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Bar and Bench

@barandbench

Oct 1, 2020 • 10 tweets • 7 min read • Read on X

The Kerala High Court today heard UV Jose, CEO Kerala LIFE Mission's plea against the investigation launched against the Mission by the CBI. #KeralaLifeMission

@CMOKerala

The CBI alleges that the Kerala Govt obtained funds from the Red Crescent and siphoned the same to Unitech Builders, a construction company making the transaction a violation of the FCRA.

@CMOKerala #KeralaLifeMission #FCRA #Kerala

@CMOKerala

The State, however, states that it is merely providing land for the construction as part of its LIFE Mission, an initiative to build homes for the poor, especially homes of people that were ravaged by 2018

@CMOKerala #KeralaLifeMission #FCRA #Kerala

@CMOKerala

There were high voltage exchanges at Court today, with Senior Advocate Vishwanathan KV representing LIFE Mission's CEO and Sasthamangalam Ajithkumar arguing for the CBI.

@CMOKerala #KeralaLifeMission #FCRA #Kerala

@CMOKerala

Senior Adv KV Vishwanathan was vehement in his assertion that any notice to the CEO summoning him as part of investigation would result in "paralysis setting in" on the part of the State's officers. This would sap morale, he additionally stated.

#KeralaLifeMission #FCRA #Kerala

Sasthamangalam: The investigation is at an embryonic stage, we need to probe it further. Interestingly, the CBI was not sure if whether there was an independent contract between Unitech and the Red Crescent (if there was, then the FCRA does not come in the picture)

#FCRA

Unitech's Counsel interrupted, claiming that there WAS an independent agreement between Red Crescent and his client.

At this, KV Vishwanathan told the Court: the CBI does not even know whether or not there were separate agreements

#FCRA #unitech

Senior Adv Vishwanathan emphasized that the complaint on that formed the basis of the CBI's stepping in was politically motivated.

"Don't subject me (Jose) to a political rival", he said in Court today, in respect of Jose being summoned to appear before the CBI.

#FCRA

The Judge found that there important questions to be decided. The remainder of the submissions will be heard next week, along with Unitech's connected petition that will be taken on board.

HC: No stay on investigation for time being. #FCRA #CBI

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More from @barandbench

Bar and Bench

@barandbench

Jul 3

Former Supreme Court judge Justice Abhay S Oka to shortly deliver the Late Justice H.R. Khanna Memorial Lecture on "Independence of Judiciary" organised by the Goa HC Bar Association

#SupremeCourt

Justice AS Oka: I must clarify that when it comes to independence of judiciary, irrespective of the party in power, irrespective of the fact whether there is emergency or not, there is always a threat to independence of judiciary. And therefore, the members of the judicial fraternity, namely the judges and members of the bar have to be always alert and ensure that independence remains

Justice Oka: Let us also say here that there are judges and Chief Justices of the Supreme Court, who have been already forgotten, but there are large number of judges of the High Court who never went to the Supreme Court, and they are remembered forever. There are judges of the Supreme Court who did not become Chief Justices of India, but they are remembered forever. I am giving an example of our Mumbai High Court only biopic. We had Chief Justice M.C. Chagla, Justice Chittutosh Mukherjee, Justice P.D. Desai, and Justice M.L. Pence. These great judges never went to the Supreme Court, but we fondly remember them. I can add many names to that, like Justice Vimadala, Justice Lentin, and so many other names can be added.

Read 11 tweets

Bar and Bench

@barandbench

May 29

Delhi High Court to hear the defamation suit filed by Asian News International (ANI) against YouTuber Mohak Mangal over a video accusing ANI of extortion and blackmail after copyright strikes.

Comedian Kunal Kamra and AltNews co-founder Mohammed Zubair are also added as defendants for sharing the video on their X handles.

ANI is seeking takedown of the video, no further trademark infringement and damages of Rs. 2 crores, 10 lakhs.

Read 84 tweets

Bar and Bench

@barandbench

May 23

Ceremonial bench proceedings underway to mark the last working day of Justice Abhay S Oka

AG R Venkataramani: All of us got equal treatment in your court. I have cherished the questioning moments. By working so tirelessly you have set bad standards for your law clerks as some even forgot to go home..

SG Tushar Mehta: Despite such an irreparable loss you treated duty as a judge first. You could have addressed virtually also. This shows duty. Please spare more time for family. You have often been much more prepared than lawyers. Your lordships services are required and please do not close any door
.

SG: you may not believe in God, but i believe, May God be always on your side. Me and ASG Raju were almost always at the wrong side of the judgment ..but our love and respect for you was never affected. We respect your for who you are.

Read 32 tweets

Bar and Bench

@barandbench

May 21

Delhi High Court to shortly hear a defamation suit filed by Newslaundry Executive Editor Manisha Pande and eight other women journalists against Abhijit Iyer-Mitra for referring to them as ‘prostitutes’ and their workplace as a ‘brothel.’

Advocate Bani Dixit appears for Newslaundry journalists. She says "Plaintiffs are journalists from all walks of life. These are defamatory articles outside the bounds of criticism. These are all working women."

Court: What does the defendant do ?

Dixit: The kind of things he has said I cannot read it out also.

She reads out the allegedly defamatory portions

Read 14 tweets

Bar and Bench

@barandbench

May 21

[Arrest of Ashoka University Professor]

Supreme Court to shortly hear a petition challenging the arrest of Ali Khan Mahmudabad, an associate professor at Ashoka University, Sonipat, over certain remarks on Operation Sindoor

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia

Senior Advocate Kapil Sibal to argue for Mahmudabad

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia

@AshokaUniv Sr Adv Sibal: Please see page 46 which has the statement on the basis of which criminal culpability is attributed

#AliKhanMahmudabad
#OperationSindoor
@AshokaUniv
#SupremeCourtofIndia

Read 21 tweets

Bar and Bench

@barandbench

May 20

[Waqf Hearing in Supreme Court]

Supreme Court bench led by CJI B.R. Gavai would hear the petitions challenging the constitutional validity of the Waqf (Amendment) Act, 2025 on May 20, for the limited purpose of interim relief

#SupremeCourt #WaqfAct

The bench will consider whether interim relief of stay is required on three issues - waqf by user, nomination of non-Muslims to the Wakf Council and State Waqf Boards and identification of government land under waqf #WaqfAct

The Central government had earlier told the Supreme Court that certain key provisions of the controversial Waqf (Amendment) Act, 2025, including the formation of the Central Waqf Council and Waqf Boards and provisions on de-notifying properties already declared or registered as waqf, will not be acted upon for the time being.

Read 36 tweets

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