CJI DY Chandrachud: Please don't raise your voice. This is not the way to behave as the President of SCBA. You're asking for a land allotted to the SC to be given to the bar. I have made my decision. It will be taken on 17th and it will not be first on board.
Singh: Just because the bar doesn't do anything doesn't mean it should be taken for granted. I feel strongly for this. 20 years lawyers have been waiting to be allotted chambers.
CJI DY Chandrachud: Mr Singh, I am the Chief Justice of India. I have been on the bench for long. I have never let myself be brow beaten by bar members and I will not let it happen in the final 2 years of my life.
Day 15 : #SupremeCourt to continue hearing Sabarimala reference, where larger issues concerning restriction of entry of women to Dargah, practice of FGM and ex-communication in the Dawoodi Bohra, and ex-communication of Parsi women after marrying a non-Parsi man have been raised.
Respondents will probably conclude their arguments today.
Advocate 1: my central point is to address the issue of social justice within religious communities. we are assuming part III standing alone and Article 26 on the other side. in 20th century there was a battle of religion, and I stand here on behalf of organisation Narayana Guru.
can space be given in the architecture to these forces so that they are complementary and supplement.
CJI: to my mind, that right is there
Advocate: i will show that attempts have been made to silence these voices.
Sr Advocate Rakesh Khanna: August 1947, Dr Ambedkar submitted a proposal to the sub committee on fundamental rights a document containing the right to religion.
#SupremeCourt to hear today #TVK @TVKVijayHQ MLA Sreenivasa Sethupathi’s petition challenging the Madras HC order stopping him from voting in TN Assembly floor test.
HC passed the order in a petition filed by #DMK candidate Periakaruppan who lost by 1 vote. The DMK rival claimed a postal vote in his favour was wrongly sent to another constituency.
Bench led by Justice Vikram Nath to hear the matter.
Senior Advocate Abhishek Manu Singhvi for petitioner: The order is blatantly in disregard to...
J Nath: Let's hear mr. Rohatgi.
Singhvi: He will say floor test has started. If any order deserves strictures it is this.
Senior Advocate Mukul Rohatgi: I lost by one vote.
Bench: So you go with writ petition?
J Mehta: you want a reason order on the stay also? This is atrocious to say the least. HC says that the remedy is election petition still entertains Article 226 petition
#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.
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.
#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?
#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.
#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.