NEW DELHI: In an unusual request, the batch of petitioners in the same-sex marriage case mentioned their pleas in the Supreme Court on Tuesday, pleading for the hearing to be conducted in an open court. However, the Supreme Court stated that review petitions are decided in chamber hearings, and a constitution bench will address the merits of the pleas.
Senior advocates Abhishek Manu Singhvi and Niraj Kishan Kaul, representing some petitioners, mentioned the review petition matter before the bench led by Chief Justice D Y Chandrachud on Tuesday. This was against the Supreme Court's earlier decision not to recognize such marriages as valid in law. "Can the review petitions please be heard in an open court setting?" Kaul fervently requested.
The Supreme Court is scheduled to hear these pleas on July 10, Wednesday, with a five-judge bench led by Chief Justice D Y Chandrachud. However, the hearing will take place in chambers.
The other four judges on the bench who will consider the various pleas are Justices Sanjiv Khanna, BV Nagarathna, Hima Kohli, and P S Narasimha.
It is important to note that the review petitions will be heard in chambers, where neither the petitioners, respondents, lawyers, nor litigants will be present.
However, petitioners have the option to request an open court hearing if they deem it appropriate, by mentioning it to the court or respective bench of the Supreme Court.
On October 17 last year, in a landmark judgment, the Supreme Court declined to grant legal recognition to same-sex marriages.
"The creation of such institutions and the grant of legal validation is solely within the purview of Parliament and state legislatures. The role of the legislature has been to codify customs and, where necessary, intervene to further Articles 14 and 15(3) through legislation," the apex court had stated in its verdict.
The Supreme Court judges were also unanimous in their decision that it was not within their authority to issue a positive directive to the legislature to grant legal recognition to same-sex marriage.