BC COURT
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Supreme Court Bench headed by CJI SA Bobde will shortly consider today a batch of PILs seeking removal of farmers protesting at Delhi borders against farm laws.

#FarmersProtests #SupremeCourt #FarmLaws2020

 Solicitor-General Tushar Mehta submits that he has received a message from Sr. Adv. Harish Salve to be unmuted.

#FarmersProtests #SupremeCourt #FarmLaws2020
CJI: Why are you commenting on the Courtmaster ? We are asking is Mr. Salve appearing in the matter.

SG: I just received a message.

CJI: We don’t have any information of him appearing.

#FarmersProtests #SupremeCourt #FarmLaws2020
Adv. Dushyant Tiwari begins submissions: You have already passed a judgement in the Amit Sahni case (Shaheen Bagh judgement). Please look at Para 19.

#FarmersProtests #SupremeCourt #FarmLaws2020
SG once again requests the Court to unmute Salve.

Courtmaster informs CJI that no AOR has informed of Salve’s appearance.

#FarmersProtests #SupremeCourt #FarmLaws2020
There seems to be confusion pertaining to Salve’s appearance as the Courtmaster states that no information regarding his appearance has been given for the current matters.

Tiwari continues his submissions.
Tiwari: Petitioner is not a farmer, he’s a law student.

CJI: This is such an important matter. Why can’t you argue it properly ? We are asking, what is your standing, your issues and your prayer.

#FarmersProtests #SupremeCourt #FarmLaws2020
SG interrupts the proceeding: I apologise. Mr. Salve has sent another message, seeking to assist in the current matter. He says that he has a similar case.

CJI: Please don’t interrupt us, there’s no case of Salve before us.
CJI: If there is any case, we will hear him. But, he has no case before us.

Om Prakash Parihar makes submissions now.

#FarmersProtests #SupremeCourt #FarmLaws2020
Parihar compares the situation in Shaheen Bagh and the Farmer’s protests.

CJI: How many people had blocked the road there ? Will the number of people not determine this ? Who will take responsibility ? There can be no precedent in law and order situation.
Adv. Reepak Kansal now appears.

CJI asks the Petitioners if the organisations have been added. Parihar responds that there is no information of the organisations.

#FarmersProtests #SupremeCourt #FarmLaws2020
CJI: Check the newspaper reports, the organisations are present.

Parihar: Then the Court will say that we are relying on newspaper reports and dismiss this.

CJI: You should be assisting the Court. Don’t unnecessarily argue with us.
Kansal submits that there should be a balance: There is no free movement. Ambulances cannot go. This a violation of Article 19(1)(a),(b) and (c).

#FarmersProtests #SupremeCourt #FarmLaws2020
Adv. GS Mani makes submissions and he states that he has land in Tamil Nadu, and that he is aware of the farmers’ pain as he himself has cultivated land when he goes there.

“I don’t know if this is the farmer’s fault or the government’s fault”.

#FarmersProtests #SupremeCourt
CJI: Will you keep quiet and listen ? You say that you know the pain of the farmers of Punjab and Haryana because you have land in Tamil Nadu ? What do you know ?

Mani submits that he knows the pain of protesting in the peak cold.

#FarmersProtests #SupremeCourt #FarmLaws2020
Mani: My prayer is to ensure fundamental rights are available to the fellow farmers. That they are provided basic amenities.

#FarmersProtests #SupremeCourt #FarmLaws2020
CJI: Mr. SG, we see that the petitions are ill-conceived and there are no legal issues before us. The only party before us who has blocked the road is you.

SG: I have not blocked the road.
CJI: No, no, no. Who has blocked the road ?

SG: The farmers are protesting and roads have been blocked by Delhi Police.

CJI: So, the only party who is actually on ground is you.

#FarmersProtests #SupremeCourt #FarmLaws2020
CJI: Who are the parties who are heading the protests ?

SG: Bhartiya Kisan Union. The government will not do anything against the interest of farmers. Sit with the government clause by clause, then there can be a discussion or debate with an open mind.
CJI: Your negotiation does not work apparently. You should be willing to negotiate and we should have a farmer before us who is also willing to negotiate ! Give us the name of the Union.

SG: I can give you the name within ten minutes. Immediately I can think of Bhartiya Kisan.
CJI tells Parihar that liberty will be given to him to join the party.

Adv. Rahul Mehra, GNCTD appears: No efforts have been made to check the veracity of the claims of the Petitioners and to show the authenticity.
Mehra: They are in severe winters. They are here because of compulsion. This is not out of choice.

SG: He seems to be appearing for some farmer organisation.

Mehra: I can also say that you are appearing for something else.
CJI: There is only the difference of one letter in your surnames - Mehra and Mehta. Whatever you want to say, say it to each other outside of court.

SG: Yes, we will talk over call.

#FarmersProtests #SupremeCourt #FarmLaws2020
Supreme Court informs the SG that tentatively a Committee will be formed with members of all farmers organisations from the rest of India.

“Otherwise this will soon become a national issue. It seems government may not be able to work out”.
Bench: Permission to implead farmer organizations allowed. Issue notice, returnable tomorrow.

#FarmersProtests #FarmLaws2020 #SupremeCourt

More from Live Law

Live Law
Live Law
@LiveLawIndia
Crucial hearing in the farmers protests cases in the Supreme Court today.

A bench headed by Chief Justice of India will hear the cases post 11 AM.

#FarmersProtest
#FarmLaws


The Delhi police has filed an injunction application to stop the proposed tractor rally by protesting farmers on the Republic Day.

On January 12, the SC had issued notice on the petition. It will be considered today.

#FarmersProtest

In another significant development, one farmers' union, Bhartiya Kisan Union Lokshakti, filed an application seeking the complete reconstitution of the Committee constituted by the SC for negotiations. One member, BS Mann, had recused earlier.

On Jan 12, the top court had stayed the implementation of the farm laws after observing that the Centre has failed in its negotiations. The SC also constituted a committee for talks. However, the protesting unions said they will not appear before the committee.

#FarmersProtest

The SC observed in its order that the staying the implementation will "assuage hurt feelings of farmers" and will "encourage them to return".

Read Summary Of Supreme Court Directions

#FarmersProtest #FarmLaws
INDIA
Live Law
Live Law
@LiveLawIndia
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.
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Live Law
Live Law
@LiveLawIndia
A Bombay High Court Bench of Justices SS Shinde and Manish Pitale will shortly hear a petition filed by Poet Dr. Varavara Rao’s wife seeking his release on medical grounds


Sr adv Anand Grover submits that except for the first medical record of Varavara Rao's JJ Hospital admission, the State has submitted all other medical records

J Shinde - Bail has been applied on medical ground.

Asg - his present condition has to be seen.

J Shinde - If they want to argue after bringing all the medical records they should be allowed to do so.

ASG- The latest report doesnt show dementia

J Manish Pitale- Can dementia go backward in time Mr. Singh? Can a patient become devoid of dementia?
INDIA
Live Law
Live Law
@LiveLawIndia
#Thread on #HijabCase judgment of Karnataka HC. Relevant observations :
"The Holy Quran does not mandate wearing of #hijab or headgear for Muslim women. Whatever is stated in the above sūras, we say, is only directory , because of absence of prescription of penalty or penance.."


"...for not wearing #hijab, the linguistic structure of verses supports this view.

"This apparel at the most is a means to gain access to public places & not a religious end in itself. It was a measure of women enablement and not a figurative constraint" - Karnataka High Court

#Hijab at most a cultural practice.

"Regard being had to the kind of life conditions then obtaining in the region concerned, wearing hijab was recommended as a measure of social security for women & to facilitate their safe access to public domain"- Karnataka High Court

"At the most the practice of wearing this apparel may have something to do with culture but certainly not with religion" - Karnataka High Court in #HijabVerdict


"Thus, it can be reasonably assumed that the practice of wearing hijab had a thick nexus to the socio-cultural conditions then prevalent in the region. The veil was a safe means for the women to leave the confines of their homes" - Karnataka High Court in #HijabRow case
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Live Law
Live Law
@LiveLawIndia
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.
INDIA

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Mike Dunford
Mike Dunford
@questauthority
Texas - WTF is this even - a very short reassurance thread:

1: The Texas "lawusit" against four other "battleground" states in the United States Supreme Court is legally stupid.* It is so legally stupid that I was reluctant to believe that even Ken Paxton would file it.

*My patience level is not ginormous today. Please don't try to explain to me why you think it isn't stupid for whatever other reasons because I'll be making liberal use of the airlock. Thx.

2: Yes, one state can sue another at the US Supreme Court. However, the Supreme Court gets to decide whether to take the case. One factor that they will **undoubtedly** look at is the factor of "injury."

Texas is claiming two things. First, that the states have a special interest in who becomes Vice President because of the tiebreaker. Second, that their electors are injured if their votes are "diluted" by electors from states that, in Texas's view, didn't obey their own law.


There is very little argument presented for "injury." Even less - barely a paragraph - was presented for how the defendant states caused that injury.

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Live Law
Live Law
@LiveLawIndia
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.
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#SupremeCourt bench led by Justice Ashok will today take up plea(s) seeking extension of loan moratorium owing to the pandemic alongwith sector-specific plea’s.

@RBI
#loan
#loanmoratorium #ExtendMoratorium


Senior Advocate Ravindra Srivastava is making rejoinder submissions.
He says that no authority seems to be looking into the grievances of the borrowers.

Srivastava : Govt and RBI have come up with measures - for small borrowers (for loans up to 2 crores) on which I made submissions regarding discrimination.

They have shown nothing on record to prove why this was done, Srivastava says

Srivastava says that the intervention application of the IBA and the SBI circulars have been signed by the Deputy Managing Director but nowhere it has been stipulated to be a Board Approved policy.
COURT
braingarbage
braingarbage
@braingarbage
The Inauguration of Mike Schmidt as Multnomah County District Attorney https://t.co/TcTmKyY0dz via @YouTube how would
"broken windows social theory"
interpret the prominent placement of pedophile #MattHennessee

in

Multnomah District Attorney ceremony and propaganda?

The broken windows theory is a criminological theory that states that visible signs of crime, anti-social behavior, and civil disorder create an urban environment that encourages further crime and disorder, including serious crimes.
COURT
braingarbage
braingarbage
@braingarbage
@LauraJedeed for the record nick lee @econbrkfst started bullying when a close friend was diagnosed with coronavirus. in respect of the tragic circumstances, i asked to be left alone. instead, econbrkfst bullied me mercilessly. my friend has died.

i don't think its reasonable to bully people, endanger them, violate their privacy, ridicule them, etc, as they process the death of their friends. if you knew the circumstances---which i tried to keep private---you would know why i feel injured by econbrkfst's harassment of me.

thank you for respecting my grieving at this time. i ask you to step back and not jump into any witch trial mob initiated by nick lee at @econbrkfst against me, or especially, black women. @twittersupport @twittersafety
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