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8 Oct, 9 tweets, 3 min read
A CJI SA Bobde led bench to shortly hear @JamiatUlama_in 's petition seeking action against media reports indulging in giving a communal angle to the COVID-19 pandemic in the light of Tablighi Jamaat Meeting in Nizamuddin.

#SupremeCourt
#COVID19
#tablighijamaat
CJI to Senior Adv Dushyant Dave: We have examined Cable TV Network Act. Section 20 of the act has the remedy.

to SG Mehta: Please take a look at Section 20
Dave: My rejoinder has all these provisions

CJI: This power is exercisable only in relation to Cable TV network and not in relation to TV signals like Doordarshan etc. Does the govt have any power to ban the signals? Their affidavit says they had issued advisories
CJI to SG Mehta: You cannot treat the court how you are treating it. The affidavit is by some junior officer. The affidavit is evasive and says petitioner shows no instance of bad reporting. You may not agree but how you can say there is no instance of bad reporting shown
CJI: Secretary of the department must file an affidavit and avoid any unnecessary and nonsensical averments as made now

SG Mehta: I will personally vet it and ensure a senior officer files it
Senior Adv Dave cites the decision of the govt to take Asianet TV down for few days

CJI: Just because they have exercised the power does not mean it is correct. The act only covers the network..

Dave: no it covers TV communications also
CJI: freedom of speech is one of the most abused freedoms in the recent times
Matter adjourned after two weeks.
Communalisation of Tablighi Jamaat: "Freedom of Speech is one of the most abused freedoms in recent times", CJI Bobde observes

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More from @barandbench

Bar & Bench Profile picture
9 Oct
#2G: Delhi High Court to shortly begin hearing appeals preferred by CBI and Enforcement Directorate against the acquittal of all accused in 2G Spectrum case.

Justice Brijesh Sethi is hearing the appeals on a day-to-day basis.

#ARaja #2GAppeals

@dir_ed Image
The appeals are at the stage of "leave to appeal".

The acquitted accused have alleged that the appeals were not filed in accordance with law.

#2G #2GAppeals
Appeals were listed for hearing at 2.30 PM.

Hearing yet to start.
Read 77 tweets
Bar & Bench Profile picture
9 Oct
CHALLENGE TO TRIBUNAL RULES, 2020:

#SupremeCourt Bench headed by Justice L Nageswara Rao resumes the hearing on petition filed by the Madras Bar Association (MBA) assailing the Tribunal Rules of 2020 on grounds of being in violation of principles of separation of power. Image
Attorney General for India KK Venugopal begins making his submissions.

AG: Supreme Court in Rojer Mathew had upheld Section 184 of Finance Act in its entirety which says that the tenure should not exceed five years.

#SupremeCourt #TribunalRules
AG: Reappointment is by the same selection committee. This is an entirely safe procedure where if a member is writing judgements in time and is working with integrity, then the member can be reappointed.

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Read 32 tweets
Bar & Bench Profile picture
9 Oct
Bench of Justices SS Shinde and GS Kulkarni hears plea filed by Sameet Thakkar (accused of publishing objectionable caricatures against the Uddhav Thackeray Chief Minister of Maharastra) today.

@CMOMaharashtra
@thakkar_sameet

#BombayHighCourt
Adv. Abhinav Chandrachud appearing for Thakkar points out that a fresh FIR is filed with BKC police by same complainant.

Chandrachud seeks directions to the police to not arrest Thakkar as he is going to co-operate with the police and for a copy of the FIR be given to Thakkar.
Court notes that Thakkar had previously not co-operated with the police based on records which show there were several notices sent.

Chandrachud points out that as soon as the Court granted him protection from arrest, he appeared before the police station.
Read 8 tweets
Bar & Bench Profile picture
9 Oct
Bench of Justices SS Shinde and MS Karnik
of Bombay HC hear the plea filed by Wadhawan brothers (DHFL) challenging the arrest order of Sessions Court, Chennai, granting custody of the brothers to Economics Offences Wing (EOW) Chennai.

#BombayHighCourt
Court asks Ar. Adv. Amit Desai appearing for the brothers if an order can be challenged in a writ court?

Desai explains to the court that the prayers in the petition are essentially in the nature of the habeas corpus.

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Desai points out to the court that the Sessions Court, Chennai granted an ex-parte order of custody without following the proper procedures given under CrPC.

He adds that both the brothers are now in the custody of Chennai police.

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Read 6 tweets
Bar & Bench Profile picture
9 Oct
State informs the #BombayHighCourt , they are willing to increase no. of local trains. AG Kumbhakoni for State said: State is acting parens patriae.

Bench of Chief Justice and Justice GS Kulkarni hearing the matter pointed out that they can pass guidelines for safer travel.
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But since now, the number of affected people is reducing, they have started opening more sectors.
AG also pointed out that citizens are not strictly complying with social distancing rules.

Court: What have you done for the employees of restaurant and cinema?

Court asked State to assess new demands that will come up after opening of new sectors.

#BombayHighCourt
Read 13 tweets
Bar & Bench Profile picture
9 Oct
Supreme Court to shortly hear a plea by a bunch of CLAT-2020 aspirants seeking a declaration that the conduct of #CLAT2020 violated Articles 14 & 15.

Petitioners pray for the Court to quash the exam and for a direction to the Consortium to re-conduct the exam

#SupremeCourt Image
Adv Gopal Sankaranarayanan: This year has been the worst ever in conducting CLAT. This exam was conducted online

Justice Ashok Bhushan: This was a difficult year?

Sankaranaryanan: Other online exams were also held this year. CLAT consortium says 21,000 objections were recieved
Sankaranaryanan: In lot of questions, wrong model answers were given. Out of 40,000 objections, 20,000 were on question and answers. I am on the other 20,000. The cut off in this exam is not even 0 but -4. This is not only in this exam but in the history of any exam
Read 17 tweets

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