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Bar & Bench Profile picture
@barandbench
May 26 • 7 tweets • 4 min read Twitter logo Read on Twitter
#SupremeCourt to hear All India Trinamool Congress national general secretary Abhishek Banerjee's plea against an order of Calcutta HC that imposed costs of ₹25 lakh on him and allowed ED and CBI probe against him in the school jobs for cash scam @AITCofficial @abhishekaitc Image
Justice Maheshwari: I have gone through the records. ACJ has changed the bench. they afforded an opportunity to hear the application and order was passed. HC says they cannot interfere in probe and how is this wrong..

Dr AM Singhvi: matter goes to a new judge saying de novo… twitter.com/i/web/status/1…
Justice Narasimha: apart from costs prima facie there is no problem with the order

Singhvi: 1. it is common ground that in SC orders the court directed a de novo hearing uninfluenced with what happened in HC before. 2. the man is giving a speech and he has nothing to do with the… twitter.com/i/web/status/1…
Singhvi: HC notes it becomes a closed chapter it is wrong.. So HC judge will only look at subsequent events and not prior? this is error number 2... then this is a liberty issue and this is an error completely on jurisdiction... then the point of res judicata is a patent error..… twitter.com/i/web/status/1…
Singhvi: the HC approach is wrong

Justice Narasimha: no Mr Singhvi we will not interfere..

Justice Maheshwari: we will only issue notice..

ASG SV Raju: order says ED can probe.. ED has the power of independent investigation and that power of investigation cannot be usurped.… twitter.com/i/web/status/1…
ASG: My independent right cannot be interfered with

Singhvi: this court is under the impression that ED power is unfettered.. they are probing under the court orders

SC: list on July 10. The part on imposition of costs stayed

#SupremeCourtOfIndia @AITCofficial
@abhishekaitc… twitter.com/i/web/status/1…
Sr Adv Kapil Sibal: these are staged and managed matters. These scams are being generated... state is also filing a SLP (appeal)

SC: That is okay it will come up on July 10, 2023

Justice Narasimha: after all these are not issues affecting common citizens (smiles)… twitter.com/i/web/status/1…

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More from @barandbench

Bar & Bench Profile picture
May 26
[Exchange of ₹2000 notes] RBI tells Delhi HC that this is a currency management excercise. The central bank reiterates that this is not demonetisation.
#DelhiHighCourt #RBI #2000Note Image
Senior Advocate Parag Tripathi made the submission as the Court was dealing with a PIL challenging the RBI notification.
The petitioner has said that RBI does not have the power to discontinue banknotes and such an order has to come from the Central government.
The Court has adjourned the case to Monday and asked the counsel to submit short notes of their submission.
Read 4 tweets
Bar & Bench Profile picture
May 26
#Breaking Delhi HC upholds Income Tax authorities’ decision transferring tax assessments of Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi and Aam Aadmi Party from faceless assessment to its Central circle.
#DelhiHighCourt @RahulGandhi @priyankagandhi #SoniaGandhi @AamAadmiParty Image
A Division Bench of Justices Manmohan and Dinesh Kumar Sharma has dismissed the petitions filed by Gandhis, AAP and five non-profits associated with the Gandhi family.
There is no fundamental or vested legal right to be assessed by the faceless assessment, the Court said.

It added that the assessment has been transferred in accordance with law and for better coordination.
Read 4 tweets
Bar & Bench Profile picture
May 26
#SupremeCourtofIndia to hear plea challenging the Telangana High Court order that had granted conditional bail to T Gangi Reddy in the YS Vivekananda Reddy murder case Image
Suneetha Nareddy, daughter of YS Vivekananda Reddy has moved a petition before the Supreme Court challenging the high court order granting conditional bail to accused T Gangi Reddy #SupremeCourtofIndia
CBI has informed the #SupremeCourtofIndia that Telangana HC order had pre-judged, pre-empted and encroached upon power/discretion of the Supreme Court under Article 142 of the Constitution of India Image
Read 6 tweets
Bar & Bench Profile picture
May 26
Vacation bench of #SupremeCourtofIndia to hear petition seeking directions to the Lok Sabha Secretariat to have the new parliament building inaugurated by the President of India, Droupadi Murmu @rashtrapatibhvn #ParliamentBuilding Image
Justice PS Narasimha: be grateful we are not imposing costs

Adv Jayasukin: Article 79 says president is the head of parliament. It is a policy matter I agree.. but this is about the president

Justice Narasimha: What is your locus? we know why you file such petitions. we are not… twitter.com/i/web/status/1…
Justice JK Maheshwari: how is Article 79 related to the inauguration?

Jayasukin: at the commencement of parliament session. president addresses the house.. how can the president be left out

SC: How is addressing the parliament and inauguration is related.. ? you are a lawyer… twitter.com/i/web/status/1…
Read 5 tweets
Bar & Bench Profile picture
May 26
#SupremeCourtofIndia vacation bench to hear bail petition of jailed AAP leader Satyendar Jain in a money laundering case by the Enforcement Directorate (ED)

Jain was admitted to an ICU at Lok Nayak Jai Prakash Narayan (LNJP) Hospital, on Thursday @dir_ed @SatyendarJain Image
Sr Adv Dr AM Singhvi: there are overwhelming grounds for a medical bail.. main bail can be considered later on...

Justice Maheshwari: only medical ground..

ASG SV Raju: we doubt lok nayak hospital and we feel medical records could be fudged.. let him be examined by AIIMS panel… twitter.com/i/web/status/1…
ASG: If the AIIMS report in his favour then I will concede.. he was a health minister.. these Delhi govt hospitals were under him..
Read 12 tweets
Bar & Bench Profile picture
May 26
Delhi court to hear today Congress leader Rahul Gandhi's plea seeking issuance of a fresh passport.

Gandhi had surrendered his diplomatic passport after disqualification as an MP.

#RouseAvenueCourt @RahulGandhi @Swamy39 Image
Gandhi was disqualified pursuant to a Gujarat court convicting him in a criminal defamation case for his "all thieves have Modi surname remark."
Rahul Gandhi's plea has been opposed by BJP leader Subramanian Swamy who said that there is no reason why the passport should be issued for ten years.

He has asked the Court to give NOC only for a year and review the same periodically.
Read 14 tweets

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