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Aug 22 • 12 tweets • 5 min read
#SupremeCourt to shortly hear plea by Human rights activist Teesta Setalvad seeking bail after she was arrested for allegedly fabricating documents to frame high ranking officials including then Chief Minister Narendra Modi in the 2002 #GujaratRiots cases #teestasetalvad
Read details of the bail plea here:

barandbench.com/news/litigatio…
Sr Adv Kapil Sibal: Please note a few facts

Justice UU Lalit: I had represented some of the accused in Sohrabuddin murder matter. I don't know if the petitioner had taken up some case in that matter. My duty to inform you

Sibal: we have no objection

#teestasetalvad
Justice Lalit records the submission by Sr Adv Sibal

Sibal: No affidavit in this case has been filed in this matter at all

Justice Lalit: trial court rejected your bail but it is pending before HC

#teestasetalvad
Sibal: But please see what is happening. The case germinated from the Supreme Court order. How can a section 467 application lie before the HC

#teestasetalvad
Sibal: offences are under Sections 468, 471, 211, 298. Please see the contents of the FIR

Justice Lalit: let us see the entire contents of that

#teestasetalvad
Sibal: SC observed that the said matter originated from the complaint by Zakia Jafri and it contained allegations from the Gulberg society incident during the #GujaratRiots

#teestasetalvad
Justice Lalit: Control room, we want to discuss among ourselves (breakout room). Can we have this breakout session?

#teestasetalvad
Justice Lalit: Is the State of Gujarat here?

Sibal: No. They have not filed a caveat also

Justice Lalit: Ok

(judges discuss)

#teestasetalvad
SC: We issue notice. Returnable on Thursday. Serve state of Gujarat standing counsel. Then we will consider inter relief even when matter pending in High Court

#teestasetalvad
SC: Mr Sibal invited our attention to the FIR registered in Ahmedabad. It is submitted that the allegations in the FIR are pure recitation of proceedings which happened and culminated in proceedings of this court and beyond the same nothing is alleged
SC: Petitioner was taken in custody and has been in custody since then and bail was rejected. Challenge was made in HC and the matter was listed on Sept 19 and thus this appeal. Let notice be made returnable on August 25. Dasti in addition #teestasetalvad

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More from @barandbench

Bar & Bench Profile picture
Aug 23
Chief Justice of India NV Ramana felicitated by #SupremeCourt Employees’ Welfare Association. CJI Ramana recounting the #Covid lockdown period says "At one point, on a single day 500 employees of Supreme Court were COVID positive. It was a frightening situation." Image
CJI NV Ramana on the Registry of #SupremeCourt : "Risking your lives, you all have worked through the deadly pandemic. You have ensured that the Supreme Court continued to function without even a single day’s break. It shows your commitment to the institution." Image
Speaking about some administrative reforms, CJI NV Ramana says the Secretary General has been directed to have the staff alternate Saturdays as holidays in lieu of working full day on other Saturdays. #SupremeCourt
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Aug 23
The Delhi High Court will continue to hear today bail plea of former JNU student Umar Khalid.

He was arrested by Delhi Police in September 2020 for his alleged role in the Delhi riots and has remained in jail since.
#DelhiHighCourt #UmarKhalid #DelhiRiots #UAPA Image
Police have charged him with various sections of the IPC including criminal conspiracy as well as provisions of the UAPA.
#DelhiHighCourt #UmarKhalid #DelhiRiots #UAPA
His bail was denied by a lower court in March.
#DelhiHighCourt #UmarKhalid #DelhiRiots #UAPA
Read 26 tweets
Bar & Bench Profile picture
Aug 23
Important development

Supreme Court to hear the #MaharashtraPoliticalCrisis matter today at 12.30 pm. This is with regard to the dispute between the Uddhav Thackeray and Ekanth Shinde led factions of Shiv Sena

#SupremeCourt Image
SC: it is important to highlight on power of deputy speaker to initiate disqualification proceeding when such proceeding has been initiated against him. Here Nabam Rabia judgment needs gap filling.
SC: Thus a constitutional bench to look at the gap filling and a bench of 5 judges to look into this along with the issue of notice of removal of speaker.
Read 7 tweets
Bar & Bench Profile picture
Aug 23
#SupremeCourt hears the case seeking to prevent political parties from promising freebies to the electorate to gain political dividend at the cost of ignoring state budgets
#Freebies Image
CJI NV Ramana: We saw your written submissions Mr Kapil Sibal. You have gone back to original stand

Sibal: Yes Mahatma Gandhi once said wise men often corrects their stand. not that I am calling myself wise

CJI: This is an important issue definitely.
CJI: See tomorrow a particular states gives a scheme, and we are all beneficiaries of scheme, can it be said it it is prerogative of govt so you cannot look into this. A debate is needed.
Read 29 tweets
Bar & Bench Profile picture
Aug 23
#SupremeCourt hears a plea by Indian Medical Association which alleges that a smear campaign against the vaccination drive and modern medicines are being conducted in the country Image
IMA: the kind of disparaging statements made and the public is being misguided. We made representations and no answer. govt also knows about such misleading ads by Ayush companies etc #allopathy
IMA: They say that doctors were taking allopathy but still succumbing during the COVID wave. If this happens unbated then it will cause serious prejudice to us.
Read 5 tweets
Bar & Bench Profile picture
Aug 23
Can Benami Transactions (Prohibition) Amendment Act, 2016, be applied retrospectively? #SupremeCourt to rule today

CJI NV Ramana led bench to deliver judgment in a plea preferred by Centre against a Calcutta HC order holding that that 2016 amendment Act was prospective in nature Image
SC: It is a very lengthy judgment. Lot of efforts were put in this.

#BenamiTransactions
SC: Indian jurisprudence has matured and it is manifest that courts have read down any such provision which hampers the criminal justice system. We can only recommend that utility of independent forfeiture provision needs to be used cautiously

#BenamiTransactions
Read 5 tweets

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