Bar & Bench Profile picture
Dec 13 8 tweets 3 min read
#SupremeCourt Constitution Bench to hear issues arising out of a batch of petitions related to the Maharashtra political crisis.

The petitions relate to the formation of the Eknath Shinde-led BJP govt in Maharashtra, disqualification of rebel MLAs, and right over party symbol.
Sr Adv Kapil Sibal: too many issues floating around and we could not arrive at common issues. ,

Sr Adv NK Kaul: the meeting was before the hearing and we could not resolve it

#MaharashtraPoliticalCrisis
CJI: these are matters of intellectual moment and Mr Sibal you being most senior the fault lies at your door

Sibal: yes absolutely

#MaharashtraPoliticalCrisis
Sibal: first is issue of Nabam Rabia on election of speaker and it may have to be referred to 7 judges since it would challenge the judgment itself

CJI: You can make submissions on that, and we will hear you
Sibal: can there be a separate hearing on Rabia

CJI: When we begin, we can start with this issue/.

Sibal: yes otherwise it would be a waste of time if it has to be referred to the 7 judges

SG: There needs to be holistic picture before you
CJI: Justice Narasimha says if you can share a short 3 page note on the reference of Nebam Rabia judgment and the opposite side can also submit a note on why it should not

SG Mehta: I appear for the Maharashtra governor and i would also like to submit a note
CJI: Mr Sibal submits that he would press for a reference of the Nebam Rabia judgment. He would circulate a brief note of submissions outlining his issue and it should be circulated atleast two weeks before hearing. Maharashtra governor and respondents shall also file note
CJI: The nodal counsels would submit the note in electronic form to the court atleast two weeks before the hearing. Registry will send the scanned copies to all nodal counsels and then you all must have the same ones.

Sibal: yes we are trying to be paperless. #supremecourt

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More from @barandbench

Dec 14
The Supreme Court will hear today a plea relating to protests by lawyers in Odisha demanding a permanent High Court bench at Sambalpur district.

#SupremeCourt #SupremeCourtofIndia Image
Earlier this week, the Bar Council suspended licences of 29 lawyers for 18 months for use of un-parliamentary words to address judges, pushing and pulling the police officials and obstructing the court proceedings.

barandbench.com/news/bar-counc…

#SupremeCourt #SupremeCourtofIndia
BCI informs court of orders that have been passed and lawyers who have been arrested and suspended.

#SupremeCourt #SupremeCourtofIndia
Read 15 tweets
Dec 13
Supreme Court is hearing a plea by 34 Army women officers' plea, seeking promotions to higher ranks

Col Balasubhramanium: Roughly 246 officers under consideration and board is on January 9. No male officers have been posted and I dont know why such a statement was made Image
Col: results will be declassified after that. Immediate concern of board not taking place has been met and it will be held.

CJI: Special Selection board for women officers will convene commencing from January 9 when 246 women officers will be assessed
CJI: Col submits that results will be de-classfied soon after this.

Sr Adv V Mohana: the courses are mandatory for the placement and the statement that male officers are only undergoing courses is not correct. it means promotion has been done. Please stop this
Read 5 tweets
Dec 13
[Vismaya Dowry Death]

Kerala High Court will soon deliver its verdict on an application moved by convicted husband Kiran Kumar to suspend the 10 year sentence imposed on him by a trial court in the sensational dowry death case of his wife, Vismaya.
barandbench.com/news/vismaya-d…
The verdict will be delivered by a bench of Justices Alexander Thomas and Sophy Thomas
Vismaya, a 24 year old Ayurveda medical student, was found hanging from the window of a bathroom in Kumar's house on June 21, 2021.

In May 2022, a trial court convicted Kumar u/s. 498A, 304B, 306 of IPC and u/s. 3, 4 Dowry Prohibition Act.

Read more:
barandbench.com/news/vismaya-d…
Read 4 tweets
Dec 13
#SupremeCourt Constitution Bench led by CJI Chandrachud to hear matter regarding Sections 3(1)(a) and 6A of the Citizenship Act.

#citizenship #nrc
Sr Asv Kapil Sibal: We will sit with the Attorney General and iron out the issues,. Please put it up after the vacation and let you know which matter falls in which groups

Sr Adv Dushyant Dave: validity of Section 6A may have to be decided first

#citizenship #nrc
Dave: And another one in which the consensus is Section 3
Read 10 tweets
Dec 12
"Experts have formed the Agnipath scheme and we are not the experts," the Delhi HC remarks while hearing arguments in a batch of petitions challenging the Agnipath scheme for entry into the defence forces.
#DelhiHighCourt #Agnipath #Agniveer
In response to petitioner's arguments highlighting various entry schemes around the world, a bench of CJ Satish Chandra Sharma and J Subramonium Prasad remarked that the court is not here to say which scheme is better or comment on military strategy.
The petitioners argued that the scheme is detrimental to national security and the Agniveers joining the defence forces will lack the bonding that is necessary in an unit.
#DelhiHighCourt #Agnipath #Agniveer
Read 6 tweets
Dec 12
The Supreme Court clarifies that the main case relating to the Tribunal Reforms Act will be taken up in February, 2023

The case deals with the validity of the Tribunal reforms act after the court had struck down a similar act

#TribunalVacancies #SupremeCourt
CJI DY Chandrachud: When we take up the matter, we will dispose it off in a day or two.
#SupremeCourt
Sr Adv Arvind Datar: if it is struck down then all these 3 year appointments has to go and it has to be five years. It has to be seen if the validity will be heard first. Today selection by Justice Khanwilkar led committee is over. But none appointed. Now new committee
Read 4 tweets

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