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@barandbench

Dec 16

CJI: If we do not act in matters of personal liberty and grant relief then what are we doing here? What is SC doing and is it not a breach under Article 136. #SupremeCourt exists to hear to the cry of such petitioners. We burn the midnight oil for such cases and see there is more

The above comment comes in the backdrop of a case where a person seeks bail. This person Iqram has served 7 years already and has another 10 years to go in a case where he had stolen electricity. There was plea bargaining too in the case. #SupremeCourt

CJI DY Chandrachud asks Senior Lawyer Nagamuthu to be present in the court for this case

CJI: This is why I asked you to stay back. Just imagine. As a former Madras HC judge you know that no case is too big or no case is too small for the Supreme Court. #SupremeCourt

Read 27 tweets

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@barandbench

Dec 16

Supreme Court observes that a when a particular property is targeted in a PIL, the High Court is often aware why the party has approached the court

CJI: Idea is to target one project and HC often knows why is it happening. You dont target the principle
#SupremeCourt

PILs could become an instrument of BLACKMAIL when it is an issue of an infrastructure project. This actually makes a plank to target such projects. High Court has actually smelled the rat here. This is happening across in Delhi, Mumbai, etc. Target fungible FSI and not this: CJI

What happens in such redevelopment projects is that only another competitor is behind such petitions and they join with other builders. I have sat across many such cases before the Bombay court: CJI DY Chandrachud #supremecourt

Read 4 tweets

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@barandbench

Dec 16

[RTE Act] Delhi HC observes that there is a dismal state of affairs when it comes to rights of EWS children getting admission into private schools.
"It is high time that the judiciary exercises its powers under Article 226 of Constitution."
#DelhiHighCourt #EWS #RTEAct

Justice Chandra Dhari Singh quotes Mahatma Gandhi to hold that basic education should be free and compulsory in the country and it is a basic need for India.

Court says it is high time that the judiciary reaches the people because the poor people are not able to avail their fundamental rights.
It directs Delhi's Department of Education to ensure that RTE Act is implemented in letter and spirit and EWS get representation.

Read 7 tweets

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@barandbench

Dec 16

Inhabitants of Valmiki Basti move #SupremeCourt against the proposed demolition of their basti in Nainital

Adv: We have a history of 100 years and notice was on December 7. But the demolition is illegal

CJI DY Chandrachud: Keep the papers ready, we will take it up

CJI: You can go back to the HC. Uttarakhand HC is working during vacations.

Adv: we were not arrayed as parties. March 2020 we had filed our review. we are the sanitation workers. we are the unwanted, nobody wants us as tenants. cry of poor dalits.

CJI: Sorry go to HC

Adv: I will withdraw then..

CJI: Nov 22 order is passed and you come at last moment and you put pressure on judges to stay. stay from SC means in public interest you see

Read 4 tweets

Bar & Bench

@barandbench

Dec 16

#SupremeCourt to hear plea by an MBBS candidate with a 55% speech disability, who was denied admission on account of her disability being more than 40%.

Counsel submits that an elaborate committee of AIIMS doctors had come to the conclusion that if someone has over 40 percent disability then they might not be able to perform duties of a doctor

Adv: can refer this student to AIIMS who can be judged if fit for the MBBS course

Adv for petitioner: If i have a disability to not complete the course etc. ..

CJI: This is only a speech defect. you must look at the broader perspective of inclusion, have a broader framework, have someone from social justice ministry and also disability rights area

Read 5 tweets

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@barandbench

Dec 16

#SupremeCourt to hear appeal by accused in the Bhima Koregaon case Vernon Gonsalves against a Bombay High Court decision to deny default bail to him.

#bhimakoregaonviolence #bombayhighcourt #SupremeCourtOfIndia

Matter before Justices S Ravindra Bhat and JB Pardiwala.

Hearing starts.

#SupremeCourtOfIndia #bhimakoregaonviolence

ASG SV Raju: My counter is almost ready, can have it on reopening.

SC: We had asked earlier how much trial court will take.

Adv Rebecca John: It was said almost a year.

Read 4 tweets

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