#SupremeCourt to shortly hear the appeal filed by Delhi Police against Delhi High Court order granting bail to Asif Iqbal Tanha, Devangana Kalita and Natasha Narwal in the Delhi Riots conspiracy case & specific observations made regarding #UAPA Act #DelhiRiots@DelhiPolice
Justice SK Kaul:Adjourned as per the letter circulated.
Sr Adv Kapil Sibal: charge sheet runs into 20,000 pages and i don't have the werewithal to get it printed. these are young people. Let the pendrive be filed so that we can refer to it
Justice Kaul: what is your grievance grant of bail or observations? you want them in custody?
Prima facie in bail matter may be all these need not be examined but ultimately all these are observations: Justice Kaul
SG: Your observations will go a long way too, please hear us first
SG: This is not a political matter
Justice Kaul: you are making us say all this. You are not letting me speak. I am saying something but you are not willing to listen. I am trying to segregate the case. One is bail and one is observations. so i want to know what is troubling
SG Tushar Mehta: we are on both the points and we will persuade you on both the points.
Justice Kaul: adjournment request has been made for 4 weeks. charge sheet runs into 20,000 pages. They may be permitted to file a pendrive on the point of cancellation of bail
Justice Hemant Gupta: its on both
Justice Kaul: one is legal position, one is factual position. I am on the factual position. I may have a different point on the observations
SG: i did something impossible. I have managed to get your lordships angry
Justice Kaul: its not that. I feel you cannot delete provisions of a law while dealing a bail matter but its needed to segregate the matter into bail and the observations made. now time is limited
Justice Kaul: bail proceedigns were not in the nature of final adjudicatory proceedings. prima facie call has to be taken whether bail has to be granted or not.
SG Mehta: I cannot agree more
Justice Kaul: this has troubled us many times. bail matters are heard at length in trial, hc and here. you can't do it here. we only propose to hear this matter for only couple of hours.
Justice Kaul: one thing can be said that provisions of the Act are not to be debated in this manner
Invocation of Section 41A was resorted to as an arm-twisting method after Maheshwari did not respond to initial notice under Section 160 CrPC: Karnataka High Court
It is not in doubt that the Section 41A notice itself threatens punitive action and deprivation of liberty, which is a fundamental right: Karnataka High Court
Advocate General Ashutosh Kumbhakoni appearing for Maharashtra government submits that exclusivity cannot be given to a court for the scheduled offences under the NIA Act.
AG: Can we read the magistrate as ‘Court’ as mentioned under the UAPA Act?
The section 43D does not say that Court can be read in the place of magistrate as it does for the other terms.
The Manipur Police had booked Wangkhem under NSA over his Facebook post on cow dung/urine after the death of the BJP State president due to Covid-19.
The order was passed by a bench of C.J PV Sanjay Kumar and Justice KH Nobin Singh on a letter petition moved by wife of Wangkhem.
Earlier this week, the Supreme Court ordered the release of Manipuri activist Erendro Leichombam, who was also booked under the NSA for a Facebook post criticising BJP leaders for advocating cow-dung and cow-urine as cures for COVID.
Justice AM Khanwilkar led bench is hearing a plea filed by the mother of a five-year-old girl who was allegedly kidnapped, raped and murdered in Odisha, seeking a CBI inquiry into death #supremecourt#parimurdercase
Sr Adv Kapil Sibal: Chargesheet has been filed in this case. A protest petition could have been filed. Now it is a fashion to prefer a Article 32 plea after chargesheet is filed
Justice Khanwilkar: You can file a protest petition.
Sr Adv Mahesh Jethmalani: you asked me to file a SLP, we will do that. Please hear me at least. We will come in a SLP
Karnataka High Court to continue pronouncing order on maintainability of plea filed by Twitter's Manish Maheshwari challenging notice issued to him by Uttar Pradesh Police in case related to Ghaziabad assault video
Senior Advocate CV Nagesh reiterates that Twitter Inc does not hold shares in Twitter India. Shareholders in Twitter India are Twitter International Company (9,999 shares) and Twitter Ireland (1 share).