Highlights: SC Questions Remission in Bilkis Case, Hears Same-Sex Marriage Pleas

The top court has also granted bail to anti-CAA activist Akhil Gogoi but refused to discharge him in the case.

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While the Supreme Court finally began hearing the petitions seeking recognition of same-sex marriages today, it adjourned the hearing of a plea challenging the Karnataka Government's order (GO) which scrapped off the nearly three-decade-old 4% OBC reservations provided to OBC Muslims.

Meanwhile, the apex court asked the Gujarat government why it allowed premature release of the rape and murder convicts in the Bilkis Bano case.

Catch the top highlights from our courts on Tuesday, 18 April here...

'Today It is Bilkis, Tomorrow It Can Be Us': SC Questions Remission

According to LiveLaw, a bench of Supreme Court Justices KM Joseph and BV Nagarathna, commented on the state government’s grant of remission to the convicts in the Bilkis Bano case despite the heinous nature of their crime, and said:

“Today it is this lady (Bilkis). Tomorrow, it can be you or me. There must be objective standards...If you don't give us reason, we will draw our own conclusions.”

The eleven convicts were released on 15 August 2022 after the Gujarat government decided to grant them remission.

SC Begins Hearing Same-Sex Marriage Petitions

As the Supreme Court started hearing petitions seeking recognition of same-sex marriages, the five-judge bench hearing the case said that it "would not touch personal laws" at the moment and would focus only on the Special Marriage Act.

"Now that we've understood broadly the canvas of the matter, we can at this stage, steer clear of personal law. If we steer clear of personal law, perhaps that is one possible option..." said Chief Justice of India DY Chandrachud, who is leading the bench comprising Justices SK Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli.

As many as 20 petitions have been filed seeking marriage equality so far, and 51 of the petitioners are queer people. Over 100 lawyers are involved in the case – including Menaka Guruswamy and Arundhati Katju, who represented the LGBTQ petitioners in the Section 377 case.

SC Adjourns Hearing In Karnataka OBC Muslims Reservations Case

The Supreme Court today adjourned hearing of a plea challenging Karnataka Government's Order (GO) scraping off the nearly three-decade-old 4% OBC reservations provided to OBC Muslims.

Until the case is now heard on 25 April, a Government Order (GO) passed by the Karnataka government scrapping the four percent reservation for Backward Class (BC) Muslims will continue.

The top court, last week, had expressed inclination towards reversing the government order. Read more here.

'No Application of Mind': Delhi HC To DU On BBC Documentary Screening Row

The Delhi High Court told the Delhi University that it had not applied its mind while barring a student from examinations for organising a screening of the BBC Documentary on PM Modi.

While doing so, the court directed the University to file its response on the student's plea within three weeks.

Lokesh Chugh Ph.D. research scholar at the Department of Anthropology and a of the National Students Union of India (NSUI), had challenged the University order debarring him from the university for a year.

The High Court, orally observed today that:

“There has to be independent application of mind which is not reflected in the order… The order must reflect the reasoning."

Akhil Gogoi Gets Bail But...

The Supreme Court has granted bail to Assamese activist and Sibsagar MLA Akhil Gogoi in an Unlawful Activities (Prevention) Act (UAPA) case against him for his speeches against the Citizenship Amendment Act (CAA) and alleged Maoist links.

The top court, however, refused to discharge him in the case.

The case:

• Gogoi was booked along with three other for offences connected to the December 2019 anti-CAA protests and alleged links to Maoist organisations.

• Besides UAPA, they were charged with a Sedition (section 124A), promoting enmity between religious groups (section 153A) and 153B (Statement against national integration) of the Indian Penal Code.

• A special NIA Court in Guwahati had discharged Gogoi of all chagres in 2021 while noting that the speeches made by him were far from inciting violence and had in fact appealed to people not to resort to violence

• Gogoi has been out of prison ever since

• But the High Court set aside this order. The Supreme Court has upheld the High Court order

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