SC refuses to adjourn hearing of pleas on Sec 377

SC refuses to adjourn hearing of pleas on Sec 377

A bench headed by Chief Justice Dipak Misra refused to defer the hearing after the Centre sought more time to file its response on PILs on gay sex. DH file photo.

The Supreme Court on Monday rejected a plea made by the Union government to defer the crucial hearing from Tuesday on a batch of pleas challenging re-criminalisation of consensual gay sex between two adults, DHNS reports from New Delhi.

A re-constituted five-judge constitution bench presided over by Chief Justice Dipak Misra is set to hear from Tuesday the petitions challenging the validity of section 377 of the IPC, which criminalises unnatural sex between two consenting adults.

The bench would also comprise Justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra.

On Monday, Additional Solicitor General Tushar Mehta, representing the Centre, sought a direction to defer the hearing to enable the Union government to file an affidavit, replying to the petitions.

The bench of CJI Misra, Khanwilkar and Chandrachud, said matter would be proceeded as per the schedule. The apex court had in 2013 had restored the criminality of the sexual relationship between persons of the same sex, after the Delhi High Court had decriminalised it in 2009.

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