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May 11

#SupremeCourt hears the suo motu case taken up over illegal sand mining in the National Chambal Sanctuary and the threat to endangered aquatic wildlife, including gharials.

Bench: Justice Vikram Nath and Justice Sandeep Mehta.

Last month, the Court passed various stringent directions for immediate compliance to curb illegal mining.

livelaw.in/top-stories/su…

Counsel: There is a very sorry state of affairs. 16 vulnerable routes were identified and there are no CCTV installations in the entirety of these routes. The last mining management plan expired in 2020 for Rajasthan. 50% of posts in the Forest department are vacant or they are managing through home guards.

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May 11

#SupremeCourt dismisses a writ petition seeking a Special Investigating Team or a Court-monitored committee to investigate cross border smuggling of Areca nuts and trace the tax evasion trail under GST and Customs.

Bench: Justice Vikram Nath and Justice Sandeep Mehta.

Petitioner's counsel: nuts are being imported into the country from Indonesia and from all over the world. There is clear cut smuggling. Especially in North East.

J Nath: what can we do? Approach the agencies who are working on this. There are so many of them.

J Nath: there are a number of prosecutions. The agencies are doing the work.

Counsel: there are no arrests except in cases where they are caught red handed.

J Nath: you are a resident of Basti. How do you know what is happening in the north east and at the border?

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May 11

#SupremeCourt hears the case where it earlier raised concern over High Courts delaying decision in bail matters and called for details of pending matters across the High Courts

Bench: CJI Surya Kant and Justice Joymalya Bagchi

Order: Most HCs have furnished data. Though info. was readily available, but we do not deem necessary to incorporate in order, as most HCs have taken initiatives for timely disposal. Allahabad HC, where pendency is too large, and despite the fact that most Hon'ble judges are dealing with hundreds of cases in a day, problem continues.

Order: We leave it to CJ of HC and Admn Committee to develop mechanism so that there is a definite date appearing in all bail applications...by judicial resource aggregation...in cause list also, listing of bail matters is to be prioritized

Similar mechanism needs to be evolved by Patna HC, where unfortunately bail matters are sometimes adjourned for months. Pendency of over 63000 bail applications in MP HC about a year back is also an alarming situation. Though we are hopeful that meanwhile a substantial part might have been disposed of. This order should not be taken as an aspersion on functioning of any high court.

Order: Some suggestions put forth before us -

- Listing of bail matters on weekly/fortnightly basis. There can be automatic software-based system

- Mandatory filing of status report before first hearing. Petitioner's counsel to serve copy of petition in advance in office of Adv General or designate agency of Union/State and proof of such service should be made mandatory for filing bail application

- HCs depending on pendency and resources evolve mechanism of listing bail applns on alternative data or atleast within a week with mandatory condition that Union/State shall be represented

- Automatic re-listing of bail applns. not taken up

- HCs shall also resolve to fix outer timeline for disposal of bail applns

- HCs also need to evolve practice of discouraging Union/State counsels from seeking casual/avoidable adjournments, reminding them the Court's solemn duty towards fundamental rights.

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May 11

#SupremeCourt to hear today two writ petitions registered suo motu over the recent incident involving an #AndhraPradesh High Court judge who ordered 24-hour police custody for a young advocate mid-hearing

Bench: CJI Surya Kant and Justice Joymalya Bagchi

The cases were registered on representation/resolution of the Bar Council of India and Supreme Court Bar Association.

Hearing begins

CJI: I got a report from the Chief Justice...that oral observation was not made part of judicial order

Sr Adv Vikas Singh (for SCBA): There should be some in-house...younger members of Bar should not be discouraged

CJI: We are also sensitizing judiciary at every level how to encourage younger members.

#SupremeCourt #SCBA #BCI #AndhraPradesh

Order: A video recording was widely circulated on social media. The incident pertains to an exchange between ld. judge of Andhra Pradesh HC and a young member of the Bar, during which ld. judge allegedly expressed displeasure at lack of diligence in conduct of proceedings. Ld. judge thereafter is said to have dictated an order that young counsel be taken into judicial custody for 24 hrs.

#SupremeCourt #SCBA #BCI #AndhraPradesh

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May 11

#SupremeCourt to hear today the #WestBengalSIR matter and the suo motu case taken up over judicial officers' gherao in the State

Bench: CJI Surya Kant and J Joymalya Bagchi

Elections in West Bengal concluded on April 29 and results were declared on May 4.

Hearing in #WestBengal judges' gherao matter begins

CJI: Security issue - what's the position?

ASG SV Raju: Will file latest status report on next date

CJI: If investigation is complete, you file chargesheet

Order: Mr Raju states that time be granted to file 1st status report. We are however of the view that investigation agency complete investigation expeditiously and preferably in 2 months. Law to take its own course. Admn and [...] directed to continue to provide protection to judicial officers. If authorities find there is no threat perception, apt. action may be taken.

#SupremeCourt #JudgesGherao

Main matter hearing begins

Sr Adv Kalyan Banerjee: I will show 31 seats...margin is less than that...

J Bagchi: Whatever you want to say about results...which may have materially affected...that requires an independent IA

CJI: meanwhile, we will get some information from...

Banerjee: 862 votes, my candidate has lost...5000 plus votes under adjudication

CJI: We can only improve further adjudication of appeals

Banerjee: Difference is 32 lakhs total...loss of margin 32 lakhs...and 35 appeals pending...ex-CJ has resigned

CJI: So what can we do? We can't compel

Sr Adv Menaka Guruswamy: There's a sense that it will now take over 4 yrs.

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May 8

Delhi High Court to hear today CBI’s plea against discharge of all accused in excise policy case.

Arvind Kejriwal, Manish Sisodia and Durgesh Pathak have chosen to boycott proceedings before Justice Swarana Kanta Sharma.

Justice Swarana Kanta Sharma will hear the matter at 2:30 PM.

In the last hearing, the Court said that it will appoint today three senior lawyers as amici to represent the AAP leaders.

Justice Swarana Kanta Sharma has presided.

SGI Tushar Mehta is appearing for CBI through VC.

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