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
Solicitor General Tushar mehta: there is an angle of human organ racket and a child is dead. This may travel beyond the state. In Rubabuddin case it was held that even if chargesheet is filed court can see if the chargehseet is correct. it was reiterated in Narmada Bai too
SG: This is not a political matter. My lords can examine the charge sheet as it concerns all of us
Sibal: please see their additional affidavit and see you will know it is a completely political matter.
SG Mehta: we have not read it
Justice Khanwilkar: you file your SLP Mr Jethmalani. If you succeed there this writ petition may not be needed. this is the SLP against the HC order
Sr Adv Sibal: When that plea was filed, chargesheet was not filed
Justice Khanwilkar: counsel for petitioner seeks time to examine if its appropriate to challenge the HC order of September, 2020. List after one week.
Sr Adv Sibal: I have some matters pending...
Justice Khanwilkar: List the case on August 17, 2021. you have both options now Mr Jethmalani.
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.
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).
Sr Adv PS Narasimha: they say there is a total ban on firecrackers during COVID19
Justice Khanwilkar: it is only dependant air category. if its severe it will not be not allowed. It is aonly furthering the cause of our earlier judgment. There is no ban Mr Narasimha.
Justice Khanwilkar: there is no ban. Only ban to burn where quality is poor. When the air quality is moderate green crackers are allowed. In other areas it is allowed. Bann only in areas of higher than poor #firecrackers#airpollution