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Apr 11 10 tweets 2 min read
#SupremeCourt to shortly hear plea by the whistleblower in the Vyapam scam, by Dr Anand Rai, who was arrested by the Madhya Pradesh Police in connection with the paper leak of the Madhya Pradesh Teacher Eligibility Test (MPTET) #Vyapam
Justice Chandrachud: post which has been made and has been referred to in the HC judgement, what does it actually mean?

Sr Adv PS Patwalia for Laxman and Sr Adv Kapil Sibal for Dr Anand Rai.
SC: But what is objectionable?

Patwalia: He names me as Matkam which means impotent and he knows my name is Laxman Singh Markam. It was to the whole world milords
SC: It can be said that it was a mis spelling of your name is inadvertent error and he can tender you an unconditional apology,..that can be the end of it
Patwalia: the whatsapp messages are not on record He is not innocent. He knows I belong to reserved category. let there be a probe and let that not be interdicted

SC: We are not stopping investigation. let chargesheet be filed
Patwalia: No liberty should be given.

SC: We will reserve his rights and liberties. He can be relegated under Section 482. keeping remedies open is so routine.

Patwalia: please see hc order
SC: Court was apprised of the fact that the petitioner was enlarged on bail on April 7, 2022. HC granted liberty to petitioner to adopt suitable proceedings under section 482.
SC: it is clarified that after submission of chargesheet it would be open to adopt substantive proceedings under section 482
SC: **in the event of the chargesheet being filed
SC: In the event of the charge sheet, it will be open to Petitioner to challenge the same and at that event none of the impugned observations will be considered in case of such proceedings
#supremecourt

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More from @barandbench

Apr 12
#SupremeCourt special bench headed by CJI NV Ramana is hearing Delhi Government's plea challenging Constitutional validity of Government of NCT of Delhi (Amendment) Act 2021,which increased powers of Delhi Lieutenant Governor over elected Govt @LtGovDelhi #SupremeCourt Image
Sr Adv AM Singhvi: Issue contextually is, Can Delhi transfer post ABC belonging to Central services. Point two is, impugned notification after decades of Govt of NCT, for decades NCT has passed laws notifications for this purpose.
Singhvi: No body had idea to issue notifications like one now issued and challenged herein.
Read 20 tweets
Apr 12
Home secretary does not submit affidavit before Supreme Court on if Centre will honour agreement on keeping Abu Salem's jail term to 25 years

Bench asks State Counsel lawyer if Ajay Bhalla would make oral statement, matter passed over on request Image
Solicitor General Tushar Mehta before the Bench rose for lunch asked for time saying there had been a communication gap.

SG Mehta: Request it to be on next next working day.

Bench: Tthe affidavit of Home Secretary will be filed on or before April 18, as last opportunity.
Order: List on 20th April for directions.

Abu Salem's counsel asks for directions that Home Ministry file it tomorrow.

SG: Your client involved in bomb blast case, in no poition to direct when to file. [To Bench] He cannot direct the government as to when to file.

#AbuSalem
Read 5 tweets
Apr 12
Supreme Court exchange while hearing a FTII student's plea challenging a certain vision-based exam made compulsory in the course

Bench: Sometimes you must let hearts rule the mind.

Counsel: On lighter note, remember a colleague telling me we should read CPC for more civility Image
Order: Art is non confirmist and will not fit in any box. It is this thought process which made us pass the order dealing with the asepct of colour blindness.
Order: We peruse report of Committee. The same rightly framed two issues on which their opinion was sought. Held about 8 online meetings and with a view to inform itself of the colour blindness difference in curricula by writing to top film institutes.
Read 27 tweets
Apr 12
#SupremeCourt is hearing petition alleging duty evasion on the export of iron ore in pellet form by some firms to countries like China Image
NGO Common Cause while alleging export of iron ore in pellet form by some private firms by evading export duty seeks direction to Centre to levy an export duty of 30 per cent on the export of iron ore in all forms including pellets.
Adv Prashant Bhushan: many of these mining companies say they are adhering with the rules

CJI: Mr Bhushan I want to tell you something, State counsel has been heard and orders have been passed. if they agree its okay and if they dont agree then file additional documents etc.
Read 7 tweets
Apr 12
Supreme Court is hearing a matter related to the 73rd amendment in Nagaland.

Counsel: My statement should be recorded. Government, CM, Dy CM has accepted to apply reservation for women in local bodies Image
Order: Counsel for State of Nagaland informs court of resolution taken. Now it is to hold elections with reservation for women.

On 16/3/2022 meeting was held as per affidavit, taking into account court directions, state to use assembly electoral rolls.
Bench: Anyone representing Election Commission

Counsel: Have already initiated summary revision.

Bench notes this in order, process will take two months as per counsel instructions.

Bench: When will schedule be declared? We must go ahead, don't want to keep monitoring it
Read 6 tweets
Apr 12
#SupremeCourt to hear the share transfer dispute between low-cost domestic carrier Spicejet and Kalanithi Maran @flyspicejet Image
The court is hearing a plea by Maran and KAL to lift a November 6, 2020 order of stay on a Delhi High Court direction to the airline to deposit ₹243 crore as interest on the principal amount of ₹578 crore involved in the dispute.
Sr Adv Mukul Rohatgi: We tried. we had long meetings but unfortunately I am told it is not possible to accept the offer. please keep it next week for arguments

Counsel for respondent; we had apprehension about the interest. If something can be worked out then we are open
Read 4 tweets

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