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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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Bar and Bench

@barandbench

Nov 13

Whether chargesheet filed without Forensic Science Laboratory (FSL) report in case under NDPS Act, 1985 can be termed as 'incomplete report' under CrPC? #SupremeCourt to shortly hear the matter

#NDPSAct

Read our report on additional questions that the Court agreed to consider: barandbench.com/news/ndps-act-…

A three-judge Bench of Justices Surya Kant, Sudhanshu Dhulia and Ujjal Bhuyan will also examine various related aspects that concern the fairness and efficacy of the trials under the NDPS Act

Read 19 tweets

Bar and Bench

@barandbench

Nov 13

#SupremeCourt to shortly hear appeal by Narcotics Control Bureau (NCB) against 2023 Delhi HC decision ruling that application for drawing sample of narcotic drugs or psychotropic substance before Magistrate u/s 52A of NDPS Act should be made within 72 hours @narcoticsbureau

In May 2023, the High Court had observed that such an application cannot be moved at the “whims and fancies” of Narcotics Control Bureau, being the prosecuting agency.

When matter came before Supreme Court earlier, the Court had orally remarked that Section 52A is enabling not mandatory.

Read 33 tweets

Bar and Bench

@barandbench

Nov 13

#BULLDOZERJUSTICE ?

Supreme Court to shortly deliver judgment laying down pan-India guidelines on use of bulldozer by state governments as a punitive measure to demolish house or shop of a person immediately after he or she is named as accused of an offence

#SupremeCourt

Judgement to be delivered by a bench of Justices BR Gavai and KV Vishwanathan
#SupremeCourt #bulldozer

Pronouncement of judgment at 10:30 am

Track thread for all updates

#SupremeCourt

Read 13 tweets

Bar and Bench

@barandbench

Nov 8

Supreme Court Bar Association holds farewell for CJI DY Chandrachud #SupremeCourtofIndia

Sr Adv Rachana Srivastava, VP SCBA: CJI Chandrachud was a part of 23 constitution benches. Your journey in the legal world has pushed boundaries. You leave behind a court which has hope for all of us. You had unwavering dedication to the rule of law.

Sr Adv Kapil Sibal, President SCBA: when you have to journey the judge of any judge what is the benchmark. We can criticise a judge all we want. You have to judge the man in the backdrop of the times we live in. When we discuss him, his manner, his affability which is of one of the greatest judges of this country.

Read 29 tweets

Bar and Bench

@barandbench

Nov 8

Ceremonial bench on the last working day of CJI DY Chandrachud

CJI Chandrachud along with CJI Designate Sanjiv Khanna, Justices JB Pardiwala and Manoj Misra

#SupremeCourt

Attorney General R Venkataramani: Recently in Brazil after the conference ended everyone started dancing. what if I ask everyone here to dance on your retirement and I am sure most will vote in favour of me.

SG Tushar Mehta: Complete impartiality in dispensation of justice. We were never hesitant in good or bad matters before you. For govt we won few we lost many but we knew that we did not get an opportunity to convince the court and put our point forward. My lord has always taken a stand as the karta of the family
DYC will really be missed.

Read 21 tweets

Bar and Bench

@barandbench

Nov 6

#BREAKING Supreme Court to State of UP: How can you just enter someone's home and demolish it without following course of law or serving notice?

CJI DY Chandrachud: We are not inclined to accept the request of the State of UP to adjourn the proceedings since pleadings are completed and the court is required to evaluate the materials placed before to decide legality of action.

#SupremeCourtofIndia @myogioffice

CJI: The following position emerges from narration of facts: state of UP has not produced original width of state highway notified as national highway, no material was placed to show whether any inquiry was conducted to figure out encroachers, there is no material produced to indicate that land was acquired before demolition was carried out. The state has failed to disclose the precise extent of encroachments, the width of the existing road, the width of notified highway, extent of property of petitioner which feel within central line of highway and why the demolition was needed beyond the area of alleged encroachment. NHRC report shows demolition was far in excess than the area of alleged encroachment. #SupremeCourtofIndia

#BREAKING

CJI: The demolition was carried out without any notice or disclosure to the occupiers of the basis of the demarcation or the extent of demolition to be carried out. It is clear demolition was high handed and without the authority of law. The petitioner states the demolition was only because the petitioner had flagged irregularities in road construction in newspaper report. Such action by the state cannot be countenanced and when dealing with private property law has to be followed.

Read 6 tweets

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