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Apr 18 11 tweets 7 min read
[Lakhimpur Kheri Violence]

#SupremeCourt bench led by CJI NV Ramana to deliver order in plea challenging the bail granted to UP Minister's son Ashish Mishra in the #lakhimpurkheri case.

Family members of the deceased farmer had argued that witnesses were being threatened
The bench of CJI Ramana and Justices Surya Kant & Hima Kohli to assemble at 10.30 am
#SupremeCourt #lakhimpurkheri
Justice Surya Kant: We have prepared three questions. Did Such Overlook relevant evidence by giving bail and was the order by HC illegal

#SupremeCourt #lakhimpurkheri
Justice Surya Kant: The victim has the unbriddled participatory right in such criminal trial process.

#SupremeCourt #lakhimpurkheri
Justice Surya Kant: We hold that the victims have been denied chance of effective hearing. We hold that HC overlooked relevant considerations

#SupremeCourt #lakhimpurkheri
Justice Surya Kant: FIR cannot be treated as an encyclopaedia of events. Judicial precedents were ignored.

#SupremeCourt #lakhimpurkheri
Justice Surya Kant: Keeping all this factor in mind and thus we hold that as a natural corollary, Allahabad HC order CANNOT BE SUSTAINED AND IS THUS SET ASIDE

#SupremeCourt #lakhimpurkheri
Justice Surya Kant: the bail order is set aside and the ACCUSED ASHISH MISHRA TO SURRENDER IN ONE WEEK

#SupremeCourt #lakhimpurkheri
Justice Surya Kant: the denial of victims to be heard and the tearing hurry shown by the HC merits the setting aside of bail order. thus we remand the matter back to HC for fresh consideration of the bail application of accused

#SupremeCourt #lakhimpurkheri
Sr Adv Dushyant Dave: Can the Chief Justice of HC place the matter before another judge of the HC?

CJI NV Ramana: I don't think that will be needed.

#lakhimpurkheri
[BREAKING] Lakhimpur Kheri: Supreme Court cancels bail granted to Ashish Mishra by Allahabad High Court; asks High Court to decide the matter afresh

report by @DebayonRoy

#lakhimpurkheri #SupremeCourt #ashishmishra

barandbench.com/news/lakhimpur…

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More from @barandbench

Apr 18
#SupremeCourt is hearing applications seeking to re-start iron ore export from Karnataka

CJI NV Ramana: issue is whether e auction should be started or not and whether ore export be allowed.
Adv Prashant Bhushan: Steel Ministry says that more and more iron ore is needed. it says India produces 120 million tons every years and it needs 192 million tons every year.
Bhushan: ministry is saying we need to increase production of steel and thus we need more iron ore. it is not saying that there is surplus of iron ore and thus we dont need to export.
Read 16 tweets
Apr 16
Former #Maharashtra Home Minister #AnilDeshmukh produced before Special #CBI Court at Mumbai for remand in connection to corruption case registered after #BombayHighCourt directed enquiry.

@AnilDeshmukhNCP Image
SPP Ratan Deep Singh for #CBI: We are seeking further custody of Mr. Deshmukh.
The rest, Sanjeev Palande, Kundan Shinde (Deshmukh’s associates) and dismissed Mumbai cop Sachin Waze can be sent to JC.

#AnilDeshmukh #CBI
SPP: Allegations regarding transfers and posting, confrontation needs to be done, hence we need further custody.

#AnilDeshmukh #CBI
Read 30 tweets
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
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
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
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

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