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@LawBeatInd

Jul 31

Supreme Court to hear today pre-arrest bail plea filed by former Tamil Nadu minister V Senthil Balaji in a corruption case concerning alleged irregularities in the functioning of the Tamil Nadu State Marketing Corporation (TASMAC).

CJI Surya Kant led bench takes up the matter.

CJI: We will take it up at 1 pm..Justice Mohana is recusing..Me and my brother will hear it..owing to the urgency..

Sr Adv Kapil Sibal for Balaji: The order has just come out...we will submit it..

Bench of CJI Surya Kant and Justice Bagchi to take up the matter shortly.

Read 7 tweets

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Jul 30

Election Commissioners Appointment Case

SG Tushar Mehta tells the Supreme Court that the 2023 law replacing the CJI with a Union Cabinet Minister on the selection panel cannot be tested against the Court's ruling in Anoop Baranwal.

He argues the judgment merely filled a legislative vacuum until Parliament enacted a law, asking, "Would legislative wisdom be bound by a temporary judicial verdict?"

SG Tushar Mehta: There is no indication in any Article of the Constitution as to how the selection is to be made. Where the NJAC provided for one person from the Government, this Court held it violated the independence of the judiciary. No outsiders. Can that principle govern this proposition also?

Solicitor GeneralTushar Mehta: In Anoop Baranwal, the Court was conscious that it was not laying down the law or issuing a mandamus directing the legislature to make a law in a particular fashion. The Court was not proceeding on the basis that the Prime Minister or a Minister would act in bad faith.

SG Mehta: When the executive participates in the selection of another constitutional organ, it is said to affect that organ's independence. Can it then be said to the judiciary that we will not trust your appointments because there is no outsider? This is not adversarial. I am saying this as a student of law.

Read 13 tweets

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Jul 30

🚨BREAKING: The Supreme Court permits a B.Arch student to transfer from IIT Kharagpur to IIT Roorkee, citing the petitioner’s serious health condition and ongoing treatment at PGI Chandigarh.

Counsel for IIT Rorkee argued that rules placed before the Court were applicable only to a specific IIT and not uniformly across all IITs.

Bench: Each IIT independently has a Senate. These rules are for IIT Kharagpur, not IIT Delhi… What about IIT Roorkee then?

When informed that IIT Roorkee has no transfer rules, the Bench decided not to rely on institutional regulations.

Instead, it observed that the matter would have to be considered under Article 142 of the Constitution, enabling the Court to do complete justice.

Senior Advocate Shobha Gupta for petitioner relied on medical records from PGI Chandigarh, submitting that the student suffers from recurrent depressive disorder requiring continuous medication and treatment.

Bench: “This is not something one-time treatment. It is regular medication.”

Counsel for IIT Rorkee argued that while the AIIMS report acknowledged depression and medical issues, it did not specifically recommend transfer from one IIT to another.

However, the Bench focused on the practical difficulty arising from the student’s treatment in Chandigarh while studying in Kharagpur.

Read 5 tweets

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Jul 30

In Supreme Court-

Suo Moto plea to examine the ecological crisis in Himachal Pradesh

Justice Sandeep Mehta: This has come after a really long time. A year back it was supposed to be listed in October. It never came up.

Amicus Curiae: It was mentioned twice, but unfortunately it didn’t come up after that. There are two developments now. An intervention application has been filed, and there are certain facts requiring urgent attention. A report has also come. Mr. CP Goyal, Member CEC is here with us; I had a detailed discussion with him.

Amicus Curiae: It is quite a lengthy and bulky report. Mr. Goel also agrees that much of the data relied upon is outdated;
around four to five years old. We don’t have the latest position on several aspects, including the number of permissions granted.

Bench: What do you propose?

Amicus Curiae: We want the Central Empowered Committee (CEC) to examine these issues. Workshops have been proposed, and the CEC can hold hearings in the State. Since there are nearly 30 questions, all cannot be addressed at once. We have identified two or three issues so that an interim report can be filed. The workshops will require about two to three weeks.

Mr. Goyal, Member CEC: Sir, there are nine broad issues. We can take up three at a time.

Bench: Just a minute. Do you want to deal with all the issues first and then come back to this Court, or would you prefer filing a staggered response?

Mr. Goyal: We can proceed in phases, sir. Three issues in the first round, then another three, and thereafter the remaining three.

Read 6 tweets

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Jul 28

SUPREME COURT HEARS PETITIONS CONCERNING NEET PAPER LEAK PROTESTS

CJI: If we broadly combine the allegations, one is the use of pellet guns, a boy suffered loss of eyesight..use of electric batons and lathis..there is another instance of a woman who is in ICU..then assault on advocates..another incident of assaulting of media persons..

CJI: Then violence perpetrated by police personnel in civil dresses..and some instance of molestation of young women..excessive use of pellet guns..

Sr Adv Gopal Sanakaranarayanan: there are PILs and applications by victims..

CJI: We think there is no need of further arguments as these were peaceful protests..and such a protest is always permissible..

CJI: Sometimes there are some uninvited guests..who come and..

Read 7 tweets

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Jul 20

🚨Shortly in Delhi High Court-

Plea by Sonam Wangchuk’s wife, Dr Gitanjali Angmo against the Single Judge’s refusal to shift Wangchuk from Safdarjung Hospital to a private hospital of his choice.

Bench: CJ Devendra Kumar Upadhyaya and Justice Tejas Karia

Hearing at 2:30PM

Matter taken up.

Senior Advocate Akhil Sibal appears for Sonam Wangchuk’s wife @GitanjaliAngmo

ASG Chetan Sharma requests the matter be taken up after 10-15mins as, Solicitor General Tushar Mehta is on his legs in Court 1 of Supreme Court.

Senior Advocate Akhil Sibal refers to July 16 order of the Court. Reads from it

Sibal: Factually what happens thereafter, there is monitoring of-course. Separately private doctors were also attending. On July 17, there are some parameters that appear in the blood sample. Potassium was 4.3. In the afternoon of July 17, potassium was in normal range.

Sibal: On July 18, Saturday, without any prior information, without telling the family or Mr. Wangchuk, he is carried away by the police forces. I (@GitanjaliAngmo) am not kept in the loop. The police forces took him to Safdarjung Hospital.

Sibal: There was no such sanction. In our reading, of the order.

Read 9 tweets

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