SC Suprised At Petitioners' Request For Open Court Hearing On Same-Sex Marriage Review Pleas

Advocates representing the petitioners urged the top court for an open court hearing of the review petitions against the Supreme Court's October 2023 order. The court said it was surprised and asked the petitioner's counsels whether they will be arguing the review, adding that reviews are taken up in the chambers. The counsels told a three-judge bench led by Chief Justice of India D Y Chandrachud that they were making a request to the court. In its verdict, the court declined to recognize the right of same-sex couples to enter into marriages or have civil unions.

New Delhi:The Supreme Court on Tuesday was surprised at petitioners’ request to grant open court hearing on review petitions against its October 2023 verdict, which declined to recognize the right of same-sex couples to enter into marriages or have civil unions.

A bunch of petitions seeking review of the apex court’s October 2023 judgement is listed in chambers on Wednesday. Senior advocates A M Singhvi and N K Kaul requested a three-judge bench led by Chief Justice of India D Y Chandrachud to hear the review petitions in the open court. The counsel said the court may consider that in public interest this hearing could happen in open court. “Kindly have it in an open court”, said Singhvi.

Another senior counsel attempted to begin submissions regarding the petitions. “Are you arguing a review now? Review is in the chambers…”, said the CJI. Singhvi said we are only making a request to the court. The CJI seemed surprised with the request made by senior advocates. “Constitution bench reviews…”, said the CJI indicating that the review petitions usually are considered in chambers. Review petitions, whether to be heard in open court, is also decided by judges’ in chamber sans lawyers.

The review petitions will be considered by a new bench composition since two judges of the five-judge bench which delivered the judgement in October last year, justices Sanjay Kishan Kaul and S Ravindra Bhat, have since retired.

Justices Sanjiv Khanna and BV Nagarathna replace the retired members on the bench. The other judges are CJI Chandrachud, Justice Hima Kohli and Justice PS Narasimha.

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