A collection of articles putting out nuanced opinions on the #straydogs 🐕 issue currently being suo moto taken up by the Hon'ble Supreme Court.
A thread🧵:
@parasnsingh95 That's correct. Resignation by a judge of HC/SC is effective immediately upon his writing to the President. He is not a Judge of HC anymore. The proceedings in Parliament are inconsequential now.
@iamkverma Yes, that's a problem in so many courts. The Delhi High Court & District Courts, thankfully don't have such an arrangement. All hearings are viewable by all.
There's definitely a need to create a Court of Appeals, or maybe Circuit Benches of SC.
In fact, the INC manifesto for 2024 LS elections had proposed amending the Constitution to create 2 divisions in SC - one, a Constitutional Court and another, a Court of Appeal.
The Constitutional Court would hear only cases involving constitutional and significant legal questions, and the Court of Appeals would be the final court for hearing appeals from the HCs etc.
@SethHasit True. In fact, a civil suit against a municipal corporation is always possible, but that would take ages. Also high time to do away with Sec. 80 CPC.
@sone_do_mujhe True, this has been an age old demand now.
In fact, one of the points in the Congress manifesto for 2024 LS elections was that if elected, they would enact a separate law on bail based on the principle - bail as the rule, and jail as the exception for all criminal laws.
Couldn't agree more with the @EconomicTimes editorial today describing the suspension of the entire @telegram platform as - "In its rather finite wisdom, MeitY has decided to treat dandruff by cutting off the head..."
The 'ban' is commercially reckless and legally questionable, and adds to a series of instances of disproportionate use of Section 69A of the IT Act by the authorities. Pulling the plug on 150 million users in an instant is not proportional. It is an unfortunate administrative convenience dressed up as enforcement.
The separate MeitY direction ordering Telegram to disable its message-editing feature is in an entirely different category which is not provided in law. Section 69A authorises blocking access to information. It says nothing about compelling a platform to alter its product architecture, that too on such short notice. This should concern every tech business operating in the country.
The authorities do not realise that the commercial damage is not abstract. There are educators running paid learning communities, businesses managing customer channels, creators monetising their content. All have had their operations disrupted overnight, without notice, without a hearing, and with no mechanism for immediate redressal.
The government's frustration with NEET paper leaks is understandable, but Telegram had, by its own account, already been removing offending channels proactively. A cooperative, targeted enforcement approach was available and was apparently being pursued. The legal question arises - can an entire platform and its business be banned or suspended without notice, despite the fact that it would have complied with all directions of the authorities ?
If authorities reach for the harshest available instrument even when the situation does not demand so, the message sent to the digital economy is not one of firmness, but one of unpredictability.
The ban may get lifted soon. The legal & economic questions it raises will outlast it.
@durov isn't wrong in raising concerns.
https://t.co/mg2ktVYbvU
A collection of articles putting out nuanced opinions on the #straydogs 🐕 issue currently being suo moto taken up by the Hon'ble Supreme Court.
A thread🧵:
Enforcement Directorate moves the Supreme Court through a Article 32 writ alleging interference by the West Bengal government and CM Mamata Banerjee in the I-PAC coal scam probe. ED seeks a Central Bureau of Investigation inquiry, claiming its investigative autonomy was compromised @dir_ed #SupremeCourtofIndia #IPAC
@MamataOfficial
Stray dogs case: Let public, educational institutions start their own animals cells and not bank on municipal authorities, one of nation’s oldest law centre tells SC - https://t.co/7wGFdwoFn3 For the best experience read this on The Hindu App. https://t.co/MymhpQItY3