Round-Up: SC's Response To Govt On Marriage Equality, Order In GN Saibaba Case

Meanwhile, a second judge has recused himself from hearing a petition filed by Delhi Riots accused Asif Iqbal Tanha.

(Photo: Altered by The Quint)

After the Supreme Court suspended the order discharging former DU Professor GN Saibaba in an urgent Saturday hearing which raised eyebrows, on Wednesday, 19 April, it set it aside and asked a fresh bench to consider his plea.

Meanwhile, CJI DY Chandrachud countered the government in a scathing response over its remark on same-sex marriages coming from "urban elitist views."

What else happened in our courts today? Here are the key highlights:

Top Court Sets Aside Bombay HC Order Discharging ex-DU Prof GN Saibaba

The Supreme Court on Wednesday, 19 April, set aside a previous Bombay High Court judgment that had discharged former Delhi University professor GN Saibaba in connection with a UAPA case against him for alleged Maoist links.

Justices MR Shah and CT Ravikumar sent the case back to the High Court for fresh consideration and suggested that the case be heard by another bench of the High Court.

"It will be open for the State to argue that sanction need not be considered once accused is convicted in such a case...We request the High Court to dispose of the appeals expeditiously, preferably within four months. It is also observed that propriety demands that on appeal, the matter be placed before another bench than that which passed impugned order," the apex court ordered, according to Bar and Bench.

Last year, the Bombay High Court had held the entire trial against Professor Saibaba to be "null and void", discharged him along with four co-accused and ordered their immediate release.

After the Maharashtra government objected, the top court subsequently held an urgent Saturday hearing and suspended the High Court's decision.

'State Cannot Discriminate..': CJI Responds To Govt On Marriage Equality

On Day 2 of the hearing on marriage equality, CJI DY Chandrachud came up with a sharp response to the government's argument that same-sex marriages come from "urban elitist views."

"Government does not have any data also to show that same sex marriage is an urban elitist concept. State cannot discriminate against an individual on the basis of a characteristic over which the individual does not have control. When you see it is innate characteristics then it counter urban elitist concept.. urban perhaps because more people are coming out of the closet," he said.

For the uninitiated, the apex is currently hearing 20 petitions which have argued that India’s marriage laws discriminate against same-sex couples.

For more details about the hearing, read this.

North East Delhi Riots Case: Two Back-To-Back Recusals

Justice Amit Sharma of the Delhi High Court recused himself from hearing a petition by Delhi Riots accused Asif Iqbal Tanha asking the media to take down "sensitive" and "confidential" information allegedly leaked by the Delhi Police on its investigation in the case.

Justice Sharma is the second judge to recuse from hearing the case. On Tuesday Justice Anup Jairam Bhambhani had recused himself too.

Asif had filed the plea in August 2020 based on media reports about his "disclosure statement" before the Delhi Police. 

According to the reports, Asif said that the riots were a premeditated conspiracy and that former JNU student, Umar Khalid had asked him to hold a 'chakka jam'.

Tanha contended that the information was leaked by Delhi Police and thus an inquiry into the misconduct of the official who leaked the information to media platforms was necessarry.

Shraddha Walkar Case: Delhi HC Restrains Media On Displaying Chargesheet

In other news, the Delhi High Court has restrained television channels and all other media organisations from publishing or displaying the contents of the chargesheet in the Shraddha Walkar murder case.

from displaying or publishing contents of charge sheet in the Shraddha Walkar murder case in which her live-in partner Aaftab Poonawalla is the accused. 

The Court further said that its order would cover audio of the narcoanalysis and CCTV footages which should also not be shown by media.

The gruesome murder of 28-year-old Walkar, allegedly by her live-in partner Aaftab Poonawala, in Delhi, came to light in November 2022 – six months after the incident. 

Walkar was reportedly killed on 18 May at the couple’s rented accommodation in south Delhi’s Chhattarpur Pahari area. Her body was allegedly chopped into at least 35 pieces and strewn across the dense Mehrauli jungle.