Same-sex Marriage Recognition Hearing| Narada Case| PSA Challenged by Mehbooba Mufti
Legal Newsletter by Lomash | 18-April-2023

Same-sex Marriage Recognition Hearing| Narada Case| PSA Challenged by Mehbooba Mufti

Hello, Doston!

Welcome to the latest edition of Legal News India, where we bring you the most important and interesting updates from the world of law and justice in India. Here are the top stories for today:


- Love wins: SC to hear pleas for same-sex marriage recognition

- Narada case: CBI to file charge sheet against Mukul Roy and others

- PSA challenge: Mehbooba Mufti moves Delhi HC against detention


Let's dive in! ??


## Love wins: SC to hear pleas for same-sex marriage recognition

In a landmark move, the Supreme Court of India will take up requests seeking validation of same-sex marriage in India. The petitions argue that denying same-sex couples the right to marry violates their fundamental rights under the Constitution of India.

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Same Sex Marriage, Love Wins | Credit: Tania from Dribble


The apex court had decriminalized homosexuality in 2018 by striking down Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between adults of the same gender. However, same-sex couples still face legal and social barriers in getting married and enjoying the benefits of marriage.


The petitions seek a declaration that marriage is a civil right that cannot be denied on the basis of sexual orientation or gender identity. They also seek directions to the government to enact a law or amend existing laws to recognize and protect same-sex marriages.


This is a historic opportunity for the Supreme Court to uphold the dignity and equality of LGBTQ+ people in India and set a precedent for other countries in the region. We hope that the court will rule in favor of love and justice.


## Narada case: CBI to file charge sheet against Mukul Roy and others


The Central Bureau of Investigation (CBI) will file a charge sheet against former West Bengal minister Mukul Roy and others in connection with the Narada sting operation case. The case involves alleged bribery of Trinamool Congress leaders by a journalist posing as a businessman.


The CBI had registered an FIR in 2017 against 13 Trinamool Congress leaders, including Mukul Roy, who later joined the Bharatiya Janata Party (BJP). The FIR was based on a video footage released by Narada News portal in 2016, which showed some Trinamool Congress leaders accepting cash from the journalist in exchange for favors.


The CBI had conducted raids at the premises of several accused leaders in May 2021 and arrested four of them, including two sitting ministers. However, they were granted bail by a special CBI court. The CBI had challenged the bail order in the Calcutta High Court, which stayed it and transferred the case to itself.


The CBI is expected to file the charge sheet before the Calcutta High Court soon. The charge sheet will reveal the names of the accused and the evidence against them. The case has political implications as it involves prominent leaders from both Trinamool Congress and BJP.


## PSA challenge: Mehbooba Mufti moves Delhi HC against detention


The Delhi High Court will hear a plea by former Jammu and Kashmir chief minister Mehbooba Mufti challenging the validity of the Public Safety Act (PSA) under which she was detained for over a year after the abrogation of Article 370 in August 2019. The plea contends that the PSA is unconstitutional and arbitrary.


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Challenge to PSA | Iamge Credits: Business Standard and Next IAS


The PSA is a preventive detention law that allows the authorities to detain any person without trial for up to two years on grounds of public order or security. The law has been widely criticized by human rights groups as a tool of repression and abuse.


Mehbooba Mufti was among several political leaders who were detained under the PSA after the central government revoked the special status of Jammu and Kashmir and bifurcated it into two union territories. She was released in October 2020 after 14 months of detention.


Her plea challenges the constitutional validity of the PSA and seeks compensation for her illegal detention. She also seeks quashing of all orders passed under the PSA against her. She claims that her detention was motivated by malice and political vendetta.


That's all for today, folks!


Stay tuned for more legal news from India. And don't forget to share this newsletter with your friends and family who are interested in law and justice. I would appreciate your feedback and suggestions. Take care and have a wonderful day!

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