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Dec 5 6 tweets 3 min read
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
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

#GauhatiHighCourt
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.

#GauhatiHighCourt
In District Prisons, 240 under trial prisoners got bail but weren't released as they failed to fulfill bail conditions etc. Of these 137 have been now released while 107 continue to be in jail.

#GauhatiHighCourt
Bench has sought report from the State Legal Services Authority as to what it has done in this regard. Also, details have been sought from States of Assam, Arunachal Pradesh, Nagaland and even Mizoram.

#GauhatiHighCourt
The bench is further informed of a region in Assam, where there are no prisons or courts and the inmates there have to be taken to courts in other district via boats.

CJ Chhaya: We are aware of it. Things can't change overnight.

Matter adjourned till Monday

#GauhatiHighCourt

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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
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
Delhi High Court orders LNJP Hospital to examine 33-week pregnant woman seeking abortion by 1 PM today

report by @NarsiBenwal

barandbench.com/news/delhi-hig…
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 31 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
Dec 5
#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:

barandbench.com/news/litigatio…
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.

#SupremeCourt
Read 14 tweets

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