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Bar and Bench

@barandbench

Oct 1, 2020 • 10 tweets • 9 min read • Read on X

Allahabad High Court takes suo motu cognisance in the Hathras Gang Rape case.

Asks Principal Secy, DGP and DM Hathras to be present on October 12

#HathrasHorrorShocksIndia #Hathras

Allahabad HC directs that family members of the deceased victim i.e. the father, the mother, brothers and sisters shall also be present before this Court so that Court ascertains the facts and their version

#HathrasHorror #HathrasHorrorShocksIndia #Hathras #UPPolice

Allahabad HC: SHOCKED OUR CONSCIENCE

concerned about the incidents leading up to Victims cremation, as alleged, have shocked our conscience, therefore, we are taking suo moto cognizance of the same.

#UPPolice #HathrasHorrorShocksIndia #HathrasHorror

HC refers to a statement by ADGP Prashant Kumar :

"The cremation was done in the presence of family members and with their agreement...

The body was decomposing and that is why the family members agreed that cremating it late night itself would be better." #UPPolice

@IndianExpress

HC order refers to @IndianExpress , @timesofindia , @AmarUjalaNews @aajtak @indiatvnews @RajatSharmaLive.

Says @RajatSharmaLive showed that cremation was forcible

Read the 11-page order of the Allahabad High Court [Read ORDER]

#HathrasHorrorShocksIndia #UPPolice #allahabadhighcourt #Suomotu

barandbench.com/news/litigatio…

Allahabad High Court quotes Oscar Wilde

#HathrasHorrorShocksIndia #UPPolice

Allahabad High Court appoints AMICUS

"Shri Jaideep Narain Mathur, learned Senior Advocate and Shri Abhinav Bhattacharya, Advocate, who are practicing lawyers of this Court, as Amicus Curie and request them to assist this Court in the matter".

#HathrasHorrorShocksIndia #UPPolice

What is the Allahabad High Court examining?

In Re : “Right to decent and dignified last rites/cremation”

#HathrasHorrorShocksIndia #UPPolice #HathrasHorror

Allahabad HC quotes #MahatmaGandhi - eve of #GandhiJayanti:

This is a time to strengthen our resolve to live up to the ideas which "Bapu" stood for, but, unfortunately ground realities are very different from the high values propagated and practiced by the Father of our Nation.

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More from @barandbench

Bar and Bench

@barandbench

Aug 7

#SupremeCourt hears the bail plea of #AshishMishra, the prime accused in the #LakhimpurKheri killings case

Bench: Justices Surya Kant, Ujjal Bhuyan and NK Singh

Sr Adv Sidharth Dave: 20 witnesses have been examined. 20 dropped by the prosecution

Adv Prashant Bhushan: Please see something of importance. The last order gave liberty to Baljinder Singh to file a complaint with police officers.. the one who had a telephonic conversation... He had complained that he got threats of being met with dire consequences etc.

Bhushan: even after complaint no FIR till date. Lalita Kumari says FIR within a week. It's been one and a half month

AAG Garima Parshad: SP had called him. But he did not come or disclose identity

Justice Kant: but what's the problem in police going to him ..let complaint be verified and if cognizable let law take its course

Dave: The complaint is at the behest of SP party member Amarjeet Singh. How long should we go on and on about this

Read 6 tweets

Bar and Bench

@barandbench

Aug 7

#BREAKING Supreme Court to DELIVER judgment on Justice Yashwant Varma's writ petition challenging the in-house inquiry report

Bench: Justices Dipankar Datta and Justice AG Masih

Senior Advocate Kapil Sibal in the front row

Judges to assemble shortly

#JusticeYashwantVarma #SupremeCourt

Justice Dipankar Datta: We have said that lest any observations made by us may prejudice the petitioner in future proceedings. We shall tread carefully

#JusticeYashwantVarma #SupremeCourt #BurntCash

Read 6 tweets

Bar and Bench

@barandbench

Aug 6

Bombay High Court is hearing the plea of HDFC Bank MD and CEO Sashidhar Jagdishan seeking quashing of FIR filed by Lilavati Trust.

The FIR filed with the Bandra police pursuant to a magisterial order accuses Jagdishan of accepting It accuses him of accepting a ₹2.05 crore bribe from the erstwhile trustees.

A bench of Justice MS Karnik and NR Borkar is hearing the case.

Senior Advocate Aabad Ponda is arguing for the trust.

He says that there is no precedural flaw in the order passed by the magistrate and cannot be struck down at the stage.

Sr. Adv Ponda : On the arguments that similar allegations were made in an earlier FIR:

He says that successive FIRs are not allowed only when the earlier FIR has resulted in a trial which eventually led to a conviction or acquittal.

Read 5 tweets

Bar and Bench

@barandbench

Aug 6

Supreme Court hears a case challenging a Madras High Court order which directed that the Chief Minister’s name cannot be used for any schemes.

Bench: CJI BR Gavai, Justices K Vinod Chandran, and NV Anjaria

Sr. Adv. Mukul Rohatgi: I am a political party. The scheme is ‘Stalin is with you’. He says 9000 camps will be set up all over the state to which people can come and claim benefits under ongoing schemes.

CJI: which party do you belong to

Counsel: AIADMK.

CJI: so during AIADMK how many schemes like this were there (in the name of the CM)

Read 29 tweets

Bar and Bench

@barandbench

Aug 5

Bombay High Court to shortly hear HDFC Bank MD and CEO Sashidhar Jagdishan's plea seeking quashing of FIR filed by Lilavati Trust.

The FIR filed with the Bandra police pursuant to a magisterial order accuses Jagdishan of accepting It accuses him of accepting a ₹2.05 crore bribe from the erstwhile trustees.

#HDFCBank #SashidharJagdishan #Lilavatitrust

A bench of Justices MS Karnik and NR Borkar is hearing the plea.

In the last hearing, Senior Advocate Amit Desai appearing for Jagdishan argued that the FIR was lodged with malice only to scuttle the recovery proceedings initiated by the bank against business belonging to a late trustee.

Further, he argued that the complainant trust should have followed the appropriate steps and should have filed complaint initially with the local police and then with the superior officer if he failed to take cognisance before approaching the magistrate under Section 175(3) BNSS.

He further argued that the complinant was filed by the power of attorney holder of a present trustee Prashant Mehta. The POA holder was appointed long before Mehta even became part of the trust.

He further alleged Mehta of using the trust for his perosonal objectives.

Senior Advocate Aabad Ponda arguing for the trust.

He submits that any irregularity in procedure (Here, the affidavit submitted with the complaint) doesn't mean there is failure of Justice.

He reads out precedents that affirms his stance.

Court: just crystalise your submissions.

Read 5 tweets

Bar and Bench

@barandbench

Aug 5

Supreme Court hears a suo motu case involving the death of a 31-year-old resident doctor at the state-run RG Kar Medical College and Hospital in Kolkata, West Bengal.

Bench: Justice MM Sundresh and NK Singh

The case, involving a junior doctor's death at a college seminar hall, has triggered nationwide protests, prompting the Supreme Court to take suo motu cognisance to examine workplace safety for medical professionals and issues in the RG Kar probe.

Justice MM Sundresh: Who is appearing for Union?

Counsel: I appear for Union. As far as intervenor application are concerned, the Registry was sent on email Id...whatever was received on that email I'd, NTF has considered that.....to this effect Union has also filed an affidavit in May 2025.

Read 8 tweets

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