Judges Have No Business Granting Interviews On Pending Matter: Supreme Court Seeks Clarification From Calcutta HC Justice Abhijit Gangopadhyay

The Supreme Court, while hearing the plea challenging the order passed by Justice Abhijit Gangopadhyay of the Calcutta High Court through which he had directed the CBI and the ED to question TMC national general secretary Abhishek Banerjee for the Primary Teachers’ Recruitment Scam case, orally remarked that judges had no right to give TV interviews on pending matters. The matter was heard by a Division Bench comprising CJI DY Chandrachud and Justice PS Narasimha.

In the last hearing, the Apex Court had directed a stay on all actions against Banerjee in pursuance of the directions passed by Justice Gangopadhyay. Today, Senior Advocate Abhishek Manu Singhvi, appearing for Banerjee urged the court to take into account Justice Gangopadhyay’s interview with ABP Ananda wherein he allegedly spoke against Banerjee. Singhvi argued–

With the greatest respect and humility, this just cannot be done…This was said in presence of our lawyers. The single judge has not clarified or revoked the statement.

After reading the statement, CJI DY Chandrachud, while dictating the order sought clarification as to whether the purported statements were made by the single judge or not. The court ordered–

The petitioner has annexed a translated transcript of an interview of Justice Abhijit Gangopadhyay on a TV Channel ABP Ananda. Registrar General of Calcutta HC is directed to clarify from the judge as to whether he had been interviewed by Mr Suman De. The registrar general is directed to file his affidavit before this court on or before Friday. We’ll list on Friday.

Source: https://www.livelaw.in/top-stories/judges-have-no-business-granting-interviews-on-pending-matter-supreme-court-seeks-clarification-from-calcutta-hc-justice-abhijit-gangopadhyay-227057

CJI Chandrachud-led five-judge bench to hear same sex marriage case on April 18

Just over a month ago, the Supreme Court had on March 13 referred the petitions to the Constitution bench stating the matter raised questions of “seminal importance”.

Senior Advocate Menaka Guruswamy, who also appeared for the petitioners, said, “The legislative intent of the Hindu Marriage Act requires that same sex marriage be recognised, because Section 5 of the Act speaks of marriage between two Hindus.”
Senior Advocate Menaka Guruswamy, who also appeared for the petitioners, said, “The legislative intent of the Hindu Marriage Act requires that same sex marriage be recognised, because Section 5 of the Act speaks of marriage between two Hindus.”

CJI Chandrachud-led five-judge bench to hear same sex marriage case on April 18 Just over a month ago, the Supreme Court had on March 13 referred the petitions to the Constitution bench stating the matter raised questions of “seminal importance”.

The Supreme Court has set up a five-judge Constitution bench to hear petitions seeking legal recognition of same sex marriages. The bench set up by Chief Justice of India D Y Chandrachud comprises Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha, besides the CJI.
Just over a month ago, the Supreme Court had on March 13 referred the petitions to the Constitution bench stating the matter raised questions of “seminal importance”. In its reference order, a three-judge bench headed by the CJI had said the submissions on the issue involve the interplay between constitutional rights on the one hand, and specific legislative enactments, including the Special Marriage Act, besides the rights of transgender couples, on the other.

The three-judge bench has listed the matter for hearing on April 18.

The Central government, which has opposed the petitions, has urged the SC to leave the issue to be decided by Parliament. It told the top court that a “legislative understanding of marriage in the Indian statutory and personal law regime” refers only to marriage between biological men and women and that any interference “would cause complete havoc”.

Source: https://indianexpress.com/article/india/cji-chandrachud-led-five-judge-bench-to-hear-same-sex-marriage-case-on-april-18-8558509/

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