STUBBLE BURNING:

#SupremeCourt takes up for hearing petition highlighting the issue of stubble burning in the States of Punjab, Haryana and Uttar Pradesh.

Bench led by CJI SA Bobde is hearing the petition.

#stubbleburning #AirPollution #Punjab #Haryana #UttarPradesh
Senior Counsel Vikas Singh for the petitioner tells the Court that the State of Punjab has filed an affidavit while States of Haryana and UP have not.

Singh argues that something needs to be done.

CJI: Don't say "something", you make specific prayers
Singh: The prayer in my petition is that a one man commission of Justice (retd) Madan Lokur can be appointed because he has dealt with many environment issues... Because state agencies and EPCA etc are not empowered and don't have any teeth to take action.

#SupremeCourt
CJI asks: We have two questions,

- Have you taken consent from Justice Lokur?
- Is there a force like the NCC or something similar that can be mobilised in these States to identify/monitor instances of stubble burning?
ASG Aishwarya Bhati for the Centre urges the Court to take up the issue when the #SupremeCourt reopens after Dussehra vacation.

Bhati: EPCA is seized of the matter and Centre is in touch with the States.
CJI mulls over asking EPCA to make mobile teams in the States for surveillance, supervision and management of thr problem and the matter can be taken up for hearing of after Dussehra break.

#SupremeCourt #stubbleburning #AirPollution
SC is informed that State of #UttarPradesh is not party to this litigation.

SC asks for the State to be made a party
Singh informs the Bench that he has spoken to Justice Lokur who is agreeable to taking on this responsibility.

CJI asks Singh for the specifics of the role that Justice Lokur would then be expected to take on.

#AirPollution #stubbleburning #SupremeCourt
Singh: Justice Lokur can take assistance from NGOs/NCC for creation of mobile teams that can monitor and identify instances of stubble burning based on which orders can be passed.
States of Punjab and Haryana apprise the Court of the steps sought to be taken.

CJI says that the Court will not hear the case in entirety today and is looking to pass orders in the interim considering Court will not be in session for nine days starting tomorrow.
ASG Bhati urges for the Court to first consider the steps taken by EPCA in this regard before passing orders.

CJI Bobde: We are only concerned that the citizens of Delhi NCR get to breathe clean and fresh air. The order will not be an indictment on EPCA or any other body.
BREAKING: Supreme Court appoints Justice (retd) Madan Lokur to act as the one man monitoring committee to prevent stubble burning in States of #Punjab, #Haryana and #UttarPradesh.

#AirPollution #DelhiAirPollution
#SupremeCourt asks Chief Secretaries of #Punjab, #Haryana & #UttarPradesh to assist Justice Lokur and enable physical surveillance of all the fields where #stubbleburning is likely to take place and devise methods to prevent it.
SC says it would be fitting if corps such as the NCC, NSS or the Bharat Scouts and guides are deployed for creation of mobile teams.

#SupremeCourt #AirPollution #DelhiAirPollution #Punjab #Haryana #UttarPradesh
The committee may submit a fortnightly report to the Supreme Court or submit a report as and when required.

Court to hear the matter next on October 26.

#SupremeCourt #AirPollution #StubbleBurning
Just as the Bench was about to rise after finishing the Board, SG Tushar Mehta requests the Court not to sign the order of appointment of Justice (retd) Madan Lokur.

Mehta requests for status quo to remain and urged Court to hear him on next date.
CJI asks Mehta why this request was being made.

Mehta: We have some reservations. And the Lordship may not be troubled.

CJI: What reservations?

Mehta: I will have to file an application, we could avoid that.

CJI: We have not given him any extraordinary power or jurisdiction
Mehta: We are only requesting to be heard on Monday first.

CJI: We heard the matter at length for half an hour. We heard evryone. The consent of the Judge was taken. We passed the order in open Court. You tell us what your reservations are orally.
Mehta again presses for order not to be passed for now.

Supreme Court however declines to accept this request.
Supreme Court appoints Justice (retd) Madan Lokur to monitor and prevent stubble burning even as SG Tushar Mehta opposes appointment #stubbleburning #AirPollution #DelhiNCR #SupremeCourt

Read full story: bit.ly/2SYRgvV

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More from @barandbench

17 Oct
WEBINAR:

Webinar on "Career in Criminal Law Practice" organized by Jammu & Kashmir HC and J&K Judicial Academy will begin shortly now.

Senior Advocates Rebecca John, Siddharth Luthra and Mohit Mathur will be in conversation with Advocate Bharat Chugh.

@AdvBharatChugh Image
Session begins.

Chief Justice of the Jammu & Kashmir HC, Justice Gita Mittal, is chairing the session.
Moderator, Rajeev Gupta introduces the panelists - the three Senior Advocates as well as Advocate Bharat Chugh.

@AdvBharatChugh
Read 59 tweets
16 Oct
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CJI to petitioner: As a civilian you are liberty to approach the President, don't come here.

#SupremeCourt @OfficeofUT
Petitioner attempts to highlight incidents of "misgovernance"

CJI: You are saying that because some #Bollywood actor (#SushantSinghRajput) has died, the Constitutional rule is not being followed in the State?

#SupremeCourt #Maharashtra @OfficeofUT
Petitioner: There are more instances.

CJI: Every instance you have mentioned has taken place in #Mumbai. Do you know how big #Maharashtra is? Thank you, we are not inclined to entertain.

#SupremeCourt @OfficeofUT
Read 4 tweets
16 Oct
Justice AM Khanwilkar: Where is the petitioner? Why are you not speaking?

Adv ML Sharma: I am speaking

(Judges laugh): If you don't speak, how will we hear you

Adv Sharma: Sorry Madam , oh sorry Your Lordship

#courtroomexchange
#SupremeCourt
ML Sharma: Case concerns Delhi police declined to entertain the FIR regarding of a tribal women who was raped seven times and attempted to be killed. Delhi police is shielding the accused. Four time she was raped in Chattisgarh and thrice she was raped in Delhi. No CBI probe!
SC: We have given you five minutes and waiting for you to finish

Sharma: Chattisgarh police never registered FIR even though the HC ordered to register one.

SC: Show us the HC orders
Read 5 tweets
16 Oct
Delhi High Court to shortly begin hearing plea by Mohit Saraf, Senior Partner, L&L against the firm's Founder Partner, Rajiv Luthra.

Matter is before Justice V Kameswar Rao.

#MohitSaraf #RajivLuthra
The main contention in Saraf's plea is that he could not be summarily thrown out of L&L Partners using strong-arm tactics.

#MohitSaraf #RajivLuthra

Read more:
barandbench.com/news/ll-partne…
Rajiv Luthra has issued a public notice in the newspapers, that Mohit Saraf is no longer a Partner with L & L Partners with effect from October 13, 2020.
Read 193 tweets
16 Oct
The Bombay High Court is presently hearing PILs filed registering protest over the media trial being conduct in the reporting on the death of actor Sushant Singh Rajput. The matter is being heard by a Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni.
ASG Anil Singh continues from the previous hearing - relying on the Sahara judgment.
ASG is arguing for the Union of India.

He points out from the Sahara judgment that the context and content of the offending publication has to be taken into consideration.
Read 86 tweets
16 Oct
Supreme Court to shortly hear plea by 9 women lawyers challenging the July 30 bail condition imposed by Madhya Pradesh High Court where a man accused of sexual assault was asked to get a Rakhi tied on him by the victim. Plea states such orders "objectify women".

#SupremeCourt
Senior Adv Sanjay Parikh: The plea has arose under extra ordinary circumstances

SC: bail condition has been met with I am sure by now
Parikh: We are not on the bail condition but the observations such as this trivialise the offences against women in sexual assault cases

SC: is your grievance limited to MP HC
Read 8 tweets

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