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Oct 14

[Tamil Nadu vs ED] @dir_ed

Earlier #SupremeCourt had stayed the investigation against the state-run Tamil Nadu State Marketing Corporation (TASMAC) and critiqued the Enforcement Directorate (ED) for 'crossing all limits'

SR Adv Kapil Sibal: This is the TASMAC issue. How can a govt company be raided? We are the ones who directed them to be filed. The managing directors are raided. Once FIR is there..ECIR is there.. this matter can be closed in no time at all. We have to decide what to do and what not.. what is ED doing? ED has seized computers etc. this is shocking

ASG SV Raju: There are 47 FIRs there is large scale irregularities.. we are on predicate offences and are on scheduled offences..for all these officers there is a conduit of how money is flowing.

ASG Raju: this is large scale corruption and what happens to the federal structure?

CJI Gavai: Can't the local police look into this ?

Sibal: We are the ones who are raiding and we are taking steps. They should give us info to under Section 66(2). What is this?

ASG: there is large scale corruption.. their FIR disclosed it

CJI: what happens to federal structure ? Who controls law and order

Sibal: 36 out of 42 FIRs are closed.

ASG: this is not about law and order.

Sibal: There is 60 hour of searches carried out

CJi: is it not encroaching upon the right of the state to probe a case? Whenever you have a doubt that state is not probing you will go there ?

ASG: I am not on predicate offences.

Read 19 tweets

Bar and Bench

@barandbench

Oct 14

Supreme Court to hear plea of Sahara India Commercial Corporation Ltd (SICCL) seeking its nod to sell various properties, including Amby Valley in Maharashtra and Shahara Saher in Lucknow, to Adani Properties Private Limited #SupremeCourt #Sahara #Adani

Bench: CJI BR Gavai, Justices Surya Kant, and MM Sundresh

Sr. Adv. Kapil Sibal: I am appearing for Sahara. We are suggesting a plan.

SG Tushar Mehta: this appears to be a good suggestion. But the centre also may have to examine and put its thoughts. Request is to implead secretaries of cooperative societies. We can then present our picture.

Read 17 tweets

Bar and Bench

@barandbench

Oct 11

National Annual Stakeholders Consultation on:
Safeguarding the Girl Child Towards a Safer and Enabling Environment for Her in India

Justice B.V. Nagarathna:
Today, a young girl in India can be said to be a truly equal citizen only when she can freely aspire to do anything that her male counterpart does, and receive the same quality of support and resources to do so. No barriers specific to her because of her gender should exist.

Put differently, the odds of her being born at all, having access to the right nutrition, care, education, and material resources, a secure and safe environment, developing a distinct sense of self, and being able to achieve whatever she sets her mind to, have to be equivalent to that of a boy child born in this country. She should not merely survive, but actively thrive.

Justice Nagarathna: The first barrier that a girl child in India faces is being born at all. Will she be born at all? It is an altogether unfortunate trope that most of us are familiar with. When a family eagerly awaits news of the birth of a child, some are disappointed at best and even dismayed at worst upon hearing that the child is a girl.

The child sex ratio of 0 to 6 years in India has only seen marginal improvement, going up from 914 girls for every 1000 boys in the 2011 Census to 929 girls for every 1000 boys in the National Family Health Survey (NFHS-5). There are also recent concerning reports of worsening sex ratios caused by likely female infanticide or foeticide in certain States. Many of the States, however, have seen improvements in their sex ratios.

Justice Nagarathna: Next, access to quality nutrition as a critical facet of the girl child’s growth and development is important. Without adequate nourishment, all other measures undertaken to uplift the girl child may be in vain. Malnutrition, especially in the early years of a girl’s life, may go on to determine her health and quality of life for many decades.

According to the National Family Health Survey, statistics show that 59% of girls aged 15 to 19 years are found to be anaemic. It is often the case that girl children are deliberately fed lesser or lower-quality food than their brothers. While schemes such as the Mid-Day Meal Scheme, the Anemia Mukt Bharat Programme, and the Poshan Abhiyan have made several strides in ensuring access to quality nutrition for young girl children, it is important that the cascading and harmful effects of early malnutrition on the girl child’s ability to be physically active, think, and solve problems are sufficiently publicised.

A related requirement for access to quality nutrition is also access to exercise, play, and games.

The next issue is that of child marriage in India. In this regard, it is extremely commendable that as per successive National Family Health Surveys, the prevalence of child marriage has steadily declined from 47% in 2005–06 to 27% in 2015–16, and further to 23% in 2019–21. Over the course of the last 15 years, a combination of policy efforts and community engagement has led to an almost halving of the rate of child marriage in India. Through the enactment of laws such as the Prohibition of Child Marriage Act, 2006, and in accordance with India’s international obligations under the UN Conventions, State and Union Governments, occasionally with the collaboration of UNICEF, are undertaking several positive steps in this regard.

The need of the hour is to adopt holistic solutions that are adaptive and tailored to regional peculiarities so as to ensure that interventions undertaken are most effective.

Read 11 tweets

Bar and Bench

@barandbench

Oct 10

#SupremeCourt hears the fire crackers issue concerning Delhi air pollution

CJI BR Gavai: Whether the pollution in 2018 (AQI) was much less as compared to 2024?

Respondent: If you see CAQM Data..

SG Tushar Mehta: In Covid period it came down ..else it remained the same. There is nothing on record to show that it is because of the firecrackers. I urge that there is no restriction for firecrackers. If there is a two hour timing .... One hour goes in persuading parents only ! We all were children!

Sr Adv K Parameshwar: Half of haryana is under the ban without even being heard. That is how NCR expanse is..

Respondent: Please see the chemical composition..how can we ensure that this 50 percent composition ladden crackers are there in the market?

Sr Adv Parameshwar for the manufacturers: we are saying we will only distribute it to wholesalers from designated 25 to 30 points. And then the check becomes more effective.. our children also staying here.. if it goes bad.. next year also ban can be there

Read 10 tweets

Bar and Bench

@barandbench

Oct 10

Supreme Court to shortly hear Tamilaga Vettri Kazhagam’s plea challenging Madras High Court order directing SIT probe into Karur rally stampede that claimed 41 lives.

Bench: Justices JK Maheshwari and NV Anjaria

#SupremeCourtofIndia #KarurStampede

The plea seeks stay on the Madras High Court order, appointment of a former Supreme Court judge to oversee the probe, and expunging of adverse remarks against the party and its leaders.

#KarurStampede

Sr. Adv. Gopal Subramanium (for TVK): the petition filed before the HC was for a very limited purpose. That the govt should be directed to frame a protocol for road shows. The AAG appears on behalf of the state. In the order various allegations have been made. Adverse inferences are drawn against a person without being a party…. Please see the various averments…

Read 43 tweets

Bar and Bench

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Oct 10

Sabarimala gold loss case: Kerala High Court suo motu impleads State Police Chief in case concerning loss of gold from the gold plated covering the dwarapalaka idols at Sabarimala temple.

The court had previously ordered an SIT probe into the matter.
barandbench.com/news/sabarimal…

Bench of Justices Raja Vijayaraghavan V and KV Jayakumar made it clear today that the SIT is to refrain from speaking to the media until the probe is completed. SIT to file reports every two weeks before the Court in sealed cover.

HC orders State Police Chief to direct ADGP Venkatesh, who is also the SIT head, to register a crime and carry out the investigation in accordance with law.

Read 8 tweets

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