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May 2 17 tweets 6 min read Twitter logo Read on Twitter
#SupremeCourt hearing a batch of petitions related to the All India Football Federation (AIFF), including objections raised to certain aspects of its draft constitution

Sr Adv Gopal GS: There is chart on the constitution as it stood Image
The top court had earlier directed the termination of the mandate of a three-member committee of administrators appointed by it in May 2022 to manage the affairs of the AIFF #Supremecourt
Sr Adv Harish Salve: the suggested measures will lead to a situation when there can be no monetisation made out of the game at all

CJI: The amicus curiae says they have accepted your suggestion
Salve: the issue is that if you see the language.. like the BCCI model which the court accepted.. like discipline, rule and conduct of game is upto the association and commercial exploitation is given to a franchise and that model should be followed.
CJI: We think it will take more time..

Sr Adv Gopal S: there are 4 major objections: only is player inclusion in general body, league and how it should be run, then question of how sports code should apply to the state associations. then disqualification of public servants and… twitter.com/i/web/status/1…
CJI: There are 20 pages of objections and for the Supreme court to go into objections clause by clause... #AIFF
CJI: These are not issues of law and we must have a buffer here which will protect institutional integrity.. any decision which we take here will be like either we are running AIFF or taking away powers. a former judge of the court has to apply mind perhaps. also you cannot… twitter.com/i/web/status/1…
Salve: one is constitution of the AIFF and state associations and it is about issues of Article 19(1)(c).. once these constitutions are constituted... now whether they want to give franchise or not.. is something has to be based on just and equitable measures.
Salve: the problem has thus far been how these associations were formed and how people were reelected again and again. How associations are run should be left to them
CJI: Let us have a prima facie view by a seasoned former judge and it obviates a grievance that people have not been heard. we can appoint Justice L Nageswara Rao to hear this and we can just accept what he says. #SupremeCourtofIndia
CJI: There is one part of our mind which says let us finish this here and when he hear we see these are intractable issues and when we hear it we see very little law and more on sports policy and that is why courts face flak for these issues that are we equipped to deal with all… twitter.com/i/web/status/1…
CJI : These proceedings arose from a Delhi HC order where constitution of AIFF was set aside. a committee of administrators was appointed by this court to form the constitution and also have an executive committee. Constitution of COA was circulated to all stakeholders for… twitter.com/i/web/status/1…
CJI: A draft constitution has been submitted to this court and these court is now dealing with objections by diverse stakeholders like FIA, IOA, Ministry of youth and sports and Rahul Mehra who appears as petitioner in person. AIFF has also given comments and suggestions. FSDL- a… twitter.com/i/web/status/1…
CJI: the amicus curiae submitted that it was necessary to ensure that independence and autonomy of AIFF is preserved from outside influences and finally it has been urged that there is compliance with FIFA and Olympic charter
CJI: We are of the view that it will be appropriate to defer this exercise since these are not issues of law but matters of policy dealing with running sport of football in India. Bearing in mind the case of IOA handled by Justice L Nageswara Rao. Thus we entrust Justice Rao with… twitter.com/i/web/status/1…
CJI: The exercise of considering the draft constitution and preparing a comprehensive report be completed by July 15, 2023. In case there are procedural directions needed, he may do so by submitting a request which may be routed through the amicus curiae. Justice Rao can use the… twitter.com/i/web/status/1…
Date for completion of the report modified to July 31, 2023. #supremecourtofindia

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More from @barandbench

May 2
Gujarat High Court begins hearing the plea of Congress Rahul Gandhi seeking stay on his conviction and jail term imposed on him by a Surat Court for his "All thieves have Modi surname" remark.

@RahulGandhi

#RahulGandhi #GujaratHighCourt #DefamationCase #ModiSurname Image
Justice Hemant Prachchhak orders trial court to place before him the original "Record and Proceedings" of the case.
"I will conclude the hearings today or mostly day after tomorrow. Then, I will not be available here in India as I have to go out on May 4," Justice Prachchhak.… twitter.com/i/web/status/1…
Senior Advocate Nirupam Nanavati for complainant Purnesh Modi makes submissions.

Modi: The Court has to consider the seriousness of the offence and what is its impact on the victim and the society at large.
One who is convicted and ordered to suffer sentence of 2 years or… twitter.com/i/web/status/1…
Read 11 tweets
May 2
Kerala High Court is hearing a plea seeking a stay on the release of the film Kerala Story Image
Adv Kaleeswaram Raj is appearing for the petitioner

Raj : Kerala has an environment where people all communities live in harmony. ...This film is showing something that is against all that
Bench of Justices N Nagaresh and Mohammed Nias CP is hearing the matter

Justice Nagaresh: Is this not a piece of Art?

Raj : this needs to be tested on constitutional morality
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May 2
[Bilkis Bano case]

Supreme Court to shortly hear petition filed by Bilkis Bano challenging Gujarat govt decision to grant remission to 11 convicts who had gangraped her and murdered her family members during the 2002 Godhra riots.

#SupremeCourt #SupremeCourtofIndiatwitter.com/i/web/status/1… Image
Hearing begins.

Sr Adv Sidharth Luthra: If we are proceeding than only the main matter stands. Justice Rastogi has already decided on ...

Another counsel says writs I'm case not maintainable as per precedent

#SupremeCourtofIndia #SupremeCourt
SC: We will hear you. Let her make her case first.

#SupremeCourtofIndia #SupremeCourt #BilkisBanoCase
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May 2
Supreme Court rules that the endeavour on part of the court should be to see that if case presented by prosecution is ultimately on what the fair chance of acquittal stands while deciding if a convict has to be released pending decision on his appeal

Justice JB Pardiwala : if… twitter.com/i/web/status/1… Image
Justice Pardiwala: Now here what is to seen has to be palpable and something which is gross on the face of record that conviction is not maintainable and appellate court should not reappreciate evidence at this stage. #SupremeCourtofIndia
Justice Pardiwala: HC has done impermissible thing and gone into political rivalries, overwriting in the first FIR and all this has to be seen in the final hearing of appeals #SupremeCourtofIndia
Read 6 tweets
May 1
Suo Motu case regarding payment of pension to staff members of the Bombay HC- Goa Bench

Sr Adv Madhavi Divan for HC: out of 21, 17 have been paid and this is based on the CCS rules. The draft will take some time.

CJI DY Chandrachud: why is this taking so long? Image
Divan: the HC has sanctioned it and sent to the Goa government

CJI :One peon committed suicide because he was not paid pension for years and years. You have one HC for Maharashtra and identical work in Goa cannot get a different treatment from the one in Mumbai
CJI: You tell us before the vacations and close the rules by this. we will keep it this side of the vacation which will keep the pressure on.
Read 5 tweets
May 1
#SupremeCourtOfIndia hears a batch of petitions challenging the constitutional validity of Section 124A of the Indian Penal Code #Sedition

CJI DY Chandrachud: what is the stand of the Central government and progress of the committee?

Adv Kanu Agrawal: we need to see if a change… twitter.com/i/web/status/1… Image
Sr Adv Arvind Datar: it has to be seen whether this matter needs to be before 7 judges since a 5 judge bench judgment poses to be a hurdle (Kedarnath judgment)

CJI: Thus a decision cannot be taken which is at a variance with the constitution bench judgment
CJI: Let us keep this case at 2 pm. Please keep the judgment of Kedarnath ready, Let us see this and hear SG Mehta and take a call. #Sedition

Adv: The problem with keeping the section in abeyance is also that all cases under section 124A remains..

Matter to be heard at 2 pm
Read 8 tweets

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