Bar & Bench Profile picture
Feb 3 12 tweets 10 min read
#SupremeCourt to hear petitions challenging the Union Govt's decision to block the controversial BBC documentary on Prime Minister Narendra Modi and 2002 Gujarat riots #BBCDocumentary @BBC
Advocate ML Sharma has challenged the ban as "malafide, arbitrary, and unconstitutional" #BBCDocumentary #SupremeCourt

barandbench.com/news/bbc-docum…
#SupremeCourt will also hear plea by Advocate Prashant Bhushan, Trinamool Congress Member of Parliament (MP) Mahua Moitra and journalist N Ram have challenging Central government orders to block the #BBCDocumentary @pbhushan1 @MahuaMoitra @nramind

barandbench.com/news/litigatio…
#SupremeCourt bench led by Justice Sanjiv Khanna to shortly hear the case #BBCDocumentary @BBC
Sr Adv CU Singh: this is a case where emergency powers invoked without putting orders in public domain.. tweets have been blocked

#BBCDocumentary
@BBC #SupremeCourt
SC: Why not the high court first?

Singh: all matters where intermediary rules of IT is under challenge, Centre has filed a transfer plea here

Justice Sanjiv Khanna: please switch off light in someones mobile ..it is coming in my eye

#BBCDocumentary
@BBC #SupremeCourt
SC: Is the blocking under the same IT intermediary rules?

Singh: Yes, these are the orders ..these rules have been struck down by Madras HC..

SC: Issue notice.. list in April 2023

#BBCDocumentary
@BBC #SupremeCourt
Singh: on basis of the secret order, universities etc are facing actions... we need a shorter date..

SC: There needs to be reply ..rejoinder. counter to be filed within 3 weeks from service of notice and 2 weeks thereafter for rejoinder

#BBCDocumentary
@BBC #SupremeCourt
SC: It is also a fact that people have been accessing those programs

Singh: we live in a nation where there are lakhs of officials.. students are being rusticated

SC: We are on the legal issue. we are giving shortest date

#BBCDocumentary
@BBC #SupremeCourt
SC: Can we allow the interim prayer without hearing them? We direct respondents to produce original records in next date of hearing

Singh: rule requires 48 hours..

SC: we have given shortest date. thank you. In April

#BBCDocumentary
@BBC #SupremeCourt
Adv ML Sharma: they have personal grievance... but my plea is for the Citizens of India

Justice Khanna: no no.. issue notice.. tag with the earlier petition...

Hearing ends

#BBCDocumentary
@BBC
#SupremeCourt

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More from @barandbench

Feb 3
Maharashtra Hate Speech case in #SupremeCourt

Justice KM Joseph: Centre has to do something so that this does not happen

SG: When secular state does this then freedom of speech petitions will flood the country
SG: If someone is prevented to voice their view then there will be prevention of Article 19(1)(a) ...barring law and order situation

SC: Did they get permission to hold meeting?

SG: they did not..

SC: Then how can they hold meeting..

SG: No they cannot
SG: The court has to be very careful in a pre-censorship order..

Justice JB Pardiwala: we may be reluctant to grant a relief that this procession is not held.. but it should be ensured that during this rally no rash statements are made and steps are taken and vigil is kept
Read 20 tweets
Feb 3
[Delay in clearing appointment of Judges]

#SupremeCourt to hear petitions concerning delay by Central Government in clearing names as High Court and SC judges after being cleared by #Collegium
Attorney-General of India R. Venkataramani had told the Supreme Court that the Union government will adhere to the timelines fixed by the court to process recommendations for judicial appointments #collegium #SupremeCourt
Read 19 tweets
Feb 2
[Filling up of Judicial vacancies in District Judiciary]

Sr Adv Vijay Hansaria: Ads are issued by state public service commission.. Tamil Nadu etc.. this issue needs to be looked into

#SupremeCourt
Hansaria: advertisements are to be approved by govt. When the HC sent it to govt. like Bihar and Tamil Nadu.. the files only move to and fro.. then some HC has a problem of evaluation and then finally is funding for infrastructure
Hansaria: 60 crore under central scheme has to be disbursed for Orissa. problem is after it is disbursed there is an issue of utilisation.. so a nodal agency has to take stock of it..
Read 11 tweets
Feb 2
#SupremeCourt is hearing plea by BJP leader Ashwini Upadhyay @AshwiniUpadhyay seeking to restrict people from contesting election for the same office from two constituencies simultaneously

Sr Adv Gopal S appears for Upadhyay
CJI DY Chandrachud: when you contest from two seats you are not sure you will be elected from both the seats...this is done for a variety of reasons.. what is wrong about it? this is political democracy.. #supremecourt
Justice PS Narasimha: what is unconstitutional about it?

CJI: Right to vote is a statutory right and not a constitutional right....

Gopal S: We argued this before constitution bench 2 months ago and order was reserved #supremecourt
Read 13 tweets
Feb 2
Supreme Court hears the case of 20 year old student seeking to terminate her 29 weeks old pregnancy

ASG Aishwarya Bhati informs court that the girl has agreed with medical advice and will give up the child for adoption

#SupremeCourt
SG Tushar Mehta: CARA has a process who decides which family can adopt. But there is a couple who is ready and willing to adopt the child and the child will get excellent upbringing. I am not disclosing their name #supremecourt
SG: The prospective parents have already registered with CARA.

Bench discusses #supremecourt
Read 10 tweets
Feb 1
#BREAKING: The Sessions Judge, Lucknow on Wednesday has ordered to release journalist Siddique Kappan on bail.

He was languishing in jail since December 21, 2021 after being charged under UAPA and later in PMLA case.

#siddiquekappan #PMLA #UAPA
Kappan, a reporter for Malayalam news portal Azhimukham, and secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ), was arrested along with three others in UP, while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit girl.
He was then booked under the UAPA and later under the PMLA.

In the UAPA case, he was denied bail by lower courts and the Allahabad High Court, before the top court granted him relief in August 2022.

#siddiquekappan
Read 4 tweets

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