Bar & Bench Profile picture
Apr 12 5 tweets 2 min read
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
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
Bench: You all then can direct Court.

SG Tushar Mehta : will never.

Abu Salem's counsel: Nobody would, ever.

Order: At the request of the SG, to be next taken up on April 21.

#AbuSalem
Supreme Court grants Centre 9 days time (till April 21) to file its reply on regarding if agreement with Portugal PM was/is binding for Abu Salem being brought to country.

Bench had Court previously wanted to know Home Ministry's stance post CBI saying agreement not binding.

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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
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 47 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
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
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
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
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
Apr 12
Special CBI Court will today continue to hear case of CBI challenging order that allowed Amnesty India's Aakar Patel to travel to the US by asking CBI to revoke the Look Out Circular in a Foreign Contributions Regulation Act violation case against him.

@Aakar__Patel #CBI
Special CBI Court previously stayed the order passed by a Magistrate where it asked the CBI Director to send a written apology to Patel and directed Aakar Patel not to leave country without its permission.

@Aakar__Patel #CBI

barandbench.com/news/cbi-court…
Advocate Tanveer Ahmed Mir represents Aakar Patel. Advocate Nikhil Goel appears for the CBI.

@Aakar__Patel @MirAhmedTanveer #CBI #FCRA
Read 80 tweets

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