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First Hearing On Citizenship Amendment Act Challenge Before SC [Courtroom Exchange]

Mehal Jain

18 Dec 2019 9:57 AM GMT

    • First Hearing On Citizenship Amendment Act Challenge Before SC [Courtroom Exchange]

    The Supreme Court on Wednesday issued notice on and listing the string of petitions challenging its constitutionality to be heard in the third week of January.As the matter came up before the bench headed by Chief Justice S. A. Bobde, a battery of lawyers who appeared for the Petitioners from Assam embarked on the attempt to seek the audience of the court simultaneously- "Let it not...

    The Supreme Court on Wednesday issued notice on and listing the string of petitions challenging its constitutionality to be heard in the third week of January.

    As the matter came up before the bench headed by Chief Justice S. A. Bobde, a battery of lawyers who appeared for the Petitioners from Assam embarked on the attempt to seek the audience of the court simultaneously- "Let it not be implemented!"
    "5 students in the North-east have died!"
    "The date has not been notified and the Rules have not been prescribed!"
    "There are 4 judgment which say the Act cannot be stayed", contended AG K. K. Venugopal.
    "There is no question of stay as the Act has not come in to force yet...let it be heard in January", submitted Senior Advocate Rajeev Dhawan, on the petitioners side.
    "We have nothing to say right now", agreed Senior Counsel Kapil Sibal. A lawyer, however, insisted on advancing Assam's case vehemently- "Assam is burning!"
    "No, we will not give a stay, let alone a selective stay! We will not hear this matter today", observed CJ Bobde.
    Further, BJP leader and Supreme Court advocate Ashwini Kumar Upadhyay advanced the "right to know", praying that government be required to publish the aims and objectives of the impugned Act in regional newspapers- "I visited Jamia, Silampur (in Delhi, where there were violent demonstrations on Wednesday) and realised that there are many confusions! The protesters don't know about the Act!"
    Referring this "unusual request" to the AG, the CJ reflected, "Let the government publish it...people don't know why the Act is passed...let it be given publicity...should we make an order (to that end)?"
    "An order of this court is not needed. I am very happy to do that. It is very necessary. There are many misunderstandings...", remarked the AG.
    Earlier, Objecting to the fashion of overlapping arguments by multiple advocates, the AG suggested that the practice, as prevalent in higher courts of certain other nations, of having one lectern in the centre on which lawyers come to stand and speak one-by-one, be adopted in the Supreme Court of India too.
    "The Pakistan Supreme Court does so", he said, much to the amusement of the court.
    "5-6 lawyers speaking at the same time...this is terrible...impossible...people from other HCs come and say their HCs are so peaceful and calm. The same lawyers go to the HCs and there they are discipline. Only in this court they behave like this...and Your Lordships are permitting it...", said the AG.
    Read Ashwani Upadhyay's Petition Here

    Tags
    CitizenshipCAASupreme Court of IndiaAG KK VenugopalBJPJamia Milia University
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