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Jan 16 • 7 tweets • 4 min read
#SupremeCourt to hear plea by State of Jharkhand challenging summons issued by the Enforcement Directorate (ED) to its Police Officers in connection with the 2020 Toll Plaza scam case.

#Jharkhand #SupremeCourtOfIndia #ED #scam #summons
Matter before Justices Sanjiv Khanna and MM Sundresh.

Hearing to start shortly.

#SupremeCourt #Jharkhand
Sr Adv Kapil Sibal for Jharkhand: None are PMLA, scheduled offences. How can ED come into picture. See what is happening my lords.

SC to ED: This is required consideration. In a writ asking for CBI probe you are making ED party, when a detailed order js passed.

#SupremeCourt
SC: you did not file objections. Now 482 will lie. How will ED investigate?

#SupremeCourt
Order: Issue notice in SLP, returnable in March 2023. Dasti in 7 days. Order passed in last writ petition order to remain stayed.

#SupremeCourt
SC turns to Jharkhand's plea challenging summons.

SC: You move 226 (Before HC). We are not inclined to entertain. We will leave it to the petitioner. We have not made any comments on merits. Proceedings before trial court also stayed.

Sibal: I know the mind of the court in...
Sibal: these matters. I had advised against coming here directly.

#SupremeCourt

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More from @lawbarandbench

Bar & Bench - Live Threads Profile picture
Jan 17
Bombay High Court to begin hearing plea seeking fair probe in the death of businessman Cyrus Mistry.

#BombayHighCourt Image
Petitioner: permission on forensics expert opinion on the effect of drinking on drivers.

Court: this is criminal PIL. You go before Magistrate.

Petitioner: I am conceding.

Court: But we are not saying the Magistrate is to hear you also.

#cyrusmistry
Court: Whatever steps you have to take, you take, and go before the Magistrate.

Petitioner: As citizens, we have right to give information. She aas drunk, this happened in hangover.

Court: How do you know this?

Petitioner: This is from an information I got, plus newspapers
Read 22 tweets
Bar & Bench - Live Threads Profile picture
Jan 17
#SupremeCourt Constitution Bench led by Justice KM Joseph to hear plea regarding validity of an #arbitration agreement embedded in an unstamped contract.

#SupremeCourtOfIndia Image
Hearing to commence at 2pm.

#SupremeCourt #arbitration
Sr Adv Gourab Banerji: Union need not be a party to this.

SC: Very well.

Counsel speaks of an IA filed.

#SupremeCourt
Read 36 tweets
Bar & Bench - Live Threads Profile picture
Jan 17
A Constitution Bench of the #SupremeCourt led by Justice KM Joseph to shortly hear pleas regarding passive euthanasia and the right to die with dignity.

#euthanasia #SupremeCourtOfIndia Image
ASG KM Nataraj: With Mr Datar have had a series of meetings. We have come up some possible guidelines.

Sr Adv Datar: Where patient's life cannot ...

SC: Regarding passive euthanasia?

Datar: Yes.

SC: Where do you draw the court's view from?
Datar: It is difficult to always have board constituted and approach a division bench. Once lordships approve how videograph should be done. Persons can put in their will, that when time comes do not advance full treatment in some situations.

#SupremeCourt
Read 59 tweets
Bar & Bench - Live Threads Profile picture
Jan 17
#SupremeCourt to hear plea by Eparchy of Bathery of the Malankara Syrian Catholic Church challenging Kerala High Court ruling holding that properties of Syro Malabar Catholic Church are public trusts.

#SupremeCourtofIndia Image
Senior Advocate Sidharth Luthra argues: In a nutshell, there are three parts to this case.

I am the cardinal of the church. The church had certain land which was sold to pay off a loan and that has become a subject matter.

#SupremeCourt #SupremeCourtofIndia
Sr Adv Luthra: Respondent no 2 made an initial complaint, but did not succeed.

What is most important here is, there is a challenge at two levels: on merits & the low hanging fruit.

#SupremeCourt #SupremeCourtofIndia
Read 31 tweets
Bar & Bench - Live Threads Profile picture
Jan 16
#SupremeCourt hearing plea by Kerala Govt seeking relaxation of 1 eco zone near national parks and wildlife sanctuaries.
Advocate K Parameshwar: There are genuine grievances. They can give a list of where it can be less than 1km. Earlier it was 10km, now reduced.

Advocate VK Biju: Not just for 40 years, people living since generations. Now they say we are in buffer zone one fine morning.
Counsel: if modification allowed review will become infructuous.
Read 4 tweets
Bar & Bench - Live Threads Profile picture
Jan 16
#SupremeCourt to hear the bail applications of Vernon Gonsalves and Arun Ferreira, accused in the Bhima Koregaon violence case of 2018.
Matter before bench of Justices Aniruddha Bose and Sudhanshu Dhulia.

Hearing to start shortly.
Sr Adv Rebecca John: Am in custody since August 2018. On January 4 this year they said they will open case after discharge applications heard. My respectful submission is Anand Teltumbde order is squarely applicable. The documents may be different but same facts.
Read 9 tweets

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