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Oct 10 8 tweets 2 min read
#SupremeCourt hearing an application by Enforcement Directorate in Kerala Gold Smuggling Case, to transfer the petition outside the State

#Keralagoldsmugglingcase
SG Mehta puts forth that there is a reasonable apprehension that it would impede a free and fair inquiry.
And that there have been instances of riots in the State pertaining to the same case.
Court then asked if there is any further grievance even after the Magistrate’s order.
Hearing to resume at 2 pm.
SG Tushar Mehta refers to first FIR filed by local police that was quashed by High Court.
SG Mehta: Refers to a second FIR by an Advocate, a PIL kind of an FIR, which was also a subject matter of quashing.
Complaint filed by local Police. (to show it was concocted)
-Unconnected lawyer and Police officials
Senior Advocate Kapil Sibal intervenes to explain
SG Mehta objects to it and asks to either appear or don’t.
Kapil Sibal: It is for the Court to decide, not you.
SG Mehta further reads to draw to Court’s attention, A commision of inquiry is appointed by the State Government and terms of references to inquire into.
State is making effort after effort
Supreme Court lists the matter further for October, 20.
Court: Since the State of Kerala appeared, and going by the nature of relief claimed no need for notice to be issue to respondents.

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More from @LawBeatInd

Oct 11
If a Muslim man is not capable of fostering his first wife and children then as per the mandate of the Holy Quran, he cannot marry another woman: Allahabad High Court
#Quran #bigamy #allahabadhighcourt Image
Religious mandate of Sura 4 Ayat 3 is binding on all Muslim men which specifically mandates all Muslim men to deal justly with orphans and only then they can marry 2,3 or 4 women but if a Muslim man fears that he'll not be able to do so then he can marry only one: Allahabad HC
The court observed this while rejecting a Muslim man's plea seeking restoration of conjugal rights whose first wife had refused to live with him as he married another woman without informing her and later asked her to share his consortium with the other woman.
#AllahabadHighCourt
Read 4 tweets
Oct 11
#SupremeCourt hearing a plea on the issue of housing for the homeless. Image
Adv Prashant Bhushan submits it is a national livelihood mission which needs more attention now.
Court asks either we ask all States to answer the issues raised and thereafter we hear it again. Or we send it back to the various High Courts.

Advocate Bhushan expresses concerns and doubts. Says unless there is somebody like us to point out, we can’t be assured.
Read 4 tweets
Oct 11
Supreme Court to hear Enforcement Directorate's appeal against Bombay High Court's decision granting bail to former Maharashtra Minister Anil Deshmukh in PMLA case.
#SupremeCourtOfIndia Image
Court has been informed that SG Tushar Mehta appearing for ED is on his legs before another court.
Case gets passed over.
SG Tushar Mehta appears on behalf of ED.
Read 28 tweets
Oct 11
#DelhiHighCourt to hear plea filed by Khushi Rainbow Home for Girls & Umeed Aman Ghar for Boys, run by Centres for Equity Studies (CES) of which Activist& Writer Harsh Mander is director.
The plea has sought quashing of inspection report of @NCPCR_
In Oct 2020, the @NCPCR_ raided the children's home and allegedly sought to know whether the children participated in the anti-CAA protests, about foreign funding, and whether shelter was given to Rohingya children at the two places.
#Rohingya #children #shelterhome #CAA
As per @NCPCR_ report of 2021, it stated that there were many violations of Juvenile Justice Act and other various irregularities at the two homes. It also stated that there were instances of child sexual abuse at the home for boys.
Read 7 tweets
Oct 11
#SupremeCourt A Constitution Bench to decide practice of excommunication in #DawoodiBohra Community whether a protected practice. Image
SG Tushar Mehta submits that even if the lis between parties does not exist, some issues may still survive, which the constitutional court may decide upon.
He further refers to the Sabrimala judgment challenged before a 9 judge bench and asks the court to tag the present matter along with it.
Read 10 tweets
Oct 11
🚨#GyanvapiCase: Varanasi Court today to pronounce order on Hindu worshipers' plea seeking scientific investigation of 'Shivalinga' found in the Wazookhana- a spot for Namazis to perform ablutions before prayers.
#VaranasiCourt #Gyanvapi Image
The Hindu plaintiffs have argued that the 'Shivlinga' is part of the suit property and under Order 26 Rule 10A of CPC, the court can issue a commission for its scientific investigation (including carbon dating).
#VaranasiCourt #gyanvapi
On the other hand, the mosque management committee has alleged that the concerned Shivlinga-like structure is a fountain that is not currently in use.

District Judge Ajay Krishna Vishwesha is likely to pronounce orders at around 2 pm today.
#VaranasiCourt #Gyanvapi
Read 5 tweets

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