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Dec 5 14 tweets 7 min read
#SupremeCourt to hear PIL by BJP leader and advocate @AshwiniUpadhyay against forced religious conversions.

#religion #conversion #SupremeCourtOfIndia
Read what the Central government stated in its affidavit in the matter, here:…
Hearing starts.

Justice Shah: Mr Datar is for whom?

Datar: Mr Upadhyay.

SC: Your entry is a surprise.

Sr Adv Sanjay Hedge: Represented by multiple counsel in similar pleas.

SG Tushar Mehta: We have collected data. State of Gujarat has filed a response, there by mistake the HC stayed parts of a stringent law. I say this with responsibility.

SC: Mr Hedge said people are being offered ...

#SupremeCourt #religion #conversions
Hedge: I said some may be converting because they believe the deity will offer them something.

SG: Statutory regime will determine whether person is converting due to some food or change in belief.

Hedge: There is a Constitution Bench judgment.

#SupremeCourt #religion
Hedge: Please give me time.

SC: Are you saying we do not give? This is a very serious issue. We will give you the fullest opportunity.

SG cites Rev Stanislaus vs Madhya Pradesh judgment.

SC to @AshwiniUpadhyay: Like a God, you have faith in Datar now.

[Hedge says something in Gujarati]

SG: There was heroine in Hollywood who had a bad reputation, for her someone said she can speak 9 languages but not say no in any of them.

#SupremeCourt #CourtroomExchange
Datar: Those States who want to should respond, but directions ...

SC: That is why we did not issue notice since we did not want to delay the matter. Otherwise some State will ask for time.

SG: Kindly have it next Monday.

Adv: I am also on maintainability.

Justice Shah: Do not be so technical. We are not here to see who is right or wrongs but to set things right. If someone is offering charity to convert then ... Need to consider intention.

SC: Do not take it as adversarial. Very serious issue. Ultimately it is against the basic ... of our Constitution. When everyone is in India, they have act per the culture of India.

Counsel for a priest and rationalist organisations seek impleadment: Multiple pleas by Upadhyay have been withdrawn after arguments. This plea is based on hyperbole.

SC: We are at final disposal stage. We will not hear on maintainability.

Adv: Very well. No material at all.
Justice Shah: You want material, please take this (hands over copy of plea/affidavits).

Order: At the request of Ld SG Tushar Mehta and so as to enable Union govt to file detailed counter after getting information from respective States on anti conversion laws, put up next Monday.

Hedge: Tuesday? all of us and my lords will have 80 odd matters.

Justice Shah: It is okay. That day we will not keep 80. You are all there for us.


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More from @barandbench

Dec 5
A PIL petitioner in #SupremeCourt:

Adv: How was my item called out and gone?

CJI DY Chandrachud: but the CJI has taken oath and retired. The cause of action has lapsed

Adv: the petition is not over just because CJI Gogoi retired Image
Adv: How will a lawyer from Pune come with three days notice. That too a 71 year old man. How will I make train reservations. Justice Madan Lokur delayed my listing by 8 months. Then CJI Bobde led bench also did not hear #SupremeCourt
CJI: forget about the past. Tell us on merits

Adv: I want Justice Gogoi to pass orders in my labour matter

CJI: there is a judicial decision. How can article 32 plea be filed ?

Adv: dismissal of my plea was by fraud
Read 8 tweets
Dec 5
Gauhati High Court asks Assam Government to ensure a Gynaecologist visits at least twice a month at all the prisons with women prisoners.

"They might feel shy to speak out about their illness. It's a very personal issue, so a Gynaecologist must visit," HC

#GauhatiHighCourt Image
Bench led by Chief Justice RM Chhaya expresses displeasure over the visits of doctors in prisons only once a month.

"This is like a visit of a judge, which is once a month. You need to increase these visits," CJ Chhaya

Bench is informed that in Assam's Central Prisons, over 187 under trial prisoners are ones, who have got bail but couldn't fulfill bail conditions.
Of these, 134 have been released and 53 continue to languish in jail despite bail.

Read 6 tweets
Dec 5
Delhi High Court orders LNJP Hospital to examine 33-week pregnant woman seeking abortion by 1 PM today

report by @NarsiBenwal…
Update: Counsel for LNJP hospital appears before the court and informs that considering the advanced stage of pregnancy, the request for medical termination of pregnancy (MTP) has been rejected by medical board.
#DelhiHighCourt #MTP #pregnancy
Justice Prathiba M Singh is considering the one-page report presented to the court.
#DelhiHighCourt #MTP #pregnancy
Read 24 tweets
Dec 5
#SupremeCourt hears plea seeking directions to State governments for regulation of Transplantation of Human Organs and Tissues Act, 1994 and bringing uniformity in Rules regarding residency and jurisdiction of authorization committee across states with the Central rules
CJI: How can we direct states to implement uniform rules and look at domicile etc

Adv: states are misinterpreting central rules to bring their own rules

Justice PS Narasimha: Health ministry can tell us about inter state organ transplant
CJI: This plea concerns the 1994 act with the objective of regulating the removal of human organs. the transplation rules were notified in feb 1994 which was later modified by the 2014 act. grievace is patient have to submit a domicile certificate if they wish to register.
Read 4 tweets
Dec 5
[Delhi Govt vs LG matter concerning control over services]

SG Tushar Mehta: There are no facts to be controverted but I have filed an IA stating that this matter may have to be referred to be a larger bench

CJI DY Chandrachud: This can be argued when the matter is taken up
Sr Adv AM Singhvi: This IA has been filed after this court had ruled that this matter is not case for reference

CJI: Justice Krishna Murari is not well and thus a date has to be fixed

Singhvi: The IA is in the garb of a review. This cannot be allowed
CJI: What action has to be taken on IA can be decided when the constitution bench hears it. When it assembles it will see it

Singhvi: This will only create delay and such tactics cannot be allowed

CJI: even without IA it can be argued.
Read 5 tweets
Dec 5
Delhi court discharge order of #UmarKhalid and #KhalidSaifi in #Delhiriots case: As far as accused Saifi and Khalid are concerned, I find that allegations made against them relate to Umbrella Conspiracy, rather the conspiracy peculiar to incident investigated in this case.
Order: I have already discussed scope of 2 different conspiracies. Since, Umbrella Conspiracy—larger conspiracy to incite riots in Delhi—is already subject matter of consideration in FIR 59/2020 (UAPA).., these 2 accused are entitled for discharge. #UmarKhalid #KhalidSaifi
Order: There is concept of an Umbrella Conspiracy being the larger conspiracy and several smaller conspiracies hatched under the larger conspiracy. The objective of Umbrella Conspiracy may be wider than the objective of smaller conspiracy. #UmarKhalid #KhalidSaifi
Read 6 tweets

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