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Live Law Profile picture
@LiveLawIndia
Oct 27 • 14 tweets • 3 min read • Read on X
#SupremeCourt issues notice to all states in the suo moto case regarding digital arrest scams based on forged court orders.

Bench: Justice Surya Kant and Justice Joymalya Bagchi Image
Attorney General for India R Venkatramani appearing.

J Kant: there are more than one instance taken place in different parts. We are inclined to entrust the matter to CBI in respect of all the states because this is a kind of crime which is operating maybe Pan India or maybe even across the border also.
AGI: there are money laundering gangs located outside our territory. In many parts of Asia - Myanmar, Thailand etc.

J Kant: we will appreciated if the state takes stand that yes this matter should be investigated by a central agency.
The suo moto case was taken after a letter was written to SC by a senior citizen couple from Haryana who were victims of such a scam. livelaw.in/top-stories/ma…
Order: learned Counsel for the state of Haryana fairly states that he has no objection having regard to the magnitude and the nature of the crime, to entrust the investigation to a central agency.
Order: the two FIRs registered at the cyber crime branch Ambala are to be entrusted to The Central bureau of investigation for investigation.
Order: there are more FIRs registered in Ambala pertaining to similar/identical crimes. The state is granted one week's time to furnish the details of those FIRs.
Solicitor General Tushar Mehta: I want to give some suggestions.

J Kant: today we are just issuing notice to all states so that all the FIRs in all the states can be entrusted to the CBI.

Mehta: that my delay the process before which we may need some directions. So if this matter can be kept..., I will seek some directions then

Mehta: This is offshore. there are three human pillars. Sometimes there will be some people who will say that we can get you employment in some other country. And they will go there and get the employment. Then they will say that we spent this much on you so now you have to help us by generating this much funds. Then they will take their passports and they will be human slaves
J Bagchi: This is an international issue. In Myanmar there was a crackdown on such cells.

Mehta: That is called a scam compound.
Mehta: CBI is already investigating some of the offences.

J Bagchi: seeing the volume of cases, we want to know whether CBI has the resources, human and technical, to deal with the all the cases if they are transferred.
J Kant: suppose they need some highly technical experts for cyber crime who are technocrats, who are not part of the police force they may suggest and we will see.

Mehta: CBI is taking assistance from the cyber crime division of the ministry of home affairs who are technically qualified experts
J Bagchi: we are talking about volume if Pan India cases are transferred to CBI. We have seen this in ponzi cases, when the cases were transferred to CBI the pressure to on CBI was so enormous that they had to come with an application to the supreme court to send down certain cases to the state administration also. So please see that.

Mehta: We will. Possibly coordinated investigation in the is the solution not exclusive.
Mehta: I will sit with the CBI director. And I seek certain directions.

J Kant: what are the directions you require and to whom those directions are required to be issue you have to point out. But today we are only issuing notice, not any directions
Mehta: please have it next week for some directions. For example if someone calls me from a courtroom using AI it can be a face or voice of some judge. If the investigating agency wants to trace where the call is from we cannot get that information. So the Court can require that this can be shared for investigative purposes

J Kant: okay so place that before us and we will pass those directions on whatever the impedements are

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Live Law Profile picture
Oct 29
#SupremeCourt constitution bench will shortly continue hearing the issues regarding inter-se seniority in the cadre of higher-judicial service. Image
A recap of Day 1 hearings can be read here :

Trial Judiciary Will Be In Crisis If Junior Division Judges Prioritise District Judge Exam Over Case Adjudication, Says Supreme Court

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#SupremeCourt hears a plea concerning government's insurance coverage scheme for doctors who died due to COVID-19 during the pandemic.

J Narasimha: Society will not forgive us if we don't take care of our doctors. Image
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Oct 28
A Constitution Bench of the #SupremeCourt led by CJI BR Gavai to hear today the All India Judges Association case.

The bench will decide whether to earmark a quota of District Judge posts for those who entered judiciary as Civil Judges(Junior Division) to avoid career stagnation.Image
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We are, therefore, of the view that a proper balance has to be struck between the competing claims. However, this issue would involve consideration of some of the judgments and orders passed by Benches comprising of three learned judges of this Court. Therefore, in order to put the entire controversy at rest and provide a meaningful and long-lasting solution, we are of the considered view that it will be appropriate if the issue is considered by a by a Constitution Bench consisting of five learned Judges of this Court."
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Oct 27
#SupremeCourt hears PIL pertaining to vacancies in Information Commissions set up under the Right to Information (RTI) Act

Bench: Justices Surya Kant and Joymalya Bagchi

Adv Prashant Bhushan (for petitioner): 5 orders by this Court to fill up vacancies, but they keep seeking time...no transparency. They have not put out shortlisting criteria and shortlisted names in public domain. They have to be put out prior to appointment! They are saying they can appoint someone who has not even applied

J Kant: You're right there's delay. But they are asking for 2-3 more weeks. Can wait.Image
J Kant: Let the right time come

Bhushan: What is the right time? They are saying they have shortlisted

ASG KM Nataraj: They can't make these arguments before appointment

Bhushan: This Court said they have to state on affidavit before appointment...

J Kant: Appointment is not fait accompli.

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J Kant: This information will come in public domain. We will get that information

Bhushan: This, people need to know before appointment

ASG: They are mixing eligibility and suitability of candidates.

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Read 6 tweets
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Oct 27
#SupremeCourt to hear today the bail pleas of Umar Khalid, Sharjeel Imam, Gulfisha Fatima, Meeran Haider in the Delhi riots larger conspiracy case.

Bench of Justices Aravind Kumar and NV Anjaria will hear the matter.

#UmarKhalid Image
bench assembled.
Senior Advocates Kapil Sibal(@KapilSibal) and CU Singh(for Khalid)

Abhishek Manu Singhvi @DrAMSinghvi (Fatima), and Siddharth Dave(for Imam)
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Oct 17
#SupremeCourt hears plea challenging Bar Council of India hiking nomination fees for Bar Council elections.

Bench: Justice Surya Kant and Justice Joymalya Bagchi. Image
J Kant: BCI is saying it doesn't have enough money.

Counsel: They have enough money. I don't have a problem with high nomination fees but it should be connected with the stature of the lawyer
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J Kant: let them contest later. what is the tearing hurry for them to contest?
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