Lawyer, Supreme Court and Delhi High Court | Technology Law + Public Law I Ex @InternetFreedom I Ex-Cambridge, JGLS, Delhi University
Joined June 2011
- Tweets751
- Following609
- Followers892
- Likes1.8K
At 21:30 - Justice Kaul says that as a matter of practice - the then CJI discussed names for elevation with the government even before they were put to the collegium.
Justice Sanjay Kishan Kaul says that Chief Justice D.Y. Chandrachud was more deferential to the government than was necessary. He has also mentioned that he was summoned by D.Y. Chandrachud to his chambers regarding a pending matter.
youtu.be/hYqk09yiwxk
Krishnesh retweeted
🚨 URGENT 🚨 October 23, 9.15 PM
24 protestors detained from Bangla Sahib this afternoon were taken to Dwarka Sec 23 Police Stn and have STILL NOT BEEN RELEASED!
This list of 24 includes a WOMAN and several young people from outside Delhi! RT & amplify. SHAME ON @DelhiPolice
Krishnesh retweeted
Admittedly, there are some cases where bad legal strategy determines an outcome.
Then there are cases where you can put up Cicero himself to argue and it won’t make any difference to the outcome.
It’s generally quite easy to tell which is which, with some common sense.
This Post is from an account that no longer exists. Learn more
So Home Ministry has had to apologise to Courts so often that they have a template in contempt petitions which begins with an apology!
Don’t apologise if you don’t mean it.
Some media organisations report that the Union Home Secretary has tendered an unconditional apology to the Honourable Supreme Court in response to a contempt notice. In this regard, this is to state:
Whenever a contempt notice is issued by the Honourable Supreme Court, it is required that the party responding to the notice must begin their affidavit with an unconditional apology. Only thereafter all other facts and arguments are presented. This is mandatorily followed in every contempt petition.
Following this practice, the first paragraph of the affidavits filed by the Home Secretary, Commissioner of Police, and other concerned officials complied with this requirement.
Thereafter, detailed particulars in the affidavit have been furnished, by which it has been clearly established that all actions taken by the Government and the Police are fully compliant with the law, and no case of contempt is made out against them.
Krishnesh retweeted
So basically every apology the MHA has ever tendered to a court in a contempt petition was false. They never meant it- it was to mislead the court into thinking it was sorry. This tweet is on its own grounds for thousands of fresh contempts in contempt petitions that were closed on the basis of such apologies. #SorryNotSorry
Some media organisations report that the Union Home Secretary has tendered an unconditional apology to the Honourable Supreme Court in response to a contempt notice. In this regard, this is to state:
Whenever a contempt notice is issued by the Honourable Supreme Court, it is required that the party responding to the notice must begin their affidavit with an unconditional apology. Only thereafter all other facts and arguments are presented. This is mandatorily followed in every contempt petition.
Following this practice, the first paragraph of the affidavits filed by the Home Secretary, Commissioner of Police, and other concerned officials complied with this requirement.
Thereafter, detailed particulars in the affidavit have been furnished, by which it has been clearly established that all actions taken by the Government and the Police are fully compliant with the law, and no case of contempt is made out against them.
Jantar Mantar's 'de-notification' does not have any basis in law. It is *still* legal for groups of 5+ to assemble & protest.
The NDMC area has a perpetual s.163 order in force—but, Jantar Mantar continues to be an exempted space, and hence, the ‘designated’ protest site. 1/7
@DelhiPolice justifies its decision through Oct 9 SC order, where authorities were asked to consider alternative sites w basic amenities.
This order does not direct JM’s closure. It does not permit the police to push protests out of Central Delhi. 6/7
indiankanoon.org/doc/2663624…
In any case, at least until October 21, the right to protest at Jantar Mantar exists, and can legally be exercised—even as per @DelhiPolice's own order. 7/7
Krishnesh retweeted
This is the most horrific detention story you will hear today.
At 8 PM, this bus stopped at a community centre in Pandwalan Khurd (see photo).
Detainees fractured. Four minors present. Everyone barbarically beaten up. No lawyers allowed to enter.
This is how we got here. ⬇️
Krishnesh retweeted
Funny how the SG is always so well appraised of the facts on the ground but needs to be served a copy of the petitions to respond to the arguments
Order: Mr Mehta has on instructions submitted that the internet facilities in the city has since been restored and all metro stations and trains are fully functional. He also assures that lawyers, journalists and other professionals shall not be impeded in discharge of professional duties. Taking note, we direct -
(i) Metro and rail facilities shall function normally until and unless regulations required to be imposed keeping in mind disturbance to public order as under Art. 19(2)
(ii) Free movement of people in the city shall be permitted subject to traffic regulations. Imposition of barricades shall be reviewed forthwith keeping in mind law and order and other traffic conditions.
(iii). Internet facilities shall remain undisturbed (J Bagchi- we are not taking away powers under IT Act)
(iv) Smooth movement of people in the city shall be permitted in accordance with law.
(v) There shall not be detention save and except by procedure established by law, particularly with respect to assemblage of peaceful, unarmed people beyond the area where S.163 BNSS is in operation.
On S.163 around SC: We direct authority to take down the board if not already done, so that there is no apprehension with regard to access to justice (including ingress/egress) to any court of law
A counsel: police officers must have badges!
So now two prime ministers who have imposed emergencies have airports after them in Dehi NCR.
The Noida airport in Jewar, Uttar Pradesh, has been named Narendra Modi International Airport.
🔗 indianexpress.com/article/in…
Krishnesh retweeted
🚨 THIS IS AN EMERGENCY 🚨
IT HAS BEEN 10 HOURS SINCE DELHI POLICE ABDUCTED ABHIJEET DIPKE ASHUTOSH RANKA AND SAURAV DAS.
WE STILL DON’T KKOW WHERE THEY ARE, WE HAVE NO CONTACT WITH THEM.
WHERE IS DELHI POLICE HOLDING THEM? HOW CAN IT BE ACCEPTABLE TO ABDUCT SOMEONE LIKE THIS?
Krishnesh retweeted
Shadan Farasat is a first rate man and an excellent lawyer with a thriving practice. He is one of the youngest senior counsel ever designated by the SC. He is a member of the SCBA as well. He is a man who fights for what he believes is right and refuses to kowtow to bullies. I am proud to call him a friend and hope that his courage and fortitude inspire many others at the bar to stop sitting on the fence.
Lawyers are supposed to stand for the rights of the oppressed. When they do that- good things like Indian Independence result. When they don’t they cease to be lawyers.
@NLSIUofficial @gautambhatia88 @abhinavsekhri10 @vrindagrover
