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[LIVE-UPDATES] SC Hearing ๐‰๐จ๐ฎ๐ซ๐ง๐š๐ฅ๐ข๐ฌ๐ญ ๐•๐ข๐ง๐จ๐ ๐ƒ๐ฎ๐š's Plea Against ๐’๐ž๐๐ข๐ญ๐ข๐จ๐ง C๐š๐ฌ๐ž

LIVELAW NEWS NETWORK
18 Sep 2020 8:50 AM GMT
[LIVE-UPDATES] SC Hearing ๐‰๐จ๐ฎ๐ซ๐ง๐š๐ฅ๐ข๐ฌ๐ญ ๐•๐ข๐ง๐จ๐ ๐ƒ๐ฎ๐šs Plea Against ๐’๐ž๐๐ข๐ญ๐ข๐จ๐ง C๐š๐ฌ๐ž
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Live Updates

  • 18 Sep 2020 10:36 AM GMT

    Case will now be taken up for further consideration on September 24th at 2 pm.

  • 18 Sep 2020 10:36 AM GMT

    Justice Lalit: theres another argument.. that There should be screening mechanism - Union will deal or State will deal with it?

    Now bench asks the lawyers how much time will all take.

  • 18 Sep 2020 10:35 AM GMT

    ASG now reads a judgment.

    โ€œSpecial skillโ€ - for writing an article, a special skill may not be required. A person even with a degree of Arts can become a journalist.

  • 18 Sep 2020 10:35 AM GMT

    Justice Lalit: So this effectively means professions like the legal or medical professions have to be there in order to designate that Who will be a professional and who will not be. Will you refer to bodies that control them like there are for the legal field or for CAโ€™s?

  • 18 Sep 2020 10:35 AM GMT

    Justice Lalit: Journalists are not professionals you say. But how do we say that an activity will be a profession and another will not be?

    Turn to entry 26 of the Constitution of the Concurrent List which says โ€œLegal, Medical & other professionalsโ€

  • 18 Sep 2020 10:34 AM GMT

    ASG Raju cites a judgement and reads out... โ€œJournalists are not professionals, for a person to be a professional, there has to be a relationship with a client.โ€

  • 18 Sep 2020 10:23 AM GMT

    Justice Lalit : So you are saying that even if one cognisable offence is made out, please donโ€™t quash the FIR.

    ASG: The IOโ€™s locus is imperative before charge is framed. No one has a locus to decide which offence applies and what doesnโ€™t before that.

  • 18 Sep 2020 10:22 AM GMT

    ASG: Assuming that section 153 is not made out, an attempt in itself will be a cognisable offence.

  • 18 Sep 2020 10:17 AM GMT

    ASG Raju: Even if offence is not committed, but an act of instigation, an act of abetment is a cognisable offence.

    Now kindly have a look at section 153 of the IPC

  • 18 Sep 2020 10:16 AM GMT

    ASG: Actual disobedience doesnโ€™t have to take place. An attempt made is enough.

    He now takes the bench through the definition of โ€œAbetmentโ€ under section 107 of the IPC.

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