Same-sex marriage: Delhi High Court flays government over ‘objectional words’

As the petitioners claimed that the Central government has used ‘highly objectionable and demeaning comments’ in the affidavit, the high court said the counsel should not file it without reading.
Delhi High Court (File Photo | Shekhar Yadav, EPS)
Delhi High Court (File Photo | Shekhar Yadav, EPS)

NEW DELHI: The Delhi High Court on Tuesday expressed displeasure over the filing of an affidavit by the Centre opposing a plea by LGBTQ couples seeking live streaming of proceedings on a batch of petitions to recognise same-sex marriage under various laws, as it contained certain alleged objectionable words.

As the petitioners claimed that the Central government has used ‘highly objectionable and demeaning comments’ in the affidavit, the high court said the counsel should not file it without reading. The court was informed that though the government’s affidavit has been filed, it was not on record.

“Have you read the affidavit? We advise you not to place it on record and have a relook. Don’t place it on record. Your affidavit should not come from the ministry and you should not file it without reading,”said a bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla.

The bench added, “As a counsel, it is your responsibility to read it and say if there is something objectionable, you are not obliged to file it. You should be able to advise your client accordingly. Don’t do a mindless exercise on this.” To this, the Centre’s counsel said, “I take the blame,” and added he will examine the response and will file a better one.

The court said the reply vetted by the counsel be placed on record before the next date of hearing on August 24. Advocate Maneka Guruswamy, appearing for some of the petitioners, said the Centre’s counsel should start by making an apology.

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