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Bar and Bench Profile picture
@barandbench
Aug 4 • 11 tweets • 2 min read • Read on X
Supreme Court resumes hearing a petition filed by Abhinav Delkar, son of the late parliamentarian, challenging the Bombay High Court’s decision to quash the FIR against nine persons, including Praful Patel, Administrator of the Union Territories of Dadra and Nagar Haveli, Daman and Diu and Lakshadweep #SupremeCourtImage
The top court had earlier expressed serious reservations over whether the material placed on record in the Mohan Delkar suicide case could sustain charges of abetment of suicide under Section 306 of the Indian Penal Code (IPC).
CJI: the person had time to think over everything and write 30 pages. So can we say that it was at the spur of the moment?
Sr Adv Menaka Guruswamy: he is distressed because he thought his public image is destroyed. See his statements to his wife and children in the letter. Family name was so important for him.
CJI: Every person will react differently. Person who is hard hearted may not and who is sensitive may committ suicide..
Arora: Please see how the extortion angle quashed at all

CJI: but see the person was not named.
CJI: a complaint could also have been made before the judicial magistrate. Dadra Nagar haveli has judges from Maharashtra only

SG Tushar Mehta: I appear for the state. The law is very clear on this.. one of the last judgments is by Justice Gavai (as he then was)

CJI: I have delivered 30-40 judgments on such issues while at Bombay HC
Sr Adv Mahesh Jethmalani: there is a lot to be said but cannot in these proceedings.

SG: People may change but law does not change.. i am only law. Quashing is correct in facts of this case
Jethmalani: There is no single statement on record for extorting 24 crores. Not even in the suicide note.
Another counsel: he is a 7 times MP.. some statements here and there cannot compel him to commit suicide.
Sr Adv Arora: I am told that we have not taken any ground for extortion. Please see these paras.

CJI Gavai: Was it before HC?

Arora: I have to check..

CJI: file written submissions by Friday.

SC: reserved for orders..

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More from @barandbench

Bar and Bench Profile picture
Aug 6
Bombay High Court is hearing the plea of HDFC Bank MD and CEO Sashidhar Jagdishan seeking quashing of FIR filed by Lilavati Trust.

The FIR filed with the Bandra police pursuant to a magisterial order accuses Jagdishan of accepting It accuses him of accepting a ₹2.05 crore bribe from the erstwhile trustees.Image
A bench of Justice MS Karnik and NR Borkar is hearing the case.

Senior Advocate Aabad Ponda is arguing for the trust.

He says that there is no precedural flaw in the order passed by the magistrate and cannot be struck down at the stage.
Sr. Adv Ponda : On the arguments that similar allegations were made in an earlier FIR:

He says that successive FIRs are not allowed only when the earlier FIR has resulted in a trial which eventually led to a conviction or acquittal.
Read 5 tweets
Bar and Bench Profile picture
Aug 6
Supreme Court hears a case challenging a Madras High Court order which directed that the Chief Minister’s name cannot be used for any schemes.

Bench: CJI BR Gavai, Justices K Vinod Chandran, and NV Anjaria Image
Sr. Adv. Mukul Rohatgi: I am a political party. The scheme is ‘Stalin is with you’. He says 9000 camps will be set up all over the state to which people can come and claim benefits under ongoing schemes.
CJI: which party do you belong to

Counsel: AIADMK.

CJI: so during AIADMK how many schemes like this were there (in the name of the CM)
Read 29 tweets
Bar and Bench Profile picture
Aug 5
Bombay High Court to shortly hear HDFC Bank MD and CEO Sashidhar Jagdishan's plea seeking quashing of FIR filed by Lilavati Trust.

The FIR filed with the Bandra police pursuant to a magisterial order accuses Jagdishan of accepting It accuses him of accepting a ₹2.05 crore bribe from the erstwhile trustees.

#HDFCBank #SashidharJagdishan #LilavatitrustImage
A bench of Justices MS Karnik and NR Borkar is hearing the plea.

In the last hearing, Senior Advocate Amit Desai appearing for Jagdishan argued that the FIR was lodged with malice only to scuttle the recovery proceedings initiated by the bank against business belonging to a late trustee.

Further, he argued that the complainant trust should have followed the appropriate steps and should have filed complaint initially with the local police and then with the superior officer if he failed to take cognisance before approaching the magistrate under Section 175(3) BNSS.

He further argued that the complinant was filed by the power of attorney holder of a present trustee Prashant Mehta. The POA holder was appointed long before Mehta even became part of the trust.

He further alleged Mehta of using the trust for his perosonal objectives.
Senior Advocate Aabad Ponda arguing for the trust.

He submits that any irregularity in procedure (Here, the affidavit submitted with the complaint) doesn't mean there is failure of Justice.

He reads out precedents that affirms his stance.

Court: just crystalise your submissions.
Read 5 tweets
Bar and Bench Profile picture
Aug 5
Supreme Court hears a suo motu case involving the death of a 31-year-old resident doctor at the state-run RG Kar Medical College and Hospital in Kolkata, West Bengal.

Bench: Justice MM Sundresh and NK Singh Image
The case, involving a junior doctor's death at a college seminar hall, has triggered nationwide protests, prompting the Supreme Court to take suo motu cognisance to examine workplace safety for medical professionals and issues in the RG Kar probe.
Justice MM Sundresh: Who is appearing for Union?

Counsel: I appear for Union. As far as intervenor application are concerned, the Registry was sent on email Id...whatever was received on that email I'd, NTF has considered that.....to this effect Union has also filed an affidavit in May 2025.
Read 8 tweets
Bar and Bench Profile picture
Aug 5
Supreme Court hears bail plea by Suryakant Tiwari who is implicated in a case involving an alleged extortion racket related to coal transportation in Chhattisgarh. The accusations involve extorting money from coal transporters, reportedly in connivance with senior bureaucrats, including Saumya Chaurasia, a former Deputy Secretary in the office of the Chief Minister of Chhattisgarh.

Bench: Justices Surya Kant and Joymalya BagchiImage
Sr. Adv. Mukul Rohatgi: the IAS officers who were the main persons behind this have been granted bail. Why should this man be kept in jail.
Sr. Adv. Mahesh Jethmalani: this man is involved in a series of scams. The last one was coal levy. They took 25 rupees per ton on coal transportation.

Court: he has been granted interim bail in the coal scam. Are you seeking cancellation only on the ground that he might threaten the witnesses?
Read 16 tweets
Bar and Bench Profile picture
Aug 5
Supreme Court is hearing petitions challenging a Telangana High Court ruling that relaxed domicile rules for medical college admissions in the state

Bench led by CJI takes up the matter

Senior Advocate Abhishek Manu Singhvi represents the State of Telangana.

CJI: Let’s take a student born and raised in Telangana, but moves away briefly for just Class 10 and 11 perhaps to Kota for coaching. What about them?

Singhvi: The Telugu-speaking global community is enormous among the top 3 outside India. Those individuals would enter through the NRI route. But once a domicile rule is recognised, a threshold is inevitable. We’ve drawn that at four years

#SupremeCourtofIndiaImage
Singhvi: Your Lordships are aware of the Nakara principle any line drawn will have elements of arbitrariness.

CJI: Suppose a Telangana-based IAS officer is posted in Delhi and his child studies there for 2 years. What then?... But in your rule, even if a child leaves Telangana for just 2 years, they are excluded..what about those students who were not aware about anything... Chose to go to other states and they are neither here nor there.

CJI: Take a Telangana-origin judge transferred to Bihar his son would be disqualified through no fault of his..

Singhvi refers to a Government Order based on a Presidential Order to support the State’s stance.
CJI: If parents can afford the children can be sent to London or US

Singhvi: But that does not mean you can reserve something in the state which is actually meant for some people who deserve it.
Read 14 tweets

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