Supreme Court to hear shortly a petition filed by UPSC aspirants seeking extra chance for those candidates who had given their last attempt in October 2020.

#UPSC2020 #UPSCExams

The petitioners rely on the September 30 order of the Supreme Court which directed the Centre and UPSC to consider granting an extra chance to last attempt candidates with corresponding rise in upper age limit.

#UPSC #civilservices

Report of order

A bench comprising Justices AM Khanwilkar, BR Gavai and Krishnan Murari will take up the petition seeking extra attempt for last chance USPC aspirants in a short while.

#UPSC #civilservices #upsc2020 #upscprelims2020 #SupremeCourt

The bench has taken up the petition of UPSC aspirants for extra attempt.

#UPSC #civilservices #upsc2020 #upscprelims2020 #SupremeCourt

Issue regarding grant of extra chance for last attempt UPSC candidates is under consideration of the Central Government, Solicitor General tells the bench.

#UPSC #civilservices #upsc2020 #upscprelims2020 #SupremeCourt

A Bench headed by Justice Ashok Bhushan will shortly hear a plea by Former CJ of Andhra Pradesh HC Justice V. Eshwaraiah against an order passed by HC directing for an investigation into his private telephone conversation regarding charges of misconduct against sitting SC judge.

Advocate Prashant Bhushan appears.

#SupremeCourt @pbhushan1

Sr. Adv. Kapil Sibal states that he’s appearing for the Intervenors and has nothing to say at the moment.

Bhushan narrates the events to the Bench.

#SupremeCourt @pbhushan1 @KapilSibal

Bhishan: How can a private conversation be made a subject of inquiry ? What is the crime in having a private conversation, even if it’s about the conduct of a SC judge ? Without even saying into me, the HC orders an inquiry ? How can that be done ?

#SupremeCourt @pbhushan1

Bhushan: Your Lordship will need to issue notice and stay the inquiry as the inquiry is completely out of order.

#SupremeCourt @pbhushan1 @KapilSibal

Supreme Court considers the suo moto case "IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS".

Sr Advs Siddharth Luthra and R Basant have submitted a draft rules on criminal practice.

The draft rules on criminal practice were submitted by the amicus curiae in March

Luthra : On March 5, 2020, a report on draft criminal rules was submitted after a colloquium with High Courts.

Luthra : After the draft rules have been circulated, we have only received responses of High Courts of Andhra Pradesh, Telangana, Allahabad and Delhi. As many as 20 High Courts have chosen not to respond.

CJI : We are thinking we will give High Courts to appear within 2 weeks. They may give suggestions to the draft rules or may accept the rules and give a statement regarding willingness to implement the rules in HC.

Kerala High Court resumes hearing of Bail Application of M Sivasankar, Former Principal Secretary of Kerala Chief Minister

Sivasankar is presently in ED's custody for alleged involvement in the Kerala Gold Smuggling case. He is also being investigated by the NIA and Customs Department.

Senior Advocate Jaideep Gupta is arguing for Sivasankar.

He denies ED's allegations that Sivasankar contacted customs officials to clear the baggage alleged to be containing smuggled gold.

Gupta claims statement made by co-accused Swapna Suresh about Sivasankar's involvement are not credible as the same were made after her arrest.

Gupta points out that the correspondence between Sivasankar and Swapna does not disclose any knowledge on the latter's part.

He also tells Court that all of Swapna's statements categorically denied his client's involvement in gold smuggling, until before her arrest.

A Full Court Reference at the Jammu & Kashmir High Court will shortly take place to bid Farewell to Chief Justice of J&K HC, Hon’ble Ms. Justice Gita Mittal as she demits her office.

Webcast link: https://t.co/d9PybM7HGp

The Full Court has assembled.

#Farewell #JammuAndKashmir #HighCourt

Advocate-General of Jammu and Kashmir commences his address as he recounts how it was a historical day when CJ Gita Mittal took over the High Court and how she took the institution to new heights.

#Farewell #JammuAndKashmir #HighCourt

The AG lists the judgments of Justice Mittal, including but not limited to matters related to trans persons, colour-blindness et al, to showcase how a Judge never dies and lives through their judgements.

#Farewell #JammuAndKashmir #HighCourt

ASG Vishal Sharma delivers his address.

#Farewell #JammuAndKashmir #HighCourt

Supreme Court resumes hearing in the Tata Sons v Cyrus Mistry case.

Day 4 of the arguments.

Mistry's counsel C A Sundaram, Senior Advocate, making submissions.

CJI tells : I discovered during the weekend that my son, who is practicing in Bombay, has been appearing for 2 years for a subsidiary of Shapoorji Pallonji Group in a matter related to slum rehabilitation.

I must disclose this to you all.

#TataSons

Salve : I think I also have appeared in that matter. I have no objection.

CJI : So can we record no objection.

Salve : Yes.

#TataSons #CyrusMistry

CJI records in the order that parties have no objection to this bench hearing the matter.
#TataSons #CyrusMistry

CJI : This might otherwise create problems later on.

C A Sundaram : Most young lawyers appear for companies of Tata group or SPG.
In England, there have been instances where sons have appeared before their fathers.

CJI : Justice P N Bhagwati has done that.

Supreme Court takes up the petitions challenging the constitutionality of farmers laws.

Adv P Wilson @PWilsonDMK says he is appearing in one of the petitions challenging the Acts.

CJI : All the advocates who appeared yesterday(in PILs against farmers protests) are not seen today except for Mr. Dushyant Tiwari

Dushyant Tiwari : I have impleaded the farmers unions.

Solicitor General : There is a confusion. The first item is the petitions challenging the validity of laws.

CJI : We will not decide the validity of the laws today. The first and the only thing we will decide today is regarding the farmers protest and the fundamental right of citizens to move. The question of validity of laws can wait.

CJI : We will hear Mr. Salve, Mr. Parihar and other petitioners (in PILs against farmers protest)

#FarmersProtest

Supreme Court hears the writ petition filed by CPI Rajya Sabha MP Binoy Viswam @BinoyViswam1 seeking data protection measures for Unified Payments Interface (UPI).

Krishnan Venugopal for Binoy Viswam : The system of Whatsapp is not secure. Whatsapp is using the platform of the messenger service to allow payments.

#SupremeCourt

Krishnan Venugopal refers to the 'Pegasus' issue to argue that Whatsapp's system is not safe and secure.

#SupremeCourt

Krishnan Venugopal : Another issue is data localization. Problem with whatsapp, amazon & google is that when they allow payment to happen, data goes abroad. RBI justifies this process by saying that it is fine for data of Indians to go abroad without any formal protection.

Krishnan Venugopal : Critical financial data is allowed to be accessed by companies abroad and RBI justifies it. This is violation of Privacy judgment as my data is being grossly misused as these companies then collect this data and use it for advertisement purposes.

Supreme Court to consider shortly the petition filed by the Buffalo Traders Welfare Association against the 2017 Cattle Rules brought by the Centre under the Prevention of Cruelty to Animals Act.

On the last hearing date, January 4, the CJI had warned that the Court will stay the Rules if the Centre does not withdraw them. The CJI observed that the Rules are contrary to the parent

Matter taken.

"What are you going to do about the rules", CJI asks the Solicitor General.

'We told you last time that Rules are in dissonance with the Sections. The animals are the source of livelihood for people. The section is clear that only after conviction that animals can be taken away. The Rules permit to take away animals even before conviction' - CJI

Solicitor General : The petitioner has confused between seizure and confiscation. An animal subject to cruelty cannot be allowed to be maintained by the person. As in the case of any seizure, the party can approach the court for custody.

Supreme Court will hear today a petition filed by Facebook India Vice-President, Ajit Mohan, which challenges the summons issued to him by Delhi Assembly's Committee of Peace and Harmony in relation to #DelhiRiots2020.

@FacebookIndia @secondatticus #Facebook

In the previous hearing, Senior Advocate Harish Salv, appearing for Ajit Mohan, asserted before the Supreme Court that Mohan would not appear before the Committee of Peace and Harmony of the Delhi Legislative.

@secondatticus #Facebook

Facebook Only Gives A Platform; Its Vice President Will Not Appear Before Delhi Assembly Panel: Salve Tells

Assembly Panel on Peace and Harmony is looking into complaints on the "role or complicity of Facebook officials in the Delhi riots" that took place in February 2020.

Mohan was issued two summons on August 31, 2020 and the second, on September 18, 2020.

@secondatticus #Facebook

A Bench of Justices SK Kaul, Dinesh Maheshwari and Hrishikesh Roy will be presiding over the matter.

#Facebook @secondatticus @raghav_chadha #DelhiRiots @DrAMSinghvi

Bombay HC refers to SC judgment in Arnab Goswami case during the hearing of Varavara Rao's case.

"Now we have a judgment(Arnab case) wherein it has been clarified that HC can grant bail in writ. Earlier there was a grey area. Now the law has been made clear", Justice Shinde says

'Arnab's case was on different facts', submits ASG Anil Singh for NIA @NIA_India

"Earlier both of us were pondering whether under 226 bail can be granted, but the position has been clarified now", Justice Shinde replies.

#BombayHighCourt
#VaravaraRao

"Nanavati hospital report is deficient in a number of areas, they have been conspicuously silent on a number of issues"- Anand Grover submits for Varavara Rao.
#BombayHighCourt
#VaravaraRao

VV Rao has had ailments from the beginning, they do not have the infrastructure in jail in terms of medical facilities and he keeps getting unwell/sick since the conditions are such, that is why he cannot stay in jail - Grover

#BombayHighCourt
#VaravaraRao

Once he goes back to jail he will again get sick seeing the ailments he is suffering from, so we will be back to court again as he will get sick - Grover

#BombayHighCourt
#VaravaraRao

TATA Sons v Cyrus Mistry

Supreme Court bench led by Chief Justice of India assembles to hear the appeals filed by Tata Sons Pvt Ltd against the NCLAT direction to reinstate Cyrus Mistry as Company Chairman.

Senior Advocate Harish Salve starts submissions for Tata Sons.

@RNTata2000 @TataCompanies

Salve : This(Chairmanship) is not a post as understood in service law. In Company Law, this is designation.

#TatasCyrusMistryDispute

Salve : Tata Sons Ltd is a company of considerable vintage. It was created in 1917.

CJI : Was it a public limited company?

Salve : Never. It has always been a private company.

#TataSons
#CyrusMistry

Salve : The curious thing which has happened in the case is that there is a provision in Tata Son's Articles which restricts the transfer of shares. It also has a remarkable feature that the Board could direct a shareholder to sell shares.

#TataSons
#CyrusMistry

A Supreme Court bench headed by CJI SA Bobde is hearing a PIL seeking the direction for the Ministry of Home Affairs, Law and Justice and Women and Child Development to make all the personal laws uniform.

Senior Adv. Pinky Anand is appearing for the Petitioners followed by Meenakshi Arora.
The plea seeks the removal of personal laws as they are discriminatory under Art. 14,15 and other provisions of International Covenants.

CJI: You want the abolishment of Personal Laws?
Pinky Anand: No
CJI: You are not saying it doesn't mean that's not the reality.

"You are asking us to encroach upon personal laws and remove the distinction that they create." CJI said.

Pinky Anand refers to the cases of Shayara Bano and Sarala Mudgal to argue that Courts on earlier occasions have struck down laws and gave directions for practices found to be unconstitutional.

TODAY AT 4.40 PM

Senior Adv Fali S Nariman's Lecture

On

"Becoming An

Event begins.
#Lecture #SeniorAdvocateFaliSNariman

Sr. Adv Nariman: My wife and I both love Kerala. For me speaking to students in Kerala is always a great pleasure.

Sr. Adv Nariman: Once you become an advocate, you become a student of law for life. Becoming an advocate is both a responsibility and a badge of honour.
#SrAdvFaliSNariman

Sr.Adv Nariman: The law in India will always remain English in origin. You must know English well. It is not an effort to make you anglicised but to make you established.

Delhi High Court is hearing a petition by Elsevier against Sci-Hub and LibGen seeking restraining orders on publication of articles which infringe the copyright of Elsevier.

LibGen is unrepresented before the court today as well.

Sr. Adv. Amit Sibal submits that these rogue websites call themselves pirate websites who do not concern themselves with copyrights.

Sibal: I have gone through the application of Sci-Hub, and it states that they are aware of copyright laws, but find them "oppressive".

#SciHub #LibGen

Sibal: A majority of the material we produce is available on subscription basis, while some material is available publicly.

The Delhi High Court begins hearing Chaitanya Rohilla's petition challenging Whatsapp's updated privacy policy.

Court asks the petitioner: What is your grievance? It's a private app, don't join it.

Court: What is the data you feel is going to be compromised?

Petitioner: Whatsapp shares information globally. Everything they gather from us is shared.

Court: Mr. Lal, there are two issues. One is that your personal messages are looked into and shared. Two is that your browsing history is shared.

Petitioner: They analyze browsing history and form an opinion about the user and share that.

Court: All apps do that.

Petitioner: In Europe and the US, Whatsapp gives an option to accept or reject the updated policy. But here in India, no such option is given.

Court: You have an option, don't use the app.

SSR Case Media Trial : Bombay High Court to pronounce verdict at 11 AM today on the PILs seeking regulation of 'media trial'. The PILs were filed in the context of reportage of Sushant Singh Rajput death case.

#BombayHighCourt
#SSRCase #MediaTrial

A division bench of Chief Justice Dipankar Dutta and Justice GS Kulkarni had reserved verdict on the PILs on November 6.
During the hearing, the bench made several sharp oral observations criticizing the media reports on #SSRCase.

Here is a recap :

#SushanthSinghRajput

(From October 29, 2020)

'Asking Public About Who To Be Arrested Is Investigative Journalism?' Bombay HC Asks Republic TV In SSR Media Trial Case -

@republic


(From October 21, 2020)

'If You Become Investigator, Prosecutor & Judge, Why Are We Here?' Bombay HC Expresses Concerns Over Media Trial

#SushanthSinghRajput
#SSR

(From October 23, 2020)

Media Highly Polarized Now; Journalists Were Responsible & Neutral In Past, Bombay High Court Says While Hearing SSR Media Trial

[WEBINAR]
Topic- Keys to Governance: Independence of Judiciary
The Webinar is being organized by India International Centre and D.S. Borker Memorial Foundation.
-Thursday 07 at 6:00PM-

Key Speakers:
1. Rtd. Justice Madan B Lokur, Former SC Judge
2. Tarunabh Khaitan, Vice Dean Faculty of Law, Oxford University
3. Maneka Guruswamy, Senior Advocate
4. N Ram, Former Editor in Chief, The Hindu
Moderator: Suhas Borker, Managing Trustee, DS Borker Memorial Foundation

The webinar has started.
Critical questions to be addressed in the webinar:
1. Is the SC performing its functions to defend the constitution satisfactorily?
2. Has the SC become an executive court?
3. Does the collegiums system ensure independence of judiciary?

4. Are post retirement benefits for judges compromising our judicial system?
5. Is there a need to increase the retirement age of judges?
6. Should there be a bar for restricting the post retirement jobs to judges?

7. How do you keep the government of the day at bay from exercising interference on the court?

Supreme Court Bench headed by Justice Ashok Bhushan will hear today pleas filed by director, producer, writer & actors of the web series Tandav to quash criminal proceedings initiated against them for allegedly hurting religious sentiments.

#Tandav @Mdzeeshanayyub @aliabbaszafar

The petition has been filed by Director @aliabbaszafar, Producer @iHimanshuMehra, Writer @_gauravsolanki, Actor @Mdzeeshanayyub and @PrimeVideoIN @amazonIN Original Head @aparna1502.

#Tandav #WebSeries #SupremeCourt

Last week, the Bombay HC had granted transit anticipatory bail to Tandav web series director Ali Abbas Zafar, producer Himanshu Mehra, Amazon content head Aparna Purohit and writer Gaurav Solanki enabling them to seek regular pre-arrest bail from Uttar Pradesh.

#Tandav

Details of the Bombay HC order can be found here. 👇🏽

‘Tandav' Series Row : Bombay High Court Grants Transit Pre-Arrest Bail To Director, Producer, Writer, Amazon Content Head

#Tandav #SupremeCourt @Mdzeeshanayyub @aliabbaszafar

Sr. Adv. Fali S. Nariman will be appearing in the matter.

#Tandav #SupremeCourt @PrimeVideoIN @Mdzeeshanayyub @aliabbaszafar