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Supreme Court refuses to grant legal recognition to same-sex marriages

The five judge Constitutional Bench led by CJI DY Chandrachud directed the government to constitute a committee to supervise the rights and entitlements of a person in queer union, without legal recognition of their relationship as a marriage.

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Supreme Court refuses to grant legal recognition to same-sex marriages

In a massive setback for the LGBTQIA+ community, the Supreme Court on Tuesday refused to recognize the right of same-sex couples to enter into marriages or have civil unions. The apex court stated that the law as it stands today does not recognise either right to marry or enter a civil union between same sex couples and it is up to the parliament to make law enabling the same.

The five judge constitution bench rejected petitions seeking same-sex marriages in India. All the five judges agreed that there was no fundamental right for non-heterosexual couples to marry, with the majority view being that the legislature must decide on the issue of same-sex marriage. The Constitution Bench passed a 3:2 verdict against the adoption rights for the LGBTQIA community.

The five judge Constitutional Bench led by CJI DY Chandrachud directed the government to constitute a committee to supervise the rights and entitlements of a person in queer union, without legal recognition of their relationship as a marriage. The Supreme Court has pronounced four judgments, each by Chief Justice of India DY Chandrachud, Justice Kaul, Justice Bhatt and Justice Narasimha.

A five-judge bench was hearing arguments in the case between April and May and pronounced its verdict today. The CJI stated that there was a degree of agreement and disagreement on how far they have to go on the same-sex marriage.

Furthermore, CJI Chandrachud said that the apex court could not strike down provisions of the Special Marriage Act or read things differently. The Chief Justice of India added that in his opinion, the Parliament should decide on the issue. DY Chandrachud also issued a slew of directions and guidelines to the Centre and police forces, in order to prevent discrimination against the queer community.

The Chief Justice of India in his judgement stated that queer and unmarried couples can jointly adopt children. He added that the Centre should proceed with its committee, headed by cabinet secretary to address the raft of concerns of same-sex couples, including ration cards, pension, gratuity and succession.

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Arvind Kejriwal faces fresh legal trouble as sanction approved for prosecution in liquor policy case

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Former Delhi Chief Minister Arvind Kejriwal finds himself at the center of another political storm as Lieutenant Governor VK Saxena has reportedly sanctioned the Enforcement Directorate (ED) to prosecute him in the alleged money laundering case linked to the controversial liquor policy scam. The sanction, sources reveal, was granted in line with legal requirements under the Prevention of Money Laundering Act (PMLA) and follows the Supreme Court’s directive making such approval mandatory for prosecuting government officials.

The case, which has already seen multiple high-profile arrests and allegations, comes at a critical time for Kejriwal’s Aam Aadmi Party (AAP) ahead of the Delhi elections. This follows the party’s setback in the Lok Sabha elections, making the upcoming state polls a significant political test for the former chief minister.

AAP Calls for Transparency

Reacting to the developments, the AAP has dismissed the reports as “false and misleading” while demanding that the ED make the sanction letter public. Delhi Chief Minister Atishi accused the BJP of engaging in political conspiracies to distract voters from pressing issues.

“If the Lt. Governor has indeed given approval to prosecute Arvind Kejriwal ji, why is the ED hesitating to make the approval letter public? This is yet another attempt to mislead and divert attention,” Atishi said in a statement shared on social media.

Former Deputy Chief Minister Manish Sisodia also weighed in, describing the move as a diversionary tactic aimed at overshadowing controversies surrounding Home Minister Amit Shah’s remarks on BR Ambedkar.

Opposition Welcomes Move

Delhi BJP chief Virendra Sachdeva, meanwhile, welcomed the decision, reiterating the party’s long-standing allegations against Kejriwal and the AAP. “We have consistently maintained that Kejriwal was involved in the liquor scam. As investigations progress, the truth will come out. This is a victory for accountability and justice,” Sachdeva said.

The Liquor Policy Case

The alleged scam revolves around the Excise Policy 2021-22, which the ED claims was manipulated to benefit a “South lobby” in exchange for bribes amounting to Rs. 100 crore. According to the ED, Rs. 45 crore of this sum was diverted for AAP’s election campaigns in Goa.

Kejriwal, who was arrested on March 21, 2024, under PMLA charges, spent six months in jail before being released in September. Following his release, he resigned as chief minister, pledging to return to office only if his party secures victory in the 2025 state elections.

The ED’s chargesheet, filed earlier this year, names Kejriwal and Sisodia as the masterminds of the alleged scam. Sisodia, who spent 18 months in custody, was granted bail in August 2024. The court cited his right to a speedy trial while approving his release.

Kejriwal’s Legal Challenge

In response to the ED’s chargesheet, Kejriwal has appealed to the Delhi High Court, seeking its dismissal. The court has since issued a notice to the ED, signaling that the legal battle is far from over.

As the political and legal drama unfolds, the liquor policy case remains one of the most contentious issues for the AAP, adding significant weight to the opposition’s allegations of corruption and mismanagement under Kejriwal’s leadership. With elections on the horizon, this case could have far-reaching implications for the party’s political fortunes.

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Atul Subhash’s mother moves Supreme Court for custody of missing grandson

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Techie suicide case: Atul Subhash’s estranged wife, her mother, brother arrested

In a dramatic turn of events following the tragic suicide of Bengaluru engineer Atul Subhash on December 9, his mother, Anju Modi, has filed a habeas corpus petition in the Supreme Court seeking the custody of her four-year-old grandson. The whereabouts of the child remain unknown, and Modi is seeking legal intervention after Subhash’s wife, Nikita Singhania, and her family failed to reveal the boy’s location.

Atul Subhash left behind video and written notes alleging harassment and false accusations from his wife and in-laws. These claims are central to the ongoing legal proceedings, with Modi contending that the Singhania family is obstructing the efforts to locate her grandson.

According to reports, Nikita Singhania told the police that her son was enrolled in a Faridabad boarding school and in the custody of her uncle, Sushil Singhania. However, Sushil has since denied any knowledge of the child’s whereabouts, further complicating the situation.

A bench of the Supreme Court, consisting of Justice BV Nagarathna and Justice N Kotiswar Singh, has issued notices to the governments of Uttar Pradesh, Haryana, and Karnataka, demanding clarity regarding the child’s location. The next hearing of the case has been scheduled for January 7, 2025.

The case has garnered significant attention due to the multiple arrests made in connection with Subhash’s death. On December 16, Subhash’s wife, Nikita Singhania, her mother Nisha Singhania, and brother Anurag Singhania were arrested by the Karnataka Police. The authorities cited evidence from Subhash’s suicide note and video, accusing the Singhania family of abetting the suicide. They are currently in judicial custody.

Anju Modi’s petition claims that the Singhania family has actively hindered the search for the missing child. Subhash’s father, Pawan Kumar, has also publicly demanded custody of his grandson, joining Modi’s plea for the child’s immediate return.

In a counter-move, the Singhania family is defending itself. Nikita’s uncle, Sushil Singhania, sought anticipatory bail in the Allahabad High Court, with his counsel, senior advocate Manish Tiwary, arguing that Sushil, at the age of 69 with chronic health issues, could not be held accountable for the suicide. The court granted him pre-arrest bail with strict conditions, including the surrender of his passport and availability for police questioning.

Subhash’s family has strongly contested the actions of Nikita and her relatives, alleging they harassed him with false legal cases and extortion demands. The family has vowed not to perform the last rites for Subhash until justice is served. “We will not immerse my brother’s ashes until all false cases are dropped and justice is delivered,” said Bikas Kumar, Subhash’s brother.

As the legal battle intensifies, the family has expressed grave concerns about the safety of Subhash’s son. “We have not seen him in recent photos. We are deeply concerned about his safety. We want to know his whereabouts, and we demand his custody immediately,” said Bikas Kumar.

This complex case, involving family feuds, legal battles, and a missing child, continues to unfold, with both families bracing for the next phase of litigation.

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Om Prakash Chautala, former Haryana CM and INLD leader, passes away at 89

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Om Prakash Chautala, five-time Haryana Chief Minister and INLD leader, passed away at the age of 89 following a cardiac arrest.

Om Prakash Chautala, a veteran leader of the Indian National Lok Dal (INLD) and five-time Haryana Chief Minister, has passed away at the age of 89. The political stalwart breathed his last at his residence in Gurgaon following a cardiac arrest. His demise marks the end of an era for Haryana’s politics, where he played a significant role for decades.

Born on January 1, 1935, in Sirsa, Haryana, Om Prakash Chautala’s political career spanned over several decades. He first became Haryana’s Chief Minister in 1989, though his tenure was cut short after just six months. Two months later, he assumed the role again but was forced to resign after only five days. Despite these early setbacks, his political career thrived, and he went on to serve as Chief Minister for two consecutive terms from 1999 to 2005, solidifying his position as one of the prominent leaders of Haryana.

Chautala’s tenure was not without controversy. In 2013, he and his son, Ajay Singh Chautala, were convicted for their involvement in a major corruption scandal known as the teacher recruitment scam. The duo was found guilty of illegally recruiting over 3,000 teachers in Haryana in 2000. They were sentenced to 10 years in prison, though Mr. Chautala was granted early release in 2021 after serving nine and a half years.

In 2022, Chautala faced additional legal troubles when he was sentenced to four years in prison in a disproportionate assets case, alongside a fine of ₹50 lakh. At the time, he became the oldest prisoner in Tihar Jail at the age of 87.

The Chautala family has maintained a strong influence in Haryana’s political landscape. Mr. Chautala’s son, Abhay Singh Chautala, now leads the INLD, while Ajay Singh Chautala, who split from the family fold, founded the Janata Jannayak Party in 2019. Abhay Singh served as an MLA from Ellenabad between 2019 and 2024, and his grandson, Arjun Chautala, made his mark by winning the Assembly election from Rania in 2023. Another grandson, Dushyant Singh Chautala, made history in 2014 as the youngest-ever Lok Sabha MP.

Despite his legal challenges and controversies, Om Prakash Chautala’s influence on Haryana’s political scene cannot be overstated. His leadership in the state, especially his two terms from 1999 to 2005, reshaped Haryana’s political narrative. He is survived by his two sons, three daughters, and numerous grandchildren, many of whom continue to be involved in the state’s political activities.

Mr. Chautala had last contested the Haryana Assembly elections from Uchana Kalan in 2009, securing a victory. With a simple education background—he studied till Class 10—Chautala’s rise in politics was a testament to his leadership and influence.

His death is being mourned by supporters and political figures across the region, as his legacy continues through his family, ensuring the Chautala name remains influential in Haryana’s future politics.

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