Utkarsh Anand Profile picture
Legal Editor @CNNnews18, Last spotted @IndianExpress. Bio: 'A paisa of perception, a rupee of precision' Author: https://t.co/3Y8qorWbk6…
S D Bhardwaj Profile picture 1 added to My Authors
9 Jul 20
A thread on recklessness, indifference in the #SupremeCourt & the need to set things right before another life is lost.

Mr SK Dhingra, a 80-yr-old lawyer with almost 50 yrs of practise died y'day after consecutive heart attacks in his chamber. Nobody put him on a stretcher.
Me Dhingra had convulsion in his chamber. His clerk called up his daughter, also a lawyer. Clerk also called up the #SupremeCourt dispensary but no doctor was available.

The daughter too kept calling emergency clinic for sending a doctor or at least sorbitrate but to no avail.
Daughter rushed to the #SupremeCourt but security refused to let her in from Gate B since that's an exit gate, not for entry.

She tried to persuade them about the urgency but the security said its the protocol. They were asked to pass through a busy red light to enter.
Read 8 tweets
12 Jun 20
#SupremeCourt reproaches #Delhi Govt over treatment of patients in its hospitals & handling of dead bodies.

SC calls situation in #Delhi as horrendous, horrific & pathetic & rips into #Delhi Govt lawyer for patients being stacked with dead bodies everywhere in its hospitals.
SC notes down more than 2000 beds are vacant in #Delhi hospitals since there is nobody to take care of the patients there.

Court also cites videos where patients are crying with pain while nobody is there to attend them.

SC says it is pained by the state of affairs .
Court also questions #Delhi Govt over reducing the #COVID19 testing; asks if the #NCT is trying for an artificial figure.

"How can the tests go down? Increasing the testing capacity is the duty of a state," SC asks #Delhi Govt
Read 5 tweets
28 May 20
#SupremeCourt hearing of the suo motu matter on #MigrantWorkers commences.

Sr adv Kapil Sibal, Indira Jaising, Sanjay Parikh, Anand Grover and Colin Gonsalves appear for Medha Patkar and as intervenes in the matter.

SG Tushar Mehta represents the Central Govt.
Indira Jaising and Colin Gonsalves press for certain directions today itself, citing 'urgency' of the matter.

#SupremeCourt asks them not to speak simultaneously. "If all of you speak at the same time, we won't understand anything."

SG: We are immensely grateful that this court has taken cognisance. Centre and states are willing to show all steps taken. Some isolated incidents have taken place but they are shown repeatedly. We have filed a preliminary report on steps taken.

Read 33 tweets
24 Apr 20
#SupremeCourt hearing on petition by #ArnabGoswami begins.

For #Congress-ruled states, Sr adv Kapil Sibal, Vivek Tankha, Manish Singhvi appear although Goswami's petition is yet to be admitted for hearing or notices issued.
Sr adv Mukul Rohatgi commences his arguments on behalf of #ArnabGoswami, starts with narrating the facts of the #Palghar lynching.
Rohatgi laments killing of two sadhus in #Palghar by 200 men even though 12 policemen were present there.

"It is shocking somebody took a video of the sadhus being lynched while the police is standing by & is virtually complicit," adds Rohatgi.
Read 15 tweets
19 Mar 20
#SupremeCourt hearing in #MadhyaPradeshPoliticalCrisis begins with AM Singhvi resuming his arguments on behalf of the Speaker.
Singhvi says neither the petitioners nor even this court has the authority to short-circuit the discretion of the Speaker and have a floor test.

Justice Chandrachud asks Singhvi whether the Speaker is willing to decide when the court appoints an observer & have meeting of the rebel MLAs through video-conferencing.

Singhvi says no.

Read 68 tweets
18 Mar 20
#AGR matter being heard by a bench led by Justice Arun Mishra: "Are we fools?" the judge asks SG Tushar Mehta while coming down heavily on the Govt for their proposal to reassess the dues owed by the telecom companies, incl #Vodafone & #Airtel |@News18Courtroom
"Do the DoT officers think they are superior to us? Are these companies untouchable? Everyone has been trying to influence us... Newspapers are having articles after articles but we won't budge," Mishra J goes ballistic. He asks DoT first fought tooth & nail but now dragging feet
#SupremeCourt makes it clear in its order taht there won't be any reassessment/ re-assessment of the #AGR dues. All telecom companies will have to pay the dues with interest & penalty, as ordered in the main judgment.
Read 49 tweets
4 Mar 20
#SupremeCourt declines to hear Harsh Mander today in his petition after SG Tushar Mehta adduces transcripts of his reported speech at #Jamia wherein he said there is no trust left in the courts & that ultimate justice has to be on the streets.

#CJI: We will sort this out first.
#SupremeCourt tells Mander's lawyer that if this is what he feels about the courts then it will have to be decided first whether he should be given a hearing at all.

A separate petition on #DelhiViolence to be heard now.
As advocate Karuna Nundy, appearing for Harsh Mander, seeks time to verify the alleged hate speech, SG Mehta says this is strange that he wants time for verifying his own speech but wants FIRs against everyone immediately.

Read 16 tweets
14 Feb 20
#AGR hearing in the #SupremeCourt commences with a light hearted comment by Justice Arun Mishra. The leading judge on the bench wanted a light lamp to be moved away form his dais. The court staff fails to do so. The judge does it himself. "Yahan sab kaam khud hi karna padta hai".
Govt company Oil India, represented by Sr adv Mukul Rohatgi, seeks an audience but Justice Mishra is irate. "Who is making all this happen? We want to use very harsh words. This is completely nonsense. We have already said what we have to. What have you made of this system?"
Rohatgi opts to withdraw. Another matter mentioned but Justice Mishra says he is anguished. "A desk officer in the Govt stays a #SupremeCourt order. He says that he can stay the operation of the court order. Is there any law left in the country? Call that desk officer here."
Read 7 tweets
22 Jan 20
#CAA hearing begins in the #SupremeCourt. Attorney General KK Venugopal starts by saying the Centre has prepared a preliminary affidavit that will be filed today. Sibal asks for a #Constitution Bench to which #CJI replies saying this might go to the larger bench

Sibal: NPR begins in April so some interim order could be issued..

Centre opposes it, saying arguments will have to be made if any interim plea has to be argued.

AM Singhvi cites UP example, says this is an irrevocable process.

CJI: We may ask them to issue some temporary permits for the time being.

AG: The law itself talks about taking back the citizenship in certain situation.

Read 12 tweets
14 Nov 19
#Sabrimala Bench: CJI Gogoi, Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra.
Judges assemble to delver verdict on the review petitions.

#CJI is reading out the verdict, he says he will take 5 minutes.

Read 8 tweets
9 Nov 19
#AyodhyaJudgment: Judges arieve, #CJI requests silence.

Judges signing the verdict
Judgement is unanimous
Read 21 tweets
24 Oct 19
Massive setback for #Airtel, #Vodafone Idea as #SupremeCourt accepts the DoT's definition of #AGR. Telcos, including RCom, to pay thousands of crores now.
#SupremeCourt said most of things will come under the Govt's definition of #AGR and telcos will have to pay up.
#SupremeCourt also holds telcos will have to pay all penalties & interests. Justice Arun Mishra said telcos will have to shell out everything. DoT's total demand is around Rs 92,000 Cr. #Airtel might end up paying more than Rs 21k Cr, #Vodafone more than Rs 10k Cr.
Read 5 tweets
16 Oct 19
Day 40 of the hearing in the #Ayodhyacase begins with the #CJI making it clear that arguments will close at 5 pm today. "Enough is enough," says Justice Gogoi.

Sr adv CS Vaidyanathan resumes his arguments, saying the #Muslim side hasn't given any evidence on exclusive possession or title.

Vaidyanathan argues there could be some evidence that the #Muslim side offered Friday prayers at the disputed site between 1857 & 1934. "But there is absolutely no evidence that they offered any prayer after that. On the other hand, #Hindus continued to worship".

Read 26 tweets
26 Aug 19
#PChidambaram produced in the #CBI Court after completion of four days of custodial interrogation.
Solicitor General Tushar Mehta, appearing for #CBI, asks for five more days of custody. Mehta days he has been confronted with some documents, witnesses but more require to be done.
Special judge asks Mehta about result of the last four days of #PChidambaram's custodial interrogation. Mehta shares some papers with judge Ajay Kumar Kuhar.

Read 10 tweets
26 Aug 19
Important day for #PChidambaram as well as CBI & ED in the #INXMediaCase: Kapil Sibal mentions before Justice R Banumathi that the new petition against CBI's remand hasn't been listed so far.
Justice Banumathi says that necessary orders could not be obtained from the #CJI over the weekend. Registry has been asked against to do the needful.
SG Tushar Mehta says he has no objections if #PChidambaram's legal team wants to argue against the custody order too.
A lot is at stake for #PChidambaram as well as for the #CBI and the #EnforcementDirectorate when the #SupremeCourt takes up the former union finance minister’s petitions today. Here's why and how:
Read 48 tweets
22 Aug 19
Action begins at Delhi's Rouse Avenue court where #PChidambaram is going to be produced by the #CBI following his arrest last night.

Wife Nalini Chidambaram and son #KartiChidambaram have reached court no.502, presided over by special judge Ajay K Kuhar.
Senior lawyers Kapil Sibal, AM Singhvi, Vivek Tankha are also in the court complex.

Solicitor General Tushar Mehta and senior lawyer Sonia Mathur are expected to appear as special public prosecutors for the #CBI.
#PChidambaram being taken to the court room where remand proceedings in the #INXMediaCase
will commence shortly.
Read 26 tweets
14 Aug 19
Three relevant pages from #PehluKhanVerdict: Lacunas pointed out by trial judge in giving benefit of doubt to accused:
* Mobile phone that purportedly recorded the incident was never seized
* Secondary evidence of photos not proved
* Dying declaration wasn't properly recorded
* First #FIR named some different persons as attackers
* Identity of accused wasn't established
* How did #PehluKhan know the names when he was from Mewat & accused from Alwar

In #PehluKhanVerdict, trial court notes eye-witnesses, including son of #PehluKhan, changed their versions:

* They gave a different statement to police
* Named no accused initially
* Later changed their versions
* Remembered names after 2.5 yrs but couldn't identify accused
Read 5 tweets
23 Apr 19
Contempt petition against #RahulGandhi in #Rafale case: #BJP MP Meenakshi Lekhi seeks time to file a reply to Rahul's affidavit. Mukul Rohatgi, for Lekhi, says Rahul's affidavit is just a lip-service & that he has expressed no apology.
#CJI: "Will we use the word 'Chowkidar' in our order? How can that be a submission".

Rohatgi: "Ask him. He used it".
#CJI: Why don't you put everything in an affidavit?

Rohatgi: Give me 10 day.

#CJI: We will give you more time. We think this matter should be heard with the main review petitions in #Rafale
Read 6 tweets
7 Mar 19
Attorney General Vs Solicitor General in the #SupremeCourt over contempt against adv Prashant Bhushan.
Initiated at his instance, AG now wants to withdraw his contempt petition against Bhushan. But the SG presses for penalising Bhushan for repeatedly attacking judges & judiciary.
But Justice Arun Mishra isn't inclined to close the contempt proceeding at this stage. "Nothing will go right now. We will decide everything at one go...this is beyond resolve now. We aren't interested in personal pacts," says the judge.
Sr adv Indira Jaising seeks to be heard in the #contempt Prashant Bhushan. Sr adv Anand Grover stands up to argue for her. Justice Mishra asks who is he appearing for, AG states Grover should say he is appearing to his wife. Jaising objects to being referred as someone's wife.
Read 7 tweets
6 Mar 19
#Rafale case hearing begins in the #SupremeCourt. Bunch of review petitions and application by the Govt to correct the December judgment to be taken up by the court today.
#Rafale: Petitioner-advocate ML Sharma says all review petitions should be junked since nobody has brought on record the #CAG report on #RafaleDeal, saying the acquisition is economical and proved to be less costly.
#SupremeCourt declines to accept on record a letter given by the Hindu Editor N Ram to Prashant Bhushan regarding #Rafale.
"Please confine your case to the documents already submitted. We are not going to look into any new document at this stage," #CJI tells Bhushan.
Read 24 tweets
6 Dec 18
#SupremeCourt questions Govt and CVC in #CBIvsCBI: "Why not be completely fair? What's the difficulty in consulting the Selection Committee? It is better to consult the Selection Committee than not to consult."
#CBIvsCBI: "The essence of every government action is what's the best for administration. It is not only a question of adherence to law but better adherence to law," #CJI tells Solicitor General Tushar Mehta.
#CBIvsCBI: The Court adds even if exigencies occur, is it not advisable to go to the Committee at some stage? "This hasn't happened overnight and the AG said this yesterday. If the Govt and CVC tolerated this since July, then why not go to the Selection Committee?"asks SC.
Read 18 tweets