A Supreme Court bench of the Chief Justice of India (CJI) P Sathasivam, and Justices RM Lodha, HL Dattu, and Sudhansu Jyoti Mukhopadhaya has agreed to orally hear the Naz Foundation’s curative petition to re-examine the apex court’s earlier re-criminalisation of homosexual and other sexual “intercourse against the order of nature”.
The Naz Foundation is represented by senior advocate Anand Grover, who argued that the Supreme Court should consider last week’s judgment on the rights of transgender persons in deciding whether to allow a curative petition of the Section 377 decision.
Mint reported that Grover said that the Nalsa transgender judgment’s reading of gender identity and sexuality into the constitution should be a basis for re-examining Koushal v Naz.
The Supreme Court’s order stated that the petitions should be listed in court next week; CJI Sathasivam is due to retire this Saturday on April 26, when Lodha will take over from him.
Comments
Don't expect much as both come from same backgrounds same religious belief. Man to look for is Dattu. Really a nice man to know.
Dude. Don't be so anal about it.
Doesn't it mean that there is already one vote against the curative petition???? While this is obviously unfair, is this correct even procedurally?
Also, just FYI - review petitions are put before the very same judges who passed the decision in the judgment under review. There is a sound legal basis for this and many reasons - but since I am too lazy to spell them out, heres one - Curative and Review Petitions are not meant to be appeals in which you can raise all normal challenges raised in appeals. They are meant to correct serious serious errors on the face of the record which result in miscarriage of justice.