BC WEBINER
Saved by @Alex1Powell

Webinar on “Protection of witnesses and whistleblowers: Strengthening the Frameworks” organised by DSNLU Vishakhapatnam and Confederation of Alumni for National Law Universities (CAN Foundation) will begin shortly.

@CANFoundation19

 Justice AKJ Nambiar of Kerala High Court, Justice Dr. PS Bhati of Rajasthan High Court and Senior Advocate Siddharth Bhatnagar will share their point of view.

Advocates Sriram Parakkat and Vishwajeet Singh will moderate and Prof. (Dr.) S. Surya Prakash will give welcome address.
Session begins.

Shivang Dubey introduces the topic of the session and the panelists.
A presentation is being played to give a background on the CAN Foundation.

@CANFoundation19
Prof. (Dr.) S. Surya Prakash, Vice Chancellor of DSNLU begins his welcome address.
Dr. Prakash states that considering the volume of work that High Court judges have and the back breaking burden, states and the Central government have to do tackle the burden on administration of justice.

@DSNLU
He adds that there are a variety of judgments where depending upon the nature of the offences the judges have considered the cases before them.

Dr. Prakash: For instance, a public prosecutor who was charged u/S.307 IPC, his appointment as PP was cancelled.
There is no doubt that witnesses have to be protected. A classic case showcasing this is the Salman Khan case, says Dr. Prakash.

There were 27 prosecution witnesses, only 1 is by defence: Dr. Prakash.
Dr. Prakash: HC judgment running into 50,000 words acquitted him. Sessions Court convicted him under charges of IPC and Motor Vehicles Act.

His personal bodyguard was no more, the original FIR was missing and you see quite a number of lapses in the judgment of HC.
Dr. Prakash: His driver was introduced into the proceedings after 13 years.
This is a black face in the history of High Court of Bombay. Bombay Bar has given legal luminaries. The High Court has given luminaries.

This judgment however has disturbed me, says Dr. Prakash.
*This is a black phase
Dr. Prakash concludes his address.

Justice AKJ Nambiyar from Kerala High court begins his address.
He congratulates CAN Foundation for their work.

It will enable students, especially underprivileged to continue their law school education, Justice Nambiyar says.
Justice Nambiyar: What is a witness protection scheme? It is a programme where people are willing to speak against accused.

A witness coming forth is seen as an attribute of good citizenship.
It becomes obligatory on the state then to protect him in order to bring the offender to Justice, he adds.
Justice Nambiyar adds: Globally, I won’t talk of countries which have them, because there are many.

But the framework is that there is a legislation in place keeping the objective of the act.

It is not in every criminal case, because the cost is borne by thestate.
Justice Nambiyar: Lets say there is a bomb thrown in the mob. Here there are many witnesses. There could also be a case where the witness may not know the accused and vice versa.
Justice Nambiyar: But then there are cases where the accused and the witnesses know each other.

So most witness programmes categorise the witness protection required.
Justice Nambiyar: You have to also consider the witness whom you are protecting. For instance in a terrorist group, one of the terrorist may be the witness.
Justice Nambiyar: Most programmes also talk of funds, because the public money goes in this, to improve the efficiency.

In India the additional problem comes due to the volume of the population.

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TATA v MISTRY [Day 6]

Hearing to resume before Supreme Court in a short while from now.

@tatatrusts
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Senior counsel Shyam Divan begins arguments on behalf of Shapoorji Pallonji group.

@tatatrusts @TataCompanies


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This case is about corporate governance. We have moved from corporate democracy to a much richer corporate governance under the amended Companies Act: Divan

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The management of company is the board. The most crucial obligation imposed on Director now is that the director is a fiduciary. A fiduciary's allegiance is to the company alone: Divan

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Lack of probity is much broader than financial irregularities.

The long relationship between the two groups developed over decades. It developed in the context of a statutory framework which restricted the role of private trust: Divan.
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TATA v MISTRY

Hearing to resume today in Supreme Court. Senior Advocate CA Sundaram to continue arguments on behalf of Shapoorji Pallonji firms.

Follow this thread for live updates from court.

@tatatrusts @TataCompanies

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Bench headed by Chief Justice of India SA Bobde assembles.

Hearing commences.

@tatatrusts @TataCompanies

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CJI SA Bobde announces that over the weekend he discovered his son who is practicing in Mumbai has been appearing for the last 2 years in a slum rehabilitation matter for a subsidiary company of Shapoorji Pallonji group.

@tatatrusts

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CJI asks whether Harish Salve, Dr Singhvi or CA Sundaram has any objections to CJI hearing the matter.

None of them object. The same is recorded by the Court.

Hearing continues.

#SupremeCourt

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CJI says such issues could cause potential problems in future.

Sundaram continues with his arguments.

@tatatrusts @TataCompanies
LAW
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Bar & Bench
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@barandbench
Hearing in MJ Akbar's criminal defamation case against Priya Ramani to begin before Additional Chief Metropolitan Magistrate Ravindra K Pandey.

After the transfer of Judge Vishal Pahuja, parties are making arguments afresh.

#MeToo #PriyaRamani #MJAkbar #Metooindia

@mjakbar


Hearing begins.

#MJAkbar #PriyaRamani

#MeToo

@mjakbar

Senior Advocate Rebecca John for Priya Ramani begins.

John sums up the submissions made by her in the previous hearings.

It is my truth, made in public interest and good faith: John

#PriyaRamani
CRIME
Bar & Bench
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@barandbench
#BombayHighCourt begins hearing the plea of Sunaina Holey accused of making objectionable statements against Maharastra Chief Minister Uddhav Thackeray and Cabinet Minister Aaditya Thackeray.

@SunainaHoley
@OfficeofUT
@AUThackeray
@CMOMaharashtra
@MumbaiPolice


Adv. Abhinav Chandrachud answers the query of the court asking the parties to present the stand of other democratic countries on the statements made on WhatsApp or Twitter.

Chandrachud relied upon judgments of US Courts to submit that when similar statments against the government were made, a US court took a stand that the statement needs to be rectified and not arrested.

Chandrachud relied upon the judgment of the Supreme Court in the matter of Amish Devgan wherein the court observed that if it is a prominent person like a news channel anchor or a public figure, they have to observe higher amount of responsibility before making statement.

Chandrachud: My client (@SunainaHoley ) is not a public figure and hence her statements if incorrect can be rectified by the concerned authority. She need not be arrested.
LAW
Bar & Bench
Bar & Bench
@barandbench
Delhi High Court begins hearing PILs seeking recognition of same-sex marriages under the Hindu Marriage Act, the Special Marriage Act and the Foreign Marriage Act.

#DelhiHighCourt #samesexmarriage #marriage


PIL with respect to Hindu Marriage Act has been preferred by Abhjit Iyer Mitra, Gopi Shankar M, Giti Thadani and G Oorvasi.

PIL with respect to Special Marriage Act is by Dr Kavita Arora and her partner, Ankita Khanna.

#samesexmarriage

@Iyervval

Petitioners in Foreign Marriage Act PIL are Vaibhav Jain and his partner, Parag Vijay Mehta.

Petitions are before Division Bench of Justices Rajiv Sahai Endlaw and Sanjeev Narula.

#samesexmarriage

Are pleadings complete? : Court

No reply has been filed : Counsel

Counsel for UOI , Nehul Sharma: We need three weeks time.
INDIA

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