CJI SA bobde led bench hears a plea seeking removal of anomalies in grounds of maintenance, alimony & divorce and to make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth
#SupremeCourt
@AshwiniBJP
CJI: you are appearing for the petitioner
Anand: yes (laughs)
Anand: in Sarlat Mudgal case, govt had to take steps for the Uniform Civil Code
CJI: how can we encroach on personal laws like this?
Senior Adv Pinky Anand: In Shayara Bano you did it. Under Article 146 you had said directions given will exist till law was brought in. You have intervened in the past
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Some initial observations about this case, and in particular what the Court of Appeal made of the Attorney General’s application to refer these sentences as “unduly lenient”.
Spoiler: it makes uncomfortable reading for the Attorney General.
First, by way of background. I was one of several commentators astonished that the Attorney General, who has no known experience of practising criminal law, decided to personally present this serious case at the Court of Appeal.
It appeared an overtly political decision.
Comments leaked to the press confirmed this was a political decision, to capitalise on a tragic case in the headlines.
A “friend” of the Attorney General told the Express that she was pursuing the case *against* legal advice. She also took a preemptive pop at the judges.
On the day of the hearing, it appeared from selected reports that the AG was out of her depth. She appeared to be making political submissions to the Court of Appeal that have no place in a case of this type.
The Court of Appeal judgment helps understand what happened.
The AG played a limited role. She “rehearsed some of the facts and said that the sentences had caused widespread public concern”
Her contribution was seemingly not considered by the Court to be legal submissions. Oof.
Spoiler: it makes uncomfortable reading for the Attorney General.
There will be no substantive change to the sentences passed on the killers of Pc Andrew Harper.
— The Secret Barrister (@BarristerSecret) December 16, 2020
The Attorney General\u2019s application to refer the sentences as unduly lenient and the defence applications for leave to appeal against sentence have been refused by the Court of Appeal. https://t.co/qxTzuj7jR3
First, by way of background. I was one of several commentators astonished that the Attorney General, who has no known experience of practising criminal law, decided to personally present this serious case at the Court of Appeal.
It appeared an overtly political decision.
Grimly cynical.
— The Secret Barrister (@BarristerSecret) November 12, 2020
The Attorney General - who has absolutely no experience of criminal law - is so desperate to exploit this tragic case that she is inserting herself into proceedings that she is not competent to conduct.https://t.co/QWdINvUwwf
Comments leaked to the press confirmed this was a political decision, to capitalise on a tragic case in the headlines.
A “friend” of the Attorney General told the Express that she was pursuing the case *against* legal advice. She also took a preemptive pop at the judges.
Before the hearing, the Attorney General leaked to the Daily Express, via an alleged \u201cfriend\u201d, her views that, should the judges find against her, it will be because they are \u201cwet liberal judges\u201d who are \u201csoft on criminals\u201d. https://t.co/5uGggN8tTT
— The Secret Barrister (@BarristerSecret) November 30, 2020
On the day of the hearing, it appeared from selected reports that the AG was out of her depth. She appeared to be making political submissions to the Court of Appeal that have no place in a case of this type.
The Attorney General had to be embarrassingly corrected during the hearing by an actual criminal silk after making irrelevant and politicised submissions to the Court of Appeal.
— The Secret Barrister (@BarristerSecret) November 30, 2020
What a farce. pic.twitter.com/wy81xoFIDI
The Court of Appeal judgment helps understand what happened.
The AG played a limited role. She “rehearsed some of the facts and said that the sentences had caused widespread public concern”
Her contribution was seemingly not considered by the Court to be legal submissions. Oof.
There won't be a rerun of Jan 6. The riot at the Capitol was unique in many ways: Trump called for it; it was the last chance to "overturn" the election; it was huge in scale.
The coming Trumpist events on Jan 17 and Jan 20 will probably be much smaller in scale, especially in DC. The MAGA crew can't buy another flight and take more days off work so soon after Jan 6.
Some of the Trumpist forums are actively suspicious of these events, claiming they're FBI or Antifa traps. A lot of people at TDW felt that the *design* of this flyer was too lefty to be real!
Unfortunately, that doesn't mean everything will be OK. The statehouse events on Jan 17 have the potential to turn violent, where a few hundred people could be enough to overwhelm local authorities.
MAGA anger at a lot of the GOP is high, as well as against Dems. Even red states could see problems, so I hope authorities are prepared.
The stuff I've heard in the last 72 hours\u2014from members of Congress, law enforcement friends, gun shop owners, MAGA devotees\u2014is absolutely chilling.
— Tim Alberta (@TimAlberta) January 10, 2021
We need to brace for a wave of violence in this country. Not just over the next couple of weeks, but over the next couple of years.
The coming Trumpist events on Jan 17 and Jan 20 will probably be much smaller in scale, especially in DC. The MAGA crew can't buy another flight and take more days off work so soon after Jan 6.
Some of the Trumpist forums are actively suspicious of these events, claiming they're FBI or Antifa traps. A lot of people at TDW felt that the *design* of this flyer was too lefty to be real!
Unfortunately, that doesn't mean everything will be OK. The statehouse events on Jan 17 have the potential to turn violent, where a few hundred people could be enough to overwhelm local authorities.
MAGA anger at a lot of the GOP is high, as well as against Dems. Even red states could see problems, so I hope authorities are prepared.
