Saturday December 15, 2018
Home Uncategorized Jayalalithaa ...

Jayalalithaa DA case: SC approves day to day hearing

0
//
Republish
Reprint

New Delhi: The Supreme Court of India today approved to carry a day-to-day hearing of the 66-crore disproportionate assets case on Chief Minister J Jayalalithaa and three others. The decision was taken in response to an appeal filed against the earlier Karnataka High Court judgement.

A bench, constituting justices P C Ghose and R K Agrawal, asked both the concerned parties to give a list of disputes, which as per them, required to be considered in the case on January 8.

“Both of you (parties) settle among yourselves and give us the issues need to be decided by us so that it can be heard quickly and disposed of at the earliest,” the bench said.

The apex court had issued notices on July 27 in response to the Karnataka government’s plea pursuing a stay of the High Court verdict, to Jayalalithaa, Sasikala and two of her relatives, V N Sudhakaran, Elavarasi. The court had also probed them to file their responses within eight weeks.

Meanwhile, the bench also accepted an intervention request by lawyer and BJP leader Subramanian Swamy in the case. The court further asked him to file questions he wanted to ask them.

Karnataka government in its plea, in contradiction of the May 11 judgement, alleged the state government’s prosecuting organisation was not represented before the High Court.

The petition asserted that the apex court made a mistake in computing the disproportionate assets of the AIADMK leader.

Meanwhile, a distinct petition was filed by a Chennai-based lawyer R Rajavel, who wanted to know the court’s course on questions of law which include infringement of fundamental rights as assured in the Constitution.

“Whether a Chief Minister interpreted as public servant under Article 141 of the Constitution can be treated on par with the functionaries specifically defined as public servants in the statutes, because both the categories, though they are engaged in public duty, they are governed by different set of norms, rules and regulations governing their functions,” the plea stated according to a daily report.

Click here for reuse options!
Copyright 2015 NewsGram

Next Story

India Gets A Win, Supreme Court Decriminalizes Homosexuality

In December 2013, a Supreme Court bench said that it was for the legislature to look into desirability of deleting section 377 of IPC.

0
Homosexuality, India, marriage
SC decriminalises homosexuality, victory for gay rights. Pixabay

 In a historic verdict, the Supreme Court on Thursday decriminalised homosexuality between consenting adults by declaring Section 377, the penal provision which criminalised gay sex, as “manifestly arbitrary”.

In separate but unanimous verdicts, a five-judge Constitution Bench of Chief Justice Dipak Misra, Justice Rohinton Nariman, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Indu Malhotra partially struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional.

The bench said it is no longer an offence for LGBTIQ (lesbian, gay, bisexual, transgender/transsexual, intersex and queer/questioning) community to engage in consensual sex between two adults in private.

Reading out the judgment, Chief Justice Misra said attitudes and mentality have to change to accept others’ identity and accept what they are, and not what they should be.

Homosexuality, India
LGBTIQ people have a right to live unshackled from the shadow.
Pixabay

“It is the constitutional and not social morality which will prevail,” said the court.

The verdict sparked celebrations in the LGBTIQ community across India even as the judgment was being read out. Many of the community members who had assembled outside the apex court jumped in joy and distributed sweets.

Chief Justice Misra said consensual sex between adults in a private space, which is not harmful to women or children, cannot be denied as it is a matter of individual choice.

Section 377 will not apply to consensual same-sex acts between homosexuals, heterosexuals, lesbians, the court said, clarifying that sexual act without consent and bestiality will continue to be an offence under section 377.

“An individual has full liberty over his or her body and his or her sexual orientation is a matter of one’s choice,” said the Chief Justice.

“Time to bid adieu to prejudicial perceptions deeply ingrained in social mindset. Time to empower LGBTIQ community against discrimination. They should be allowed to make their choices,” he added.

Homosexuality, India
In separate but unanimous verdicts, a five-judge Constitution Bench struck down Section 377 of the Indian Penal Code (IPC) as unconstitutional. Pixabay

 

In a concurring judgement, Justice Nariman said homosexuality is “not a mental disorder or disease”.

He said the LGBTIQ community has an equal right to live with dignity and are entitled to equal protection of law. He directed the Centre to give wide publicity to this judgment to remove the stigma attached to homosexuality.

Justice Chandrachud said to deny the LGBTIQ community their right to sexual orientation is a denial of their citizenship and a violation of their privacy.

“They cannot be pushed into obscurity by an oppressive colonial legislation… Sexual minorities in India have lived in fear, hiding as second class citizens,” said Justice Chandrachud, adding “the state has no business to intrude on such matters”.

Justice Indu Malhotra said that history owes an apology to the LGBTIQ community for all that they have suffered on account of the ignorance of the majority about homosexuality.

“LGBTIQ people have a right to live unshackled from the shadow,” she said.

Homosexuality, India
People Participated in Hundreds for the Gay Pride Parade Held In Delhi.

The Supreme Court verdict, which overruled its own earlier judgment, assumes significance as in the earlier round of litigation in 2013, the top court had reversed a Delhi High Court ruling decriminalising homosexuality.

The Delhi High Court bench, headed by then Chief Justice A.P. Shah, had in July 2009 legalised homosexual acts between consenting adults by overturning the 149-year-old law — finding it unconstitutional and a hurdle in the fight against HIV/AIDS.

In December 2013, a Supreme Court bench comprising Justice G.S. Singhvi and Justice S.J. Mukhopadhaya in the Suresh Kumar Koushal and another vs Naz Foundation and others case, had set aside the high court’s judgment and said that it was for the legislature to look into desirability of deleting section 377 of IPC.

The matter was subsequently resurrected in July 2016, when a fresh petition was filed by members of the LGBTIQ community — dancer N.S. Johar, journalist Sunil Mehra, chef Ritu Dalmia, hotelier Aman Nath and business executive Ayesha Kapur — which was then marked to the Constitution Bench by a Division Bench.

Homosexuality, India
Gaydo, India’s first LGBTQ Radio Show

Also Read: Gaydio: India’s First LGBTQ Radio Show Will Help People Understand Gender and Sexuality in a Better Manner

The reference was made on the basis of submission that it was the first time that individuals directly affected by the provision were approaching the court.

Among the petitioners are a batch of current and former students of Indian Institutes of Technology. Claiming to represent more than 350 LGBTIQ alumni, students, staff and faculty from the IITs, the petitioners said that the existence of Section 377 had caused them “mental trauma and illnesses, such as clinical depression and anxiety and relegated some of them to second-class citizenship”. (IANS)