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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.

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Bar and Bench

@barandbench

Oct 22

Supreme Court resumes hearing the challenge to the Allahabad High Court verdict which struck down the UP Board of Madarsa Education Act, 2004

Sr Adv Mukul Rohatgi: the judgment goes against the principle of secularism.. it essentially helps that concept by allowing this education..

CJI DY Chandrachud: secularism essentially means to live and let live

Rohatgi: the HC has gone against it.

#Madrasas #SupremeCourt

CJI: are you standing by the validity of the act...

ASG KM Natraj: Yes I support the validity of the act. But since constitutionality has been struck down we want to say something. we are defending the legislation but the state did not file a SLP

ASG: when high court struck down the act, we accepted it.

CJI: but you are saying you stand by the act

ASG: yes we filed a counter.. supporting the law. we can support in legal issues

CJI: as a state you have wide powers under section 20 to ensure basic quality of education in madrasas and as the state if you find that this basic level is not followed then you can intervene and that was your stand before the HC and you said act need not be struck down

ASG: the law can be struck down if it is against fundamental rights or its foul of legislative competence. But in this case... it has to be tested only against part III of the constitution.

Read 24 tweets

Bar and Bench

@barandbench

Oct 21

#SupremeCourt to shortly hear PIL by BJP leader and former Union Minister Subramanian Swamy seeking deletion of the terms "socialist" and "secular" from Preamble to the Indian Constitution

The plea challenges 42nd amendment Act which added terms "socialist" and "secular" to describe India in Preamble.

Plea also challenges provisions of Representation of the People Act, 1951, requiring political parties to give undertaking to uphold secularism to get registered.

Bench: Justice Sanjiv Khanna and Justice PV Sanjay Kumar

Read 19 tweets

Bar and Bench

@barandbench

Oct 4

#SupremeCourt is hearing appeal against April 8 order of Delhi High Court recognising Central Delhi Court Bar Association as main bar body for Rouse Avenue District Court

Bench: Justice Abhay S Oka and Justice Augustine George Masih

Delhi HC had rejected claim of Rouse Avenue Bar Association, Delhi Rouse Avenue Court Bar Association & Rouse Avenue District Court Bar Association which had all staked their claim to be declared as recognised bar association for Rouse Avenue Court

Read: barandbench.com/news/delhi-hig…

On August 9, while issuing notice, the top court had questioned High Court for entertaining a writ petition and proceeding to recognise lawyers body

Read our report on the last hearing: barandbench.com/news/litigatio…

Read 7 tweets

Bar and Bench

@barandbench

Oct 3

Appeal against Madras HC judgment which ordered police investigation into the ashram run by Sadguru, Isha Foundation

Sr Adv Mukul Rohatgi: These are issues of religious freedom. This is a very urgent and serious case. This is about Ishal foundation, there is Sadguru who is very revered and has lakhs of followers.

#Sadguru #SupremeCourt

SG: HC should have been very circumspect. This needs your attention

#sadguru

The plea is by Isha Foundation, led by spiritual leader Sadhguru Jaggi Vasudev, as a team of 150 police officers descended upon its Thondamuthur ashram on Tuesday.

The search, spearheaded by an Assistant Deputy Superintendent from Coimbatore, came at the directive of the Madras High Court, which requested a comprehensive report on all criminal cases tied to the foundation

Read 20 tweets

Bar and Bench

@barandbench

Oct 1

Supreme Court to shortly hear case where it said it will issue guidelines for bulldozer-led demolitions and anti-encroachment drives.

#SupremeCourtOfIndia #SupremeCourt #Bulldozer

Sr Adv Sanjay Hegde: I am for the fruit seller in Jahangirpuri in whose matter it first reached here. I only urge that it be listed today along with this and tagged.

SC: Okay. Did you tell the other side?

Solicitor General Tushar Mehta: I am appearing for three States including Uttar Pradesh, Gujarat and Madhya Pradesh. Very dispassionately I will give my suggestions, UP has in fact shown the way.

SC: But can being criminal accused be a ground?

SG: No absolutely not. Even for heinous crimes like rape or terrorism. Like my lord said it cannot also be that notice issued stuck one day before, it has to be in advance. Town planning authorities have that provision, lordships may say written be given by registered post so this pasting business stops and it gives 10 days time from date of receipt.

Read 24 tweets

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