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Bar and Bench Profile picture
@barandbench
Sep 29, 2020 • 14 tweets • 6 min read • Read on X
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Supreme Court to shortly hear Iltija Mufti's plea challenging her mother’s
& People’s Democratic Party (PDP) leader, Mehbooba Mufti's detention order under Public Safety Act (PSA) and its subsequent extensions.

@MehboobaMufti
@Iltija_Mufti
#SupremeCourt
#preventivedetention
Iltija says the foremost reason cited for continued detention, now under PSA, is that her mother had declined to sign a bond or “surety”.

Further the plea says that despite its order in February, Jammu and Kashmir administration is yet to file a reply.

#article370
The Bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy will take up the matter for hearing shortly.

#SupremeCourt #Article370 @MehboobaMufti
Hearing begins.

SG Tushar Mehta informs the Court that a reply has been filed.

"We were a little late in filing."

#SupremeCourt #Article370 @MehboobaMufti
Senior Counsel Nitya Ramakrishna for the petitioner says she has received the reply and can proceed.

SG Mehta urges the Court to go through the reply.

Justice Kaul says that the Court needs to go through the reply and "will have to see what is to be done"
Justice Kaul asks Petitioner: Do you want to file a rejoinder?

Nitya Ramakrishnan: If Your Lordships fix a short date, then I can file a rejoinder.

#SupremeCourt
SC notes that one of the prayers in the application was for direction for the government to file a reply.

The reply has now been received.

Another prayer in the application pertains to permission to meet her family.
Nitya Ramakrishana: Even in prisons people are allowed to meet people.

#SupremeCourt #Article370
SC grants time to the government to file its reply on the amended application.

Justice Kaul poses a question to SG Mehta: How long has the detention been for and under what grounds? Can the detention be extended beyond one year.
SG Mehta: On public order grounds.

Justice Kaul: We want to know for how long can such detention be extended. Can it be prolonged for so long?

(SG Mehta urges the Court not to record any observations)
Justice Kaul: These observations are our questions for you

SG Mehta: I will address My Lords on questions on facts and law.
(Mehta seeks to highlight the statements made by Mufti to buttress the point of public order)

Justice Kaul: In exuberance, you say a lot of things that ought not to be said.

SG Mehta: Such things ought not to be said in State with a history of militancy.
The Court fixes the next date for hearing in the matter on October 15.

Centre allowed to file its reply on the amended plea.

Center to address SC on the questions of the maximum period for which the detention can go on, and whether the detention is proposed to be continued.
Can detention be extended beyond one year? Supreme Court asks Centre how long it proposes to extend Mehbooba Mufti's detention
@MehboobaMufti @Iltija_Mufti

barandbench.com/news/litigatio…

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More from @barandbench

Bar and Bench Profile picture
Feb 20
#BREAKING : Supreme Court comes down hard on the probe in the 2022 murder case against YSRCP MLC Ananta Uday Bhaskar

CJI Surya Kant: “This is a clear casr of the nexus of Police and power. Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) CrPC to the appellant on a platter…”
#SupremeCourtImage
CJI Surya Kant: Police, investigating agencies have been hobnobbing with the accused and all attempts have been made to grant default bail under 167(2) crpc to the appellant on a platter though HC did not grant the same.
Thus this appeal. He is enjoying interim bail from the last two years.
CJI: Senior Advocate Luthra informs that a supplementary chargesheet has been filed which shows laxity if not complicity with the state police with the accused exhibiting the grossest negligence in the matter of investigation of a heinous offence. In order to strike balance between right to liberty and right to fair trial.
Read 4 tweets
Bar and Bench Profile picture
Feb 16
Supreme Court to hear petitions seeking the registration of FIR into instances of alleged communal speeches attributed to Assam Chief Minister Himanta Biswa Sarma and a social media post, since deleted, depicting him discharging a firearm toward an animated image of two Muslim men @himantabiswa #SupremeCourtImage
SG Tushar Mehta: There is a factual development

Passover sought as Sr Adv AM Singhvi is in another court

Matter to be taken up shortly

CJI: call him
CJI: why have you not gone to the HC unless HC also has become a ground for political battle.

Singhvi: this affects the fundamental rights under Article 14,15 and 21. If this case cannot come here then this court has to determine what is the contour of article 32. We are seeking a SIT and what SIT in Assam can do against Boss of Assam. There is a list of 17 cases before you where have ordered this in much weaker.

CJI: We will ask political parties to use restraint and be within the boundaries of constitutional morality. But this is becoming a trend just before the elections.

Singhvi: he is a habitual and repeated offender. This would be the ideal case for SC to exercise it's article 32 power. There are examples of Bilkis Rasool , Vinod Dua etc.
Read 12 tweets
Bar and Bench Profile picture
Feb 9
Supreme Court is set to examine the Union Government's status report on the "Digital Arrest" cyber fraud epidemic

Top cout will review the coordination between the MHA, RBI, and telecom authorities to curb transnational syndicates targeting Indian citizens #SupremeCourt Image
In a connected case, CJI Kant remarks "we have seen bank officials are completely hand in gloves with the accused in these cases of digital arrest"
AG R Venkataramani places status report on record

CJI: there are senior citizens.. there was a retired couple. Their entire life savings went away.

AG: Rajasthan and Kerala HC judgments are exhaustive. SOP for now is fairly comprehensive
Read 10 tweets
Bar and Bench Profile picture
Feb 6
Supreme Court takes up suggestions seeking sweeping reforms in SCBA elections, including reservation for members with disabilities, 50% relaxation in eligibility norms, rotational representation for women, and inclusion of gender neutrality and ability inclusion as core objectives of the Bar Association
#SupremeCourt #SCBA #BarReformsImage
CJI Surya Kant: Please give all the suggestions to Adv Pragya Baghel.

CJI to Adv Sneha Kalita: As a woman member, as an AoR and as someone seeking empowerment.

Sr Adv Vijay Hansaria: Suggestion by Ms Kalita on reservation for differently abled is praiseworthy

CJI: yes we will make sure that and we are under an obligation to create the infrastructure for the same.
Adv Kalita: 76 years has passed and we still do not have a woman present of the Supreme Court Bar
. I am stressing on the point of rotational representation

Another woman lawyer: no no that cannot be. It has to be on merit.

CJI: environment created should not look like one is completely dependant for the post. Everytime one cannot depend on reservation
Read 7 tweets
Bar and Bench Profile picture
Feb 4
#THREAD Supreme Court is set to hear today West Bengal CM Mamata Banerjee’s plea raising concerns over the SIR electoral roll revision exercise in the State. @MamataOfficial is scheduled to appear in person. #SupremeCourt #WestBengal
Follow updates here 👇 Image
West Bengal CM Mamata Banerjee has urged the Supreme Court to issue urgent directions in the SIR process, warning that mandatory hearings, document rejections and use of Micro Observers could lead to large scale voter disenfranchisement #SupremeCourt #SIR @MamataOfficial
@MamataOfficial All eyes on the Supreme Court today as a Bench led by CJI Surya Kant, with Justices Joymalya Bagchi and Vipul Pancholi, hears Mamata Banerjee’s plea on the SIR process, with the final electoral roll deadline close at hand. #SupremeCourt #SIR #WestBengal
Read 32 tweets
Bar and Bench Profile picture
Jan 29
Supreme Court to shortly resume hearing its suo motu case on stray dogs.

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

#straydogs #SupremeCourt Image
The court is expected to continue reviewing compliance affidavits filed by various states with respect to its 7th November order relating to removal of stray dogs from institutional areas etc.

Yesterday, the Court took a dim view of “vague” affidavits filed by some states.

Read here:

barandbench.com/news/stray-dog…
Amicus Curiae Gaurav Agarwal: Punjab has not submitted any action plan etc.

Counsel for Punjab: there is a budgetary allocation of 11cr. There are 20 dog catching vehicles available. There is a district level committee which we have formed. We have given a full action plan for institutions.

Court: how many dogs have you collected from institutions?

Counsel: for Malerkotla it is 108. I will place as and when information comes.
Read 24 tweets

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