"Before a student goes for higher studies in colleges, she should not grow with a specific identity, but under the umbrella of equality guaranteed under Article 14 transcending the group identity": Justice Hemant Gupta in #Hijab judgment #SupremeCourt
"A student cannot claim the right to wear a headscarf to a secular school as a matter of right": Justice Gupta #Hijab
Justice Gupta on foreign judgments cited: "....Judgments of other countries having different social structure and polity would not provide a reasonable basis to determine the question of religious practices in such a wide and varied country like ours" #Hijab#SupremeCourt
Justice Hemant Gupta while upholding the #HijabBan:
"Secularism is applicable to all citizens, therefore, permitting one religious community to wear their religious symbols would be antithesis to secularism" #SupremeCourt
[It will be all Justice Dhulia today :) thus here are some bits from Justice Gupta's judgment. Over to a larger bench now]
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A lawyer aggrieved for not being appointed a senior before the CJI led bench
Advocate: Sorry for raising my voice
CJI: It is okay you can
Adv: I can ? (Smiles) okay. Milord I lost my husband 26 years ago and did masters. Passed AoR. I have worked for farmers. i even rep Govt
Adv: I see whether litigant leaves court happily. This part of my personality has been ignored. I have covered women's related problems. I have covered real issues of public interest and even worked for abandoned wives
CJI: Can we say something ?
Adv: I want to complete. Else I will have a drop of thought. My honesty has not been tested may be this was because we appeared for 2 seconds before the judges. Then secret ballot which is under challenge.
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.
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
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