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Apr 11 12 tweets 3 min read
A petitioner in person appears in person for a plea seeking relaxations in the adoption modalities of India

Petitioner: Around 4,000 children are adopted in India every year and there are 3 crores orphans with thousands being infertile.

#supremecourt #orphan
Petitioner: Prospective parents are often not that educated. adoption is governed by Hindu Adoption and Maintenance Act. this act is administered by law and justice ministry. but subject of orphans is handled by ministry of women and child. this is an anomaly
Petitioner: they are not taking action on my representation since they are busy and they say they dont want children to end up in wrong hands. But I have seen 6 instances in my life only

DYC J: 6 is only what must have been reported
Petitioner: just like what happened with credit cards. previously no one gave the credit card with the fear of being duped. but now all used credit cards. citizens of this country are not thief or scoundrels that they are being treated so
DYC J: What is the temple of healing you represent?

Petitioner: we do humanitarian work and naturopathy and we charge no fees.

SC: Registry says you work in the corporate sector?
Petitioner: Profession wise I am a senior manager with reliance industries and I am working with Mukesh Bhai. but my employer has no connection with this. they support me
Judges discuss
#supremecourt #adoption
SC: We are considered that you are genuine petitioner. We issue notice in the petition.
I was a adoption judge in Bombay HC for a long time. I was in a inter country adoption case and it has not left me yet. child changed hands from parent to parent and parent to parent
DYC J: None of the parents applied for the citizenship and he continued to be Indian citizen, He got into a drugs case and he was deported back. He knew no Indian languages.
DYC J: He was found by the missionaries of charity, so there are also instances of abuse. but you are right that we cannot do something for large number of orphans.

SC: Media wants TRP thats why they show that case. its very low in number

DYC J: Yeh case media ka tha hi nahi
Petitioner: Once I went to CWC in Mumbai and there was a real case where the woman was pregnant for fourth time and the man just wanted his brother to pay for the delivery. CWC came to know registered a criminal case. you tell me lordship what was wrong in this?
Petitioner: imagine the plight of the woman without a child. Jab tak is dard ko nahi samjhenge tab tak what can we do. ministers agree with my representation but they dont know what to do.

SC: Okay you made your point, we issue notice

#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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