Supreme Court bench led by Justice AM Khanwilkar to shortly hear pleas by @ECISVEEP & BJP Leader Pradyumn Singh Tomar @PradhumanGwl challenging an order of the MP High Court directing virtual campaigning for bye-elections
SC: we would like to hear Election Commission first?
Senior Adv Rakesh Dwivedi: now 5 days are left and it paralyzes the election process.
SC: You should have been more proactive. HC would not have interfered if you would have monitored the situation well
EC: We are following the guidelines issued by @HMOIndia
SC: your role as Election commission is wider. You should have informed the authorities well. Public meetings need not be regulated but seen that the protocols are followed
SC: only you can ensure free and fair elections. HC cannot take a call here. You need to set right the situation and check for illegalities and ask authorities to take action. We will say that you will take cognizance of all issues before HC and take responsibility
SC: we will stay the HC judgment and leave it to the @ECISVEEP to take account of all allegations and act in accordance with law.
Rohatgi: Election cannot be changed. But seeing the particular facts, two to three hours of voting needs to be considered. Please ask EC to consider my representation. I am not seeking any order but please consider it.
SC: we will not record this.
Senior Adv Dwivedi: I have heard Mr Rohatgi. Let there be no observations. I will communicate it to the @ECISVEEP
Rohatgi: seven days have been lost since HC order
SC: if parties maintained proper protocol, this situation would not have arisen.
SC: We stay the operation of the HC order of Oct 20 and 23. We direct @ECISVEEP to take cognizance of issues raised in the petition before the HC. All contentions are left open. It will be open to parties to invite attention of ECI in respect of issues arising. NDOH 6 weeks
[BREAKING] Supreme Court stays Madhya Pradesh HC order directing virtual campaigning in by-elections, asks Election Commission to take charge of issues
A three-judge bench of Chief Justice SA Bobde and Justices DY Chandrachud and L. Nageswara Rao
will shortly hear a suo motu case regarding courts functioning via virtual mode during the #COVID19 pandemic.
The top court had taken suo motu cognizance of a letter written by senior advocate and former Supreme Court Bar Association (SCBA) president Vikas Singh, who has suggested measures for use of technology for conducting hearings in the courts.
SC observing “technology is here to stay”, had passed directions by exercising its plenary power under Article 142 of the Constitution & said that all the measures which shall be taken by the courts to reduce physical presence of stakeholders within its premises “will be lawful
CJI: Welcome step, this is something that government should have acted on. This is not a matter for PIL... The only issue is people are choking because of pollution and it is something which must be curbed.
SG Mehta: The petitioner is a lawyer and not a lay person. Please look at para 6 of the additional affidavit. This is unpardonable even for a lay person. This is seriously objectionable.
CJI: Mr Petitioner, you are an advocate no ? First of all keep quiet and don't think you are greater than everyone else. We don't think you should write such things about any adv forget him being senior.
CJI SA Bobde led bench to hear plea seeking a court-monitored CBI probe into the death of celebrity manager Disha Salian who died a few days before actor Sushant Singh Rajput's death.
None of the counsels appeared in the last two hearings
Lawyer for petitioner: In a similar connected cases, a CBI probe was ordered...
SC: you may be having a case or not. But why are you not going to the HC. What is wrong with Bombay HC. They know all officers and they have evidences. Come here if you have a problem
Case dismissed as withdrawn. Petitioner to approach the Bombay HC.
Supreme Court to hear a challenge by Maharashtra govt to the Bombay HC order whereby it had suspended two FIRs filed against Arnab Goswami over statements made against Sonia Gandhi and ‘communalising‘ a gathering of migrant workers in Mumbai’s Bandra
The Bombay high court bench, comprising Justices Ujjal Bhuyan and Riyaz I. Chagla had observed: “We cannot have the spectacle of a Damocles’ sword hanging over the head of a journalist while conducting a public debate.”
Justice Indu Malhotra: We need to know what is the position from @MIB_India
Justice DY Chandrachud: We cannot take this up in a miscellaneous week
Solicitor-General Tushar Mehta: The order by @MIB_India is ready and will be placed on record tomorrow. Any aggrieved person can challenge it thereafter.