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Prasanna S @prasanna_s
, 10 tweets, 3 min read Read on Twitter
#Kathua hearing about to begin in Supreme Court before a bench headed by CJI. Sr. Adv @IJaising and @DeepikaSRajawat are seen in Court. Thread.
Bench has asdembled.
One other matter before #Kathua gets taken up. That is going on now. Looks like it will take about 10 minutes or so.
Dr. Singhvi is passionately arguing a company matter on the points of existence of an arbitration agreement etc. Uses many adjectives like shocking, patently wrong, bizarre etc in reference to an NCLAT order.

(Me thinks: Sounds trivial and glib considering what is waiting).
That matter is still on. Sr. Adv Arvind Datar is arguing now, responding to @DrAMSinghvi ...
That matter is still on....Mukul Rohatgi now arguing. Equally passionately.
Sorry, my phone died at that point and didn't carry my power bank in.

Some victory at last for Ashifa's father who was represented by @IJaising and Deepika Rajwat.
Final Result:
A. Notice to J&K Govt on the issue of transferring trial out of J&K and possibly to Chandigarh. 1/
B. No takeover of investigation by CBI. J&K police will continue investigations and if necessary file a supplementary chargesheet. 2/
(An intervenor who asked for it tried a lot of victim blaming and handed a note that questioned whether the petitioner was actually the father etc. The Court did not allow any of that to be argued)
C. Protection by plain-clothes-clad security personnel to the Ashifa's father, his lawyer Ms. Deepika Rajwat and one other person who has been co-ordinating the complainant side case. 4/4.
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More from @prasanna_s see all

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Does the Union Government have to direct the telecom service providers to delete biometric and Aadhaar details of their customers following the #Aadhaar judgment? A short thread.
1. We all know that the judgment had three separate judgments. One by majority of Sikri J writing for himself, CJI Misra and Khanwilkar J.
There was a minority judgment by Chandrachud J which was partly concurring with Sikri J
and another partly concurring judgment by Bhushan J
2. On the question of illegality and unconstitutionality of the telecom-Aadhaar linking exercise, all the five judges agreed and struck down the exercise and the 23rd March 2016 circular of the DoT as unconstitutional.
Read 11 tweets
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#Aadhaar Judgment continued
(Sorry the earlier thread no longer loads for me on twitter).

DYC J has penned a partial dissent.

DYC says this is a seminal case that poses questions on democracy, power and liberty and constitutionalism.
DYC J overrules earlier judgment on money bill whether or not speaker decision is subject to judicial review. Elaborate discussion of rule of law and judicial review. Sikri J agrees on this point.
However DYC J holds that Aadhaar cannot have been a money bill. Not even Section 7. Passing a Bill which is not a money bill as a money bill a subterfuge and a fraud on the constitution. This is a dissent from Sikri J view.
Read 28 tweets
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#Aadhaar judgment. Thread. Will be tweeting opinions as they are pronounced. Final conclusions based on majority will be clear only at the end of the thread.
Waiting for the Bench to assemble.
Bench has assembleed. Judgment is voluminous.

First judgment is by Justice Sikri. CJI and Khanwilkar J have concurred with him. DYC J and Ashok Bhushan J have written separate opinions.
Read 36 tweets

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#Thread If I were Obama.
If I was Obama on January 5, 2017 sitting in the WH meeting with my AG, FBI, DOJ, Perkins Coie Counsel, WH counsel, ODNI, CIA etc.. with a portfolio of data we manufactured, collated, paid for and collected and an EO I had just singed in Dec of 2016 (1)
An Executive Order that makes it the law of the land "Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities" calling our #russia and all the entities we referenced in our "Portfolio" (2)
govinfo.gov/content/pkg/FR…
A portfolio we had in our hands that was lack luster, circular and completely manufactured... If I was Obama I would gear up and call upon all those "of our unique and comprehensive system of alliances and partnerships" to join me. To join me (3)
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The Supreme Court Collegium is in the limelight once again and not for the right reasons. But what exactly is the issue? #Thread
Justice Akil Kureshi’s transfer from Gujarat HC to Bombay High Court is what has resulted in a backlash. It has created an uproar at the Gujarat Bar.
The Gujarat HC lawyers have thrown their weight behind Justice Kureshi and are observing a strike. But what is their grievance?
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Finally got time to map these across. This is one for EU Citizens in the UK. #Thread @The3Million

The Charter of Fundamental Rights (CFR) codifies a body of case law into a series of 50+ articles built ON TOP OF the European Convention on Human Rights.
The ECHR was built and ratified by convention in 1953. Way before the EU & is distinct from it. We are not losing the ECHR post-Brexit (thus, keeping the UK's HRA)

However, the CFR is tied into membership of the EU & is often the conduit by which the ECHR is activated.
And this is a problem. Since question LS the CFR hasn't answered yet, are points of case law (yet to be determined) not statute. The CFR codifies a number of key elements of legislation (including clarification) across a body of cases across all 28 member states.
Read 14 tweets
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Thread: What to Expect in for the Next Senate Confirmation Hearing for a Republican-appointed Supreme Court Nominee

1. Time to reflect on the Kavanaugh nomination process and look ahead to what might happen the next time around.
2. We’ve witnessed farce, perjury, witness tampering, conspiracy, violent protests, lack of personnel security in Senate office buildings, & obvious collusion between the @capitolpolice and the Dem Party in letting highly-paid protesters into hearing rooms, corridors & elevators.
3. And there are countless deranged calls for violence against Justice Kavanaugh and his family, as well as on Senate Republicans and their staffs, in social media and on legacy media TV networks (MSN-BS, most prominently).
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Aadhaar through the ages.

A #thread -
Nilekani: Let there be an ID that is voluntary in nature & would prove to be an empowerment tool for millions!

UPA: Cool. Like a citizenship ID?

NN: Nope. Just an ID. No rights will be granted... But eventually... all citizen rights will be dependent on it! Get it?

UPA:
Activists: Um I think you need to create a law. This is kinda big. YUGE project. YUGE

UPA: Let there be an ID which will be created by a random attached office in the planning commission!

Activist: Wait. What?

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After Nirbhaya's Case in 2012, The Criminal Laws were amended in 2013, After #Kathua Case in 2018,The Laws were again amended, but still #Mandsaur happened, Are the Indian Laws Weak or The Govt. Missed to fill the most imp. LoopHole in the Criminal Justice System? Read dis thread
After Nirbhaya's Case in 2012, Justice J S Verma Committee was formed which recommended changes in the Criminal Law, The then UPA govt. accepted those Recommendations and amended the Criminal Law, The Entire Country n Media Hailed the move thinking that ' Things Would Change Now'
After #Kathua case, the people and the media again protested and forced the @narendramodi led NDA govt. to again change the Law,In April 2018, the Criminal laws were again amended Providing Death Penalty for Child Rapists. Again we thought Things wud Change But #Mandsaur Happened
Read 26 tweets

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