The Supreme Court told a bunch of petitioners that it would keep in mind their request for an open court hearing of their pleas to overturn the court’s December 11 judgment upholding the validity of Section 377 of IPC, which criminalizes consensual gay sex.
The SC told senior advocates Ashok Desai, Harish Salve, Mukul Rohatgi and Anand Grover that once the curative petitions were found to be in order and put up for hearing in chamber before an appropriate bench, the request for open court hearing would be taken into account.
The court had on January 28 dismissed review petitions by the Centre, Naz Foundation, filmmaker Shyam Benegal and two others seeking reconsideration of its December 11 judgment, which had closed a small window opened by the Delhi high court by decriminalizing consensual adult gay sex in private. The court had said it was for Parliament to amend the provision in the 154-year-old law.
The review pleas were dismissed in a chamber hearing by a bench of Justices H L Dattu and S J Mukhopadhaya, which had said, “We have gone through the review petitions... We see no reason to interfere with the order impugned (under challenge). The review petitions are, accordingly, dismissed.” After dismissal of a review petition, an aggrieved party can opt for a curative petition before the SC which is generally heard by a larger bench, though again in chamber.
The SC told senior advocates Ashok Desai, Harish Salve, Mukul Rohatgi and Anand Grover that once the curative petitions were found to be in order and put up for hearing in chamber before an appropriate bench, the request for open court hearing would be taken into account.
The court had on January 28 dismissed review petitions by the Centre, Naz Foundation, filmmaker Shyam Benegal and two others seeking reconsideration of its December 11 judgment, which had closed a small window opened by the Delhi high court by decriminalizing consensual adult gay sex in private. The court had said it was for Parliament to amend the provision in the 154-year-old law.
The review pleas were dismissed in a chamber hearing by a bench of Justices H L Dattu and S J Mukhopadhaya, which had said, “We have gone through the review petitions... We see no reason to interfere with the order impugned (under challenge). The review petitions are, accordingly, dismissed.” After dismissal of a review petition, an aggrieved party can opt for a curative petition before the SC which is generally heard by a larger bench, though again in chamber.
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