Petitioners seek open court hearing of same-sex marriage verdict review pleas

Satya Prakash

New Delhi, July 9

A day before the scheduled hearing on petitions seeking review of the Supreme Court’s October 2023 verdict refusing to recognise same sex marriages in India, the petitioners on Tuesday urged Chief Justice of India DY Chandrachud to allow an open court hearing on the contentious issue.

Constitution Bench to decide: CJI

Pointing out that he alone can’t decide to list it for an open court hearing, the CJI said, “This is a review petition before a Constitution Bench… You know this is in chambers…”

Senior advocates Abhishek Manu Singhvi and Neeraj Kishan Kaul requested the CJI to conduct an open court hearing in view of the importance of the matter.

“We would humbly request would Your Lordships consider that in public interest these hearings could happen in open court, my lords?” senior counsel Kaul told a Bench led by CJI Chandrachud.

“This is a review petition before a Constitution Bench… You know this is in chambers…” Justice Chandrachud told the petitioners’ lawyers, pointing out that he alone can’t decide to list it for an open court hearing.

Review petitions are generally heard “in chamber” — and not in an open court — by a procedure called “hearing by circulation” where advocates representing the parties are not allowed to argue. But in exceptional cases, the top court allows open court hearing, if convinced about its need.