The Supreme Court on Tuesday will go ahead with the scheduled hearing by a constitution bench on petitions against Section 377 of the Indian Penal Code that makes homosexuality a crime.
The apex court had rejected the central government’s plea for adjourning the hearing on petitions against Section 377 of the Indian Penal Code.
A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud had refused to adjourn the matter when the Centre sought time to file its response to the petitions.
The court said the matter had been pending for sometime and the Centre should have filed its response, adding: “We will go ahead with the scheduled hearing. We will not adjourn it. You file whatever you want during the hearing.”
A new five-judge constitution bench of the Supreme Court has been formed to hear the case.
Justice Rohinton Fali Nariman and newly-appointed judge Justice Indu Malhotra will now be part of the bench along with Chief Justice Misra, Justice Khanwilkar and Justice Chandrachud. The two will replace Justice A.K. Sikri and Justice Ashok Bhushan.
Earlier, the top court referred to a constitution bench several pleas filed by eminent citizens and NGO Naz Foundation challenging a 2013 apex court verdict which re-criminalised gay sex between consenting adults.