Of 527 pages on acquittal of Tarun Tejpal, #Goa judge Kshama M Joshi has used around 400 pages, dissecting testimony of the complainant in arriving at how an 'educated journalist' should've known whether she 'pulled up' her underwear or 'picked up'.
Goa court scans the complainant's phone & messages to note that "it was entirely the norm" for her to have flirtatious relationships & sexual conversations with friends & acquaintances.
Since she refused to give access to her email citing concerns of privacy when her phone details had already been used to humiliate her over her personal details, #Goa judge holds that she "wants to hide something."
Court: If she wasn't facing Tejpal, how did he try to pry open her mouth to force his tongue into her mouth? If she has held her jaw firmly closed, how could the accused put his tonge into her mouth? Why didn't she push her before he did all this? Her story is implausible..
Tejpal letter titled 'Atonement' to Tehalka employees didn't mean confession or admission of guilt but was 'clearly a letter to Tehelka that he is recusing himself as Editor-in-Chief' due to the allegations, according to the #Goa sessions judge.
'Atonement' letter attached too:
#Goa court: Since the prosecution failed to bring on record the CCTV footage of the hotel's 1st floor, it either means that the investigating officer has destroyed it or that Tejpal's defence is confirmed.
Evidence destroyed to benefit the prosecution?
One man testified in support of the prosecution's case of sexual assault since "he was interested in having a relationship" with the complainant: #Goa Court
The appeal by the #Goa Govt against acquittal of #TarunTejpal came up in the #Bombay HC today.
SG Tushar Mehta pointed out the judgment unabashedly discloses identify of the complainant by recording her e-mail I'd & her husband's name at several places, in violation of the law.
#Bombay HC directs the #Goa trial court to remove all these references in the judgment.
While the HC wanted to adjourn the matter citing no urgency, Mehta stressed on how this judgment is against the rape survivors & talks about how a victim must behave after she is raped.
SG Mehta urged #Bombay HC to give him 3 days to file additional grounds of appeal & take up the matter immediately after that to examine the 'astonishing' judgment by #Goa trial judge Kshama M Joshi. HC agrees & fixes the matter next week for another hearing.
#SupremeCourt issues notices to #WestBengal Govt & Centre on a PIL for a SIT probe into post-poll violence in the state & massive displacement of people.
SC also seeks responses from national commissions for women & children on providing relief in camps etc. Next hearing in June
Another petition filed by families of two #BJP supporters allegedly killed by #TMC workers will also be taken up by the #SupremeCourt later today.
#WestBengal Govt, through sr adv Sidharth Luthra, points out that post-poll violence matter is already pending before a five-judge bench in the #Calcutta HC and hence, the #SupremeCourt may not need to hear this matter at this juncture.
#SupremeCourt commences hearing of its suo motu proceedings on ameliorating the conditions of migrant workers during the #COVID19 induced #lockdown.
It expresses displeasure at Centre not submitting its affidavit in time.
"You were directed to file your affidavit a day before the hearing but you have done it just now. Our orders are meant to be compiled with," SC tells Centre.
Adv Prashant Bhushan, appearing on behalf of some activists, addresses the shortcomings in replies filed by states.
SC clarifies it hasn't directed states to grant cash transfer in lieu of dry ration after Bhushan mentions that court also wanted to know about cash transfers.
As he talks about cooked food, SC observes the situation doesn't appear to be as grave as last year for migrant workers
SG Tushar Mehta adds a survey last evening has revealed all major #Covid
hospitals have sufficient #oxygen & there wasn't a single complaint of stock-out. A large quantity of #oxygen received y'day is still to be distributed by #Delhi, prolonging the turn around time. S
SG Mehta's note further points out #Oxygen to #Delhi has come at the cost of demands by some other states & under the orders of the #SupremeCourt.
Open access to courts is a valuable safeguard to constitutional freedom. Freedom of the press is a facet of constitutional freedom of speech & expression: #SupremeCourt holds.
#SupremeCourt emphasises on the freedom of the media as it deals with an appeal by the @ECISVEEP against scathing observations against it by the #Madras high court on Apr 26.
"Real-time updates of court proceedings are extension of freedom of press and principles of open courts. It will only bolster public participation in dispensation of justice. There can't be any gag on such reporting": #SupremeCourt
Suo motu case on #COVIDEmergency commences in the #SupremeCourt with SG Tushar Mehta saying all efforts are being made to comply with the court order to give #Delhi its 700 metric ton of #Oxygen.
#SupremeCourt, however, questions Mehta why the Centre argue before the #DelhiHighCourt that 700 MT wasn't the number fixed by the top court. It adds it was only after this denial by the Centre that the contempt notice was issued.
Centre's formula on allocation of #Oxygen has to be more scientific; it is too general at present, notes #SupremeCourt, asking SG till the time a better formula can be evolved, Centre should inform how it will cater to #Delhi.
No breach of 50% ceiling to give more reservation, says five-judge bench of the #SupremeCourt as it refuses to consider reviewing Indra Sawhney verdict of 1992.
#SupremeCourt also quashes Maratha reservation in so far it breaches 50% ceiling of reservation. It violates equality, rules SC. 2018 state law is nixed.
The five-judge bench also upheld validity of the 102nd constitutional amendment & rules that the Central Govt alone has the power to determine socially & educationally backward classes (SEBCs). States can't have a separate list of SEBCs & @rashtrapatibhvn alone has the authority.