New Delhi: The centre on Wednesday said it was leaving it to the wisdom of the Supreme Court to decide if a law that criminalizes consensual gay sex was constitutionally valid.

On the second day of the Supreme Court hearing on the plea challenging the constitutional validity of Indian Penal Code’s Section 377 that criminalises homosexuality, the Centre did not spell out its stand one way or the other

However, it urged the five-judge constitution bench of Chief Justice Dipak Misra, Justices Rohinton Fali Nariman, A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra that they should confine to deciding the challenge to the law without any scope that may give rise to LGBT community claiming civil rights including right to property, inheritance marriage, adoption and other rights.

“What ever may not be in question may not be decided,” Additional Solicitor General Tushar Mehta told the court expressing the apprehension of the Centre.

He told the court that if it intended to touch on other issues like same sex marriage, then the Centre will file another detailed affidavit.

Airing the government’s concerns, Mehta referred to Justice Chandrachud’s observation made during the course of the hearing on Tuesday that in Hadiya judgement, that “we have already decided that the right to choose partner is a fundamental right”.

Clarifying his observation, Justice Chandrachud said they were not going to decide “kinky issues”.

“We are (debating) on whether the relationship between two adults is itself a manifestation of Article 21 of the Constitution,” he said.

“We don’t want a situation when two gays enjoying a walk on Marine Drive should be disturbed by police and charged under Section 377 IPC,” he said.

Chief Justice Misra said: “We will decide whether consensual sex between two consenting adults is a crime or not.”

Dispelling the apprehensions of the Centre, he said: “We can’t judge an issue in vacuum” thereby telling Mehta that the issue of other rights of LGBT community was not before the bench.

(IANS)

Mumbai: The ED on Wednesday approached a special court here seeking its order to declare diamond merchants Nirav Modi and his uncle Mehul Choksi both accused in over Rs 13,500 crore Punjab National Bank (PNB) loan fraud case as fugitives because they fled from India a month before they were named in the multi-crore fraudulent case.

The Enforcement Directorate filed two separate applications requesting the designated court to issue notices to Nirav Modi and Choksi under the Fugitive Economic Offenders Ordinance 2018 to declare them fugitives, an ED statement said.

The agency also requested the court to issue an order to confiscate the movable and immovable properties of the two accused which are believed to be the proceeds of crime. It also urged the court to permit it to confiscate other properties of Nirav Modi and Choksi which are directly and indirectly belong to them and have been identified by the agency officials in India, in Britain and in United Arab Emirates.

The ED has been probing two cases of money laundering against Nirav Modi, Choksi and others under Prevention of Money Laundering Act (PMLA) on the basis of FIR registered by the Central Bureau of Investigation (CBI), the prime investigating agency of the case.

Investigations have revealed that Nirav Modi and Choksi have committed the offence of cheating against Mumbai-based Brady House branch of PNB in connivance of certain bank officials in fraudulently getting the Letters of Undertaking and Foreign Letters of Credit issued without following prescribed procedure and cause wrongful loss to the bank.

The accused persons have further siphoned off the proceeds of the crime so generated through the multiple dummy entities in India and abroad, said the statement.

“During the course of investigation, more than 260 searches had been conducted all across India leading to the seizure of gold, diamond, platinum, silver, precious, semi precious stones, jewellery and watches belonging to Nirav Modi and Choksi and the companies controlled by them. Further, bank accounts and shares belonging to Nirav Modi and Choksi and their controlled companies were also frozen by the ED.

“Luxury cars and paintings of the two fugitives have also been seized by the ED,” it said.

Further an attachment orders of movable and immovable properties were also issued against the two fugitives and their companies, said the statement.

All the movable and immovable properties seized, freezed or attached by the ED are the part of the list of properties submitted to the special PMLA court for the order of confiscation under the Fugitive Economic Offenders Ordinance, it said.

In these cases, the ED had on May 24 and May 26 filed prosecution complaints or charge sheets under PMLA against Nirav Modi and Choksi. The court has taken cognisance of the charge sheets and issued non-bailable warrant against Nirav Modi and Choksi. On the request of ED and the CBI, the Interpol has also issued Red Corder Notice against Nirav Modi.

(IANS)

Bengaluru: Congress leader G Parameshwara will on Wednesday take oath as the Karnataka Deputy Chief Minister. Ahead of his swearing-in ceremony on May 23, Karnataka Chief Minister-designate H D Kumaraswamy confirmed the development.

He also informed that the Speaker and Deputy Speaker will be elected on May 25. The portfolios of the Cabinet of Ministers will be decided on Thursday.

“We took a decision regarding the expansion (of the cabinet). Speaker and deputy speaker would be elected on 25 May. Portfolios would be decided day after tomorrow. Everything is alright, no differences,” Kumaraswamy told news agency ANI.

The announcement comes after a meeting that took place today evening. On Monday, the Janata Dal (Secular) leader Kumaraswamy met UPA chairperson Sonia Gandhi and Congress president Rahul Gandhi in New Delhi.

The oath-taking ceremony will witnesses a gathering of non-Bharatiya Janata Party (BJP) chief ministers and chief of opposition parties.

Kumaraswamy earlier met Bahujan Samaj Party (BSP) supremo Mayawati at her residence here and invited her for his oath ceremony. The lone MLA of Mayawati’s BSP will be part of the state Cabinet.

West Bengal Chief Minister Mamta Banerjee, Puducherry Chief Minister Narayanasamy, Andhra Pradesh Chief Minister Chandrababu Naidu, Telangana Chief Minister K. Chandrashekar Rao. Samajwadi Party chief Akhilesh Yadav will also mark his presence on the occasion.

Kumaraswamy has also invited Communist Party of India (Marxist) (CPI-M) general secretary Sitaram Yechury to attend his swearing-in ceremony.

On Saturday, Kumaraswamy was invited by Karnataka Governor Vajubhai Vala to form the government in the state, after BJP’s B S Yeddyurappa stepped down ahead of the floor test in the state assembly.

While Kumaraswamy was earlier expected to swear-in as Karnataka Chief Minister on Monday, the ceremony later got pushed to May 23 due to the death anniversary of former Prime Minister Rajiv Gandhi.

The JDS fought the May 12 Assembly elections in alliance with the BSP while the party formed a post-poll alliance with the Congress following a hung verdict on May 15.

The BJP emerged as the single largest party with 104 seats, while the Congress was leading in 78 constituencies and the JDS managed to bag 37 seats. The BSP has one MLA and two seats went to Independents. The newly-formed alliance has claimed support of 117 MLAs in the 224-member House with an effective strength of 221.

(Agencies)