Bar & Bench Profile picture
Apr 25 12 tweets 4 min read
Supreme Court is hearing a petition filed by jhuggi dwellers from Sarojini Nagar against the eviction orders without rehabilitation of slum dwellers
#Demolition #SupremeCourt Image
Sr Adv Vikas Singh: can we just banish them where do you expect thousands of people to go? there has to be some scheme.
#supremecourt
Singh : Board exams are starting from tomorrow and the petitioners are students milords. there are precedents that they have to be rehabilitated #supremecourt
Counsel for Delhi government says that the slum dwellers must be protected as they are the jhuggi protection scheme

Justice KM Joseph asks petitioner to read the Ajay Maken judgment
Justice KM Joseph: we read your impugned notice. You say that you have to vacate the land. now these people have come from all over the country and they cannot afford rates elsewhere. as a modern govt you cannot say you will throw them out. you have to engage willingly
SC: Issue notice. ASG seeks time to address the court. List matter on Monday. we record submission that there will be no coercive action on site of respondent no 1. #supremecourt
ASG: Please say action against petitioners. In the garb of PIL they cannot espouse the cause for everyone. #supremecourt
Sr Adv Vikas Singh points to the petition saying that 1,000 will be ousted if they are removed

ASG relies on the prayer in the plea which concerns the petitioner

Justice Joseph: it will not be fair if we just allow the petitioners to stay and others be removed
Justice Hrishikesh Roy: should it be that only 2 persons be protected and others are not protected? See in one week that order applies to the two and not others. will you conduct this exercise and then do the demolition. this is a trick submission
Justice Roy: when an intelligent counsel (ASG) is making a submission then we will pose an intelligent query, is it not. when we are examining the matter then it should not be precipitated. if you are having difficulty then we will say it. should we? they are asking for a survey
Sr Adv Singh: 172 names are already there. Each of them are head of family and there are family members there in.

SC: In the act there is a definition of Jhuggi. You have defined it as sanitation is bad etc and thereby you rehabilitate them
SC: If you see the judgments of this court, it is about the fundamental rights of the jhuggi dwellers as well. #supremecourt

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More from @barandbench

Apr 27
Supreme Court is hearing the suo moto case to devise methods for expeditious trial of Section 138 NI Act cases

#SupremeCourt #NIAct Image
Sr Adv Sidharth Luthra, Amicus Curiae in the case: There are 26 lakh cases, and now it’s increased by 7 lakh in 4 to 5 months. That is a disturbing number here. One defaulting area is Delhi and Gujarat has 4 lakh cases, Maharashtra has 5.6 lakhs #NIAct
Justice Ravindra Bhat: there needs to be a greater analysis of pendency

Luthra: only 15% of last year’s pendency has been disposed and then less cases are being disposed every year #NIAct
Read 17 tweets
Apr 27
CJI NV Ramana led bench to hear a plea by #Delhi government challenging the Government of NCT Delhi (Amendment) Act, 2021 over the issue of administrative services #SupremeCourt Image
Bench assembles #SupremeCourt
SG Tushar Mehta: By way of a preface, this court is aware that article 239 AA was inserted after the constitution was framed. Initially there was concept of state were in class A, B etc. Delhi was class C state. Legislature wanted to do something

#DelhiGovtvsLG
Read 21 tweets
Apr 27
#SupremeCourt is hearing a matter regarding cancellation of ration cards in Telangana

Bench: What were the grounds? Image
Counsel: They have grounds cited for general cancellation, but for me no specific criteria/ground cited. 21.94L cards cancelled which were given after verification by ration authorities.
One day say sorry, discontinued. Act of extreme cruelty, poor families rendered w/o cards.
Counsel: [Reads from written submissions] Total ration cards between 83-87, roughly a quarter then cancelled. When we protested lack of notice, their counter was NFSA there is no mention of notice needed
Natural justice means notice should be given. On Aadhaar, made mandatory
Read 38 tweets
Apr 27
#SupremeCourt Bench of Justices L Nageswara Rao and BR Gavai to shortly hear bail matter of Rajiv Gandhi assassination convict AG Perarivalan Image
Court had last hearing granted bail, ASG had opposed saying his death sentence had been commuted after conviction

barandbench.com/news/rajiv-gan…
Bench: We know this case list make a point. Prob is Givernoe sending Cabinet recommendations to President.

Counsel: Consistent stand has been against the Governor's reccomendations. all IPC offences, culled out case by case, 302 cases power with governor
For this case ...
Read 26 tweets
Apr 27
CBI has challenged the order passed by Special CBI Court in Aakar Patel's case of FCRA. CBI Court had upheld an order setting aside a look out circular (LOC) that stopped him from traveling abroad.

Hearing slated to take place today.

@Aakar__Patel #fcra #CBI Image
Previously, Special CBI Court upheld Magistrate court order setting aside CBI LOC against Aakar Patel.

Read:
barandbench.com/news/special-c…

@Aakar__Patel #CBI #fcra
Additional Solicitor General S V Raju appears for CBI.

@Aakar__Patel #CBI #fcra
Read 15 tweets
Apr 27
Delhi High Court will continue to hear today former JNU student Umar Khalid's plea seeking bail in the Delhi riots larger conspiracy case.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA Image
In the last hearing, the High Court had expressed a view that it found Khalid's speech obnoxious and inciteful.
Read the full story here:
barandbench.com/news/litigatio…
The Delhi Police has now filed a short affidavit opposing Khalid's bail application.
The petition will be heard by a bench of Justices Siddharth Mridul and Rajnish Bhatnagar.
#DelhiHighCourt #DelhiRiots #UmarKhalid #UAPA
Read 165 tweets

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