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Bar & Bench

6 Jan, 9 tweets, 4 min read

#SupremeCourt bench led by CJI SA Bobde to hear petitions challenging the Constitutional validity of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 and Uttarakhand Freedom of Religion Act, 2018
which regulates #conversion & interfaith marriage

The controversial ordinance: Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 (Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadhesh, 2020 in Hindi) was signed off by state governor on Nov 28
#interfaithmarriage
#religuousconversion

Solicitor-General: Allahabad HC us already examining this

CJI: Why don't you approach the HC. Its pending in Allahabad and Uttarakhand HC. We will not interfere under Article 32. We are not saying you have a bad case but firstly move the High Court

Adv Pradeep Kumar Yadav: when a matter is pending in several courts, this Court has the power to call all records and examine this. Whole society is affected

CJI:Only Uttarakhand and UP is affected. This is not a transfer case

Yadav: Even Madhya Pradesh and Haryana are in line

Senior Advocate CU Singh: there are multiple states now going for this law. Madhya Pradesh has also convened a special session

CJI SA Bobde: we issue notice

Senior Adv Singh: please issue stay. People are being lifted from marriage ceremonies and mob attacks are taking place

CJI: You want stay of?

Singh: we need stay on reverse burden of proof and intimation police for marriage. Prima facie its an oppressive clause. Its a non bailable offence. This is there in both acts. Daily there are reports of people being picked up by force.

CJI: you are asking for a relief which we cannot entertain under Article 32. These whether provision is arbitrary or oppressive needs to be seen. This is the problem when you come directly to the Supreme Court

Singh: it is obnoxious to seek prior permission for marriage from magistrate

CJI: We will hear. Notice issued, returnable after 4 weeks.

Supreme Court refuses to stay UP, Uttarakhand laws on inter-faith marriage, conversion; Issues notice to examine validity

#SupremeCourt #interfaith #UttarPradesh

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@barandbench

8 Jan

Delhi High Court begins hearing PILs seeking recognition of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act and the Foreign Marriage Act.

#DelhiHighCourt #samesexmarriage #marriage

@Iyervval

PIL with respect to Hindu Marriage Act has been preferred by Abhjit Iyer Mitra, Gopi Shankar M, Giti Thadani and G Oorvasi.

PIL with respect to Special Marriage Act is by Dr Kavita Arora and her partner, Ankita Khanna.

#samesexmarriage

@Iyervval

Petitioners in Foreign Marriage Act PIL are Vaibhav Jain and his partner, Parag Vijay Mehta.

Petitions are before Division Bench of Justices Rajiv Sahai Endlaw and Sanjeev Narula.

#samesexmarriage

Read 10 tweets

Bar & Bench

@barandbench

8 Jan

Gujarat High Court: Advocate General lists out the Government restrictions during Uttarayan.

Chinese Sky Lanterns banned says Advocate General Kamal Trivedi.

AG says Gujarat Government has restricted terrace and open area of private residential places and have allowed to fly the kite only for the residents of the society and not to outsiders.

AG says that Gujarat Government is aware that the repeat of spike during diwali does not happen during the Uttarayan. #uttarayan #uttarayan2021

Read 5 tweets

Bar & Bench

@barandbench

8 Jan

@Flipkart

Karnataka HC will shortly hear a plea moved by flipkart to quash an order passed by Competition Commission of India alleging violations of competition law.

@Flipkart
@CCI_India
@cait

#Flipkart

@Flipkart

The Court will today decide whether CAIT can be made an intervening applicant in the said plea moved by Flipkart.

@Flipkart
@CCI_India

https://twitter.com/barandbench/status/1347078333918367745?s=19

Here is what happened in Court yesterday:

https://twitter.com/barandbench/status/1347078333918367745?s=19

@Flipkart
@CCI_India

Read 7 tweets

Bar & Bench

@barandbench

8 Jan

@HQ_DG_NCC

Transwoman's plea against exclusion of transgender persons from NCC enrollment]

Justice Anu Sivaraman is hearing the matter.

barandbench.com/news/litigatio…

@HQ_DG_NCC

@raghulsudheesh

Adv Raghul Sudheesh for the petitioner: This Court had explored the possibility of the petitioner being included as a female or as a transgender for enrolment, she has a right to a self-perceived gender identity as per the NALSA judgment as well as the 2019 Act.

@raghulsudheesh

Central Govt Counsel: We have received a reply affidavit from the petitioner, we want to file an additional affidavit to the same. Ten days time may be granted

Petitioner counsel: Milord, this is a delaying tactic.

Read 4 tweets

Bar & Bench

@barandbench

8 Jan

#SupremeCourt expresses grave concern over forest officials being attacked by poachers across the country. Asks SG Tushar Mehta so that the Assam model can be followed and arm their forest guards with bulletproof jackets. Asks states to tighten belts of home departments

CJI: Mr Divan has pointed out the danger and helplessness the forest staff is subjected in the course of protecting flora and fauna of forests. Examples of Maharashtra and Rajasthan has been brought on record.

CJI: Senior Adv Divan says these officials often face FIRs for acting to guard forests. We are not going into truth of allegations.

Read 9 tweets

Bar & Bench

@barandbench

8 Jan

CJI SA Bobde led bench to shortly hear a plea seeking directions to Centre to appoint a full-term
Chairman/Chairperson, Vice Chairperson & other members of the National Commission for
Scheduled Caste & Tribes under Article 338 of theConstitution
#SupremeCourt

Advocate Rajesh Inamdar: These positions are vacant since 10 months. The commissions which are constitutional bodies have become redundant. Case of atrocities is rising and the UP body of SC ST is vacant since 2019

CJI SA Bobde led bench issues notice.

Read 4 tweets

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