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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

Jul 29

Karnataka HC hears suo motu PIL case registered in connection with June 4 Chinnaswamy Stadium Stampede which left 11 people dead and injured over 50 people. Track thread for updates. Matter before Chief Justice Vibhu Bakhru and Justice CM Joshi.

Advocate General Shashi Kiran Shetty says judicial commission has now submitted its report covering most of the issues raised, which has to be placed before legislature which is slated to sit in August.

DNA's counsel tells Court that it has challenged judicial commission's report on ground that commission did not follow natural justice principles and DNA's reputation is being affected meanwhile.

Read 21 tweets

Bar and Bench

@barandbench

Jul 28

Delhi High Court to decide on October 30 the petitions filed by Delhi riots accused Sharjeel Imam challenging trial court order framing charges and quashing of Delhi Police chargesheet in connection with the December 2019 Jamia University violence during the protests against the Citizenship Amendment Act (CAA).

Justice Sanjeev Narula briefly heard the matter today.

Advocate Talib Mustafa appearing for Imam - Revision petition is challenging the trial court’s order on charge. All petitions arise of the same FIR. There is a separate writ petition also. Even prosecutors have come up against the same order.

Read 8 tweets

Bar and Bench

@barandbench

Jul 28

Karnataka HC Division Bench hears appeal challenging single judge order directing National Law School of India University (NLSIU) Bengaluru to provide 0.5% reservation for transgender students in admissions until it comes out with its own transgender reservation policy.

Justices Anu Sivaraman and Rajesh Rai K are hearing the matter. Senior Advocate KG Raghavan appears for NLSIU, he says that the petitioner who whose plea the single judge order was passed was offered admission but he did not join and "missed the bus."

Raghavan: This was for the 3 year programme.

Raghavan tells Court that petitioner was told to pay the fee for admission to the course, and that he should fill financial aid form if he wished to avail financial aid.

Read 22 tweets

Bar and Bench

@barandbench

Jul 28

Supreme Court takes suo motu cognisance of a media report highlighting deaths caused by rabies due to stray dog attacks on children and the elderly.

Bench: Justices JB Pardiwala and R Mahadevan

#SupremeCourt

Justice Pardiwala: This is a highly disturbing news report titled “City hounded by strays and kids pay price”. It contains extremely troubling details.

Justice Pardiwala: There are reports of hundreds of dog bite incidents from both cities and peripheral areas, many of which have led to rabies infections

Read 5 tweets

Bar and Bench

@barandbench

Jul 28

[Justice Yashwant Varma hearing in Supreme Court]

Supreme Court will today hear the plea filed by tainted Allahabad High Court judge Justice Yashwant Varma challenging the in-house committee report indicting him over the recovery of a large sum of unaccounted cash at his official residence in Delhi

#SupremeCourt #JusticeYashwantVarma

A bench of Justices Dipankar Datta and AG Masih to hear the case today #SupremeCourt

Justice Varma has sought a declaration that the recommendation made by the former Chief Justice of India (CJI) Sanjiv Khanna for his removal as High Court judge be declared unconstitutional and ultra vires #YashwantVarma #SupremeCourt

Read 20 tweets

Bar and Bench

@barandbench

Jul 25

Supreme Court to shortly hear the case pertaining to release of #UdaipurFiles movie

#SupremeCourt

The Central government on Thursday told the Supreme Court that the movie Udaipur Files is about a particular crime and not against any particular community

barandbench.com/news/udaipur-f…

Justice Kant: Have you filed any Petition in HC? How did Mr Sibal say that it was filed. First go to HC and pursue and then come here. Now other side says he is satisfied with central govt order and he does not want to pursue the case here. So you go to HC now. Why waste our time.

Sr Adv Kapil Sibal: This can be transferred to the HC. I can go to the HC but matter was pending here.

Sr Adv Gaurav Bhatia: we are withdrawing it.

Sibal: that is fine ..we will challenge the Central govt order in HC

Read 12 tweets

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