Debayan Roy Profile picture
Sep 30 8 tweets 2 min read
CJI UU Lalit explains a counsel that in a criminal case, a plea cannot be filed by an unaffected party

Tries to give examples of a few cases

Counsel: So what ?

CJI: So what ? Okay. (Smiles) ruffles through the files

[This is what restraint is. Read it again] #SupremeCourt
CJi: This plea filed under Article 32 states in an incident of January 6, 2022, modesty of a 15 year old girl was outraged which led to FIR by father of girl. Concerned accused was never arrested
CJI: A compromise allegedly executed between girls family and accused became basis for filing Petition under section 482 crpc to quash FIR. HC going by the compromise allowed the plea and quashed proceeding.
CJI: Order passed by HC there was opposition on part of public prosecutor and HC relied on Gyan Singh Anand decision where in 2012 SC held even in non compoundable offences court can quash FIR based on compromise
CJI: This petition submits that an offence which was otherwise punishable under IPC and POCSO and against society, non compoundable, was allowed to be quashed as a result of HC order
CJI: It was further submitted that State of Rajasthan guarding interest of people living in state has decided not to appeal against HC order. Thus Article 32 plea filed before us
CJI: Apart from the issues touching merits of matter on whether 482 power was correctly excercised, the plea raises questions on locus of petitioner to pray for reliefs. Since original accused is not a party. Let accused and father of girl be made party. Issue notice.
CJI: List on October 31, 2022. We request Sr Adv R Basant to assist court as amicus curiae in this case looking at the importance of the matter. He shall be assisted by an AoR of his choice

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More from @DebayonRoy

Mar 12, 2020
SC to begin hearing on UP Govt's appeal against Allahabad HC order asking state govt to remove all anti CAA name and shame posters in Lucknow. SG Tushar Mehta to argue for UP govt .. Sent Adv Colin Gonsalves and Vrinda Grover for petitioner @ThePrintIndia
Vacation bench of Justices UU Lalit and Anuliruddha Bose to hear the matter @ThePrintIndia
SC Bench begins hearing the matter. Allahabad HC had called the posters an unwarranted interference in privacy of individuals @ThePrintIndia
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Aug 5, 2019
A important thread on the analysis of today's J&K Presidential Order by @jsaideepak ..... "People can have grievances, but they are emotional grievances, this order is perfectly sound in law.." 1/n
@jsaideepak There is an impression that Article 370 has been repealed altogether. A careful reading of the order would help here. The order of the President invokes Article 370 (1) of the Constitution of India. It has invoked because it want to supersede and replace the previous..2/n
@jsaideepak ...constitutional order of the President of 1954. There were two important constitutional orders that came into being post 1951 nand 1950 which was replaced by the order of 1954. The 1954 order is important because among other things it carried on two important amendments...3/n
Read 25 tweets

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