#SupremeCourt hears matter where the Court ordered that any application filed before any court seeking default bail on the basis of Ritu Chhabaria judgment should be deferred
SG : one Mr X files 32 petition saying husband is in jail allow me send home cooked food, then chabaria also says my husband is also in jail, therefore tag the matter, the issue in both is whether homecooked food be allowed
SG: this gets dismissed, he files an application- chargesheet is pending, the DB takes the view that once you file chargesheet even with 170(a), he will get default bail .....all over India people began filing default bail application- incomplete chargesheet entitled me for default bail
SG: another case was challenged in Delhi HC, HC says Iam bound by the SC decision .....therefore Iam requesting that mylords may take up SLP, and be kept in a bench of three judges, let the first SLP be on board and the law be settled
SG: this is the problem, Iam not against an individual, whether recall is maintainable, the recall is not
CJI: we can examine the issue, but where is the question of recalling the judgment ?
SG: I will show how the law is misused, somebody filed a pilot petition, on homecooked food, in that they file for default bail, simply read between the lines mylords
CJI: the other matter?
SG: its listed before mylords, pls see item 36
SG refers to the following order on deferring default bail applications :
Supreme Court Asks All Courts To Defer Applications For Default Bail Based On 'Ritu Chhabaria' Judgment Which ... livelaw.in/top-stories/su…
SG: the moment this order goes, 1000s of applications will be filed for default bail saying that 60-90 days have gone and chargesheet had to be filed
Counsel for the respondents submit that IA was filed prior to the notice being issued in the writ petition
SG: 100s for default bail started coming, therefore we had to pray for stay
SG: kindly call for records, some serious fraud being played
CJI: we will place before a 3 judges bench
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#SupremeCourt hears writ petition filed by 'Foundation for Independent Journalism' (a non-profit which runs #TheWire) and The Wire's Founding Editor Siddharth Varadarajan challenging Section 152 of BNS (which is stated to have brough back the #sedition law)
Bench: Justices Surya Kant and Joymalya Bagchi
Sr Adv Nitya Ramakrishnan (for petitioners): This Court recently passed an order issuing notice on another petition challenging S.152...the new provision is vague but same in effect
J Bagchi: Is the potentiality of abuse a ground to declare a law unconstitutional? Show us an authority on that. There's difference between implementation and power to legislate
Ramakrishnan: Vagueness is an accepted ground
Court: There has to be a clear threat to national sovereignty, otherwise section is not attracted
Nityakrishnan: S. 152 a sheer expression without anything more.
J Kant: How can it be statically defined that what will be an act of endangering sovereignty? For instance, one can argue that political dissent can't endanger sovereignty...Inviting legislature to define 'endangering sovereignty' is a big danger
SG Tushar Mehta highlights that now there is a new explanation
#SupremeCourt to hear today petitions challenging the Election Commission of India’s Special Intensive Revision (SIR) of electoral rolls in #Bihar.
Bench : Justices Surya Kant and Joymalya Baghci.
Follow this thread for live updates.
#ElectionCommissionOfIndia #BiharSIR2025
On July 28, the Court had refused to stop ECI from publishing draft electoral rolls for Bihar on August 1
On this date, Justice Kant said that ECI was merely scheduled to publish a "draft" list and that the Court can ultimately strike down the entire process if any illegality is found
The bench orally told ECI to consider at least the statutory documents of Aadhaar and EPIC
Justice Kant impressed upon ECI that instead of "en masse exclusion", there should be, "en masse inclusion"
#SupremeCourt #BiharSIR
On July 29, responding to the apprehensions that 65 lakh voters are going to be excluded from the draft list to be published by ECI, the Court orally said that if there is any mass exclusion, then it will step in.
Former Chief Justice of India Justice Sanjiv Khanna to shortly deliver a lecture on "Judiciary and Media: Shared Principles-Similarities and Dissimilarities" at the Prem Bhatia Journalism Awards and Memorial Lecture organised by the Editors Guild of India.
Lecture begins.
J Khanna: Our institutions do not often share a platform. However we carry the same calling - a calling to act as a watchdog institution in the service of the common citizen. In essence we are both truth seekers though we follow different paths.
J Khanna: 75 years after India's independence the question isn't whether we have the freedom of thought and expression. The question is whether the freedom has grown more inclusive and more resilient. Has it widened its arc to accommodate new voices, deeper dissent, involving discourse. Has it responded meaningfully to the demand of the present day?
#SupremeCourt hears Indian Medical Association's plea concerning misleading claims and advertisements against "Allopathic" medicine.
Bench: Justice BV Nagarathna and Justice KV Vishwanathan.
In March, the Court passed various directions to State governments for effective implementation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
#SupremeCourt to shortly hear petition filed by ex-Chhattisgarh CM #BhupeshBaghel challenging Sections 44, 50 and 63 of #PMLA and seeking interim reliefs in 5 cases being pursued by probe agencies in the state (including the Liquor 'Scam' case)
Bench: Justices Surya Kant and Joymalya Bagchi
Hearing begins
Sr Adv Kapil Sibal (for Baghel): This pertains to Section 44 PMLA...apart from s.44, no other provision allows further investigation by ED officers...an explanation can't be the source of ED's power
ASG Raju appearing for respondent-authorities.
#SupremeCourt #BhupeshBaghel
Sibal: in practice, ED is filing subsequent complaints every few months before trial...that's why trials are not taking place...not because of us. Do they have the power to do that?
J Kant: Further investigation power is also beneficial to accused
Sibal: their practice vitiates purpose of the section
J Kant: object of power is not for unauthorized action. If it's exercised strictly...
#SupremeCourt hears the Suo Motu contempt proceedings initiated against the petitioner, the AOR and lawyers who filed a transfer petition in SC having 'scurrilous and scandalous' remarks against a sitting Telangana High Court Judge Justice Moushumi Bhattacharya
Counsel tender unconditional apology
CJI: we had dismissed the petition, however while dismissing the petition , we took note of the scurrilous remarks against the HC judge and issued notice to the AOR, lawyers . The CB of this court nagpur and other reported in 1954 noted