Gaurish Dwivedi

Lawyer|| RGNUL' 22 || Cheerful and Versatile|| Fascinated by Cricket, Politics, Music, Philosophy and Poetry |

[Aviral Mishra @misrainka_ladka]

Never thought in my life that the debate around defects in filing would be the mainstream issue, khair acha hi hai, you will understand the pain of lawyers. As it is said, the biggest hurdle to approaching any Court is it's registry! 😂

[Gaurish Dwivedi @babagaurish]

Got aggressive in Delhi traffic today.
Forgot I’m surviving on 1,800 calories.
Even my anger is in deficit.

[Mayawati @Mayawati]

विश्वविद्यालय अनुदान आयोग, यूजीसी द्वारा देश के सरकारी व निजी विश्वविद्यालयों मे जातिवादी घटनाओं को रोकने के लिए जो नये नियम लागू किये गये है, जिससे सामाजिक तनाव का वातावरण पैदा हो गया है। ऐसे वर्तमान हालात के मद्देनजर रखते हुये माननीय सुप्रीम कोर्ट का यूजीसी के नये नियम पर रोक लगाने का आज का फैसला उचित
जबकि देश में, इस मामले में सामाजिक तनाव आदि का वातावरण पैदा ही नहीं होता अगर यूजीसी नये नियम को लागू करने से पहले सभी पक्ष को विश्वास में ले लेती और जाॅच कमेटी आदि में भी अपरकास्ट समाज को नेचुरल जस्टिस के अन्तर्गत उचित प्रतिनिधित्व दे देती।

[Ghar Ke Kalesh @gharkekalesh]

10 PM, foreign woman lost & terrified — Google Maps failed.
No one around… until Rapido rider Sindhu Kumari stopped, calmed her & safely dropped her to Hotel Coconut🫡

[THE SKIN DOCTOR @theskindoctor13]

Sohan, a Class 12 student, was travelling by bus to visit relatives when it was abruptly stopped near Malhargarh (MP). A few men, later identified as cops, boarded the bus and dragged him off in full public view.

There was no explanation, no warrant, and no prior FIR. He was picked up merely on suspicion of carrying drugs, despite being arrested completely empty-handed.

When the police realised no drugs had been recovered, they chose not to let their “seamless operation” go to waste. They planted 2.7 kg of opium, said to be seized in another case, on Sohan, registered an FIR showing recovery from him, and told the media they had busted a major narcotics syndicate. He was then produced in court and sent to jail.

What they failed to anticipate was that the bus had CCTV, which clearly showed Sohan being taken away empty-handed, pointing to planted evidence. When the video went viral, the police initially denied that the men were cops, only worsening their position.

The case reached the High Court, which summoned the SP. The SP admitted that Malhargarh police acted illegally and outside the law, apologised, and ordered a departmental inquiry against the officers involved. Sohan was released after two months of illegal detention.

Ironically, Malhargarh police station had been awarded as one of the best in the country by the Home Minister. If this is how the “best” station works, one can only imagine the rest. It is frightening how easily the police can ruin a life in this country. Without CCTV, Sohan’s life would have been destroyed forever.

[Gaurish Dwivedi @babagaurish]

@Peakkohlism @bholination 73

[Gaurish Dwivedi @babagaurish]

😂😂😂😂😂

[Nature is Phenomenal @AnimalGeoLife]

Bro felt it for the first time 🐿️🥹

[Gaurish Dwivedi @babagaurish]

@qrsupport @qatarairways @JM_Scindia @MoCA_GoI please check your DM

[Gaurish Dwivedi @babagaurish]

@qatarairways @JM_Scindia @MoCA_GoI Urgent! Baggage #157699568M containing life-saving medicines for an elderly couple, It was there at JFK Airport, but not found in Delhi. PIR No: R68AQO, Passport No: T2602016. Please help us locate it urgently!

[Gaurish Dwivedi @babagaurish]

Rome wasn’t built in a day, neither my hatred for those fake dog lovers who cherish dogs but eat all other animals.

[Jeetender Gupta @jguptallb]

No offence. How many self proclaimed #StrayDog lovers are also hard core non vegetarians. I hope that they know that animals are deliberately killed and slaughtered for being served as non veg dishes. #AnimalLivesMatter should be in every manner. Can't be selective outrage.

[THE SKIN DOCTOR @theskindoctor13]

I think there’s enough evidence now to say that the preferred vehicle for most psychos who are low on budget is Thar.

Take this Thar driver: driving on the wrong side, knocks down an elderly man on a scooty, then instead of feeling guilty, comes back and hits him again. Still not satisfied, he gets out, hurls abuses, and drives off like nothing happened.

Wish we had a policy to confiscate and scrap the rowdy vehicle, and give the scrap money as compensation to the victim. This was a perfect case.

[THE SKIN DOCTOR @theskindoctor13]

Bharat ek irony pradhan desh hai.

[Bharat Chugh @advbharatchugh]

Such an important verdict. I can’t agree more.

I still recall that, as a 24 year old Magistrate, who was always interested in exploring interesting (and yet unsettled!) questions of law, I once made a Reference on a legal question (on which there was, imho, a conflict of opinion amongst HC decisions) to the High Court. (This was on the question of legality, method, and enforceability of mediation settlements in compoundable criminal cases. More on this some other day!)

While this was specifically permitted under the CrPC (& CPC) and also extremely desirable for legal certainty and guidance of trial courts, it was not - practically - encouraged at all.

The general sentiment (undoubtedly of people who have one’s best interests at heart) was that this :
* would not be seen in the right light by the High Court; and
* you may end up ‘drawing too much attention’; and - most importantly :
* You may end being perceived as ‘too smart’ or - even - as a challenge to the HC - that you know better on a given legal issue.

I was shocked. It was anything but this and - fortunately for me - as it turns out - the reference in question was well received, acknowledged and appreciated.

But this reflects a deeper problem.

An entrenched attitude (for a number of reasons in which I may go some day!) of conservatism, intellectual inferiority complex, lack of dialogue and free-exchange of ideas (and regular feedback) and mentorship between the HC and the Trial Courts. (I was very fortunate to have the mentorship of some of the most legendary judges of our time (who recognised my judgments, articles, etc.) but very Trial Court judges have that and it’s - frankly - sad because there’s so much that one can learn from their lifetime’s wealth and breadth of experience).

As a result of this, and other reasons very well spelt-out in the judgement, something as important as the trial court’s power to make a Reference has - in a lot of ways, remain a dead letter on the statute books across the country. I’ve been arguing at various Judicial Academies on how we can use these provisions to have greater legal certainty and streamline working at the Trial Court level on a number of procedural and substantive issues which would then - help with pendency and cut down appeals.

Trial Court judges seldom make these References, despite being the courts - where the lack of legal certainty and guidance is felt most acutely.

I think this is an important verdict which may help change attitudes and empower Trial Courts more - who are often the first and last resort courts for most of the country, and the first brand ambassadors of Justice......

[Gaurish Dwivedi @babagaurish]

Hi
@grok
based on your analysis, list 10 accounts in order that frequently visit my profile. don't mention the people, just @.username along with how many times a week they visit the profile.

[Sai Deepak J @jsaideepak]

1.Unfortunate engagement farming by @barandbench.As a Senior Advocate,even if the briefing counsel or translator makes an error,it is my duty to tender an apology on their behalf without pointing fingers in Court.After all,a Senior Advocate doesn't file or translate documents.

[तस्वीरों में इतिहास @HistoryViaPics]

तक्षशिला के आचार्य चाणक्य को अपमानित करते मगध नरेश धनानंद।

(स्थान - पाटलिपुत्र, समय - 322 ईसा पूर्व)

[Vats @VatsMusings]

A Person born in a resource starved country will always chase Status, Power, Stability so as to have better access to resources. A person born in an affluent place will chase Art, culture, Literature, risk , thrill.

There is no final truth in life,it all depends on your context.

[THE SKIN DOCTOR @theskindoctor13]

A Yamuna Bridge on NH-34 remains closed for vehicles every weekend for maintenance in Hamirpur (UP).

Enforcement so strict that an ambulance carrying a labourer’s mother’s dead body was stopped despite his pleas. He had to carry it on a stretcher for 1 km.

Looks insensitive, but it can still be deemed acceptable as rules are rules. What’s not acceptable is that a BJP MLA’s car was allowed to cross the same bridge after it was closed. Just a week ago, a principal secretary and a district officials' cavalcade were also permitted.

It seems we are still living in the British Raj, where rules differ for the ruling class and the common people.