorial lecture, because after hearing all the interesting anecdotes and episodes and about the life of Mr. Sen, of which I have neither been associated, acquainted, or known, like Mr. Bagchi is from Calcutta, Dr. Singhvi remembers back to his father's time with Mr. Sen, Mr. Jayanta Mitra also has so many. If they could have continued, I would have enjoyed more. But since I have been assigned this job of delivering the lecture, I think now the boring part starts. All of you will have to suffer me and listen to this lecture, which is a scripted one…. I don't have anecdotes to narrate. If I could be excused, I would be very happy and request all the panelists to continue with some more. And I would say that my lecture is delivered….Reasons to follow and we can go ahead.

Justice Nath: People often call AK Sen the inevitable law minister. By that, they mean he was the person you naturally turned to when the country needed someone sensible to steer legal reform, someone who could talk to courts, to parliament, to the government, and to citizens without raising the temperature. He combined a lawyer's eye for detail with a public servant's instinct to explain and include. His promise showed early. At the age of 26, he authored a book on commercial law. It was endorsed by his senior, Sri Sudhiranjan Das, who would later become Chief Justice of India.

Read 27 tweets

Bar and Bench

@barandbench

Nov 7

Madras Bar Association case challenging the validity of the Tribunal Reforms Act

Senior Advocate Arvind Datar to make submissions today

CJI BR Gavai: Let us see if Attorney General appears at 2 pm. He had said he will

#SupremeCourt

Sr Adv Arvind Datar: This case started 34 years ago in 1991 so as to say.

CJI: AG attempted to make submissions on the merits of the provisions.

Datar: 50 years eligibility, 4 years tenure and search cum selection committee... These are the three areas..now for 50 years.... It is about giving a chance..

CJI: see I became a judge at 42, maybe I did not have adequate experience at that time

Datar: I don't want to commit contempt

Justice Vinod Chandran: order of a 50 year old tribunal judge will be dealt by a 45 year old High Court judge !

Senior Advocate Arvind Datar: typically an additional secretary is something which a candidate becomes at 50 ..... The best tribunal ITAT which functioned for so long and model followed throughout.. but now we have dismantled it in a very perverse way. No empirical evidence to show that 50 is the best entry age. Justice Ravindra Bhat devotes 14 paras why 50 should not be cut off and when you make a law you must see what SC has said.

Read 14 tweets

Bar and Bench

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Nov 3

Stray dogs case: Supreme Court to continue monitoring compliance of Animal Birth Control Rules, 2023 in various states.

Chief Secretaries of all states except Delhi, Telangana, and West Bengal to appear before the Court today with compliance affidavits for their respective states.

Bench: Justices Vikram Nath, Sandeep Mehta, and NV Anjaria

All Chief Secretaries present in Court.

Sr. Adv. AM Singhvi: your lordships may limit entry only for this case. It’s really difficult to come in.

Justice Nath: I had suggested an auditorium…. Who appears for Andhra Pradesh? What’s your explanation? Why was no affidavit filed on the previous date?

CS Andhra Pradesh inaudible.

The Court reviews affidavits.

SG Tushar Mehta: all states have filed compliance affidavits.

Justice Nath: all states have filed their compliance affidavits. Dadra and Nagar Haveli, Daman and Diu have not filed.

Singhvi: many of the vital facts are not stated in the affidavits, number of ABC centres, number of dogs sterilised, budget allocations, unless these parameters are known it is not be possible to deal with it state wise. Some of my colleagues have done the exercise, they may make a chart..

Counsel: we’ll take the affidavits, make a chart.

Read 6 tweets

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