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Government today moved the Supreme Court with a review petition seeking re-examination of its verdict on Section 377 of IPC, reviving the penal provision making gay sex an offence punishable with life imprisonment.
The review petition contended that the December 11 judgement of the apex court setting aside the Delhi High Court verdict decriminalising sexual intercourse between same sex of consenting adults is "unsustainable".
The Centre's petition settled by Attorney General G E Vahavati sought that oral arguments be heard in an open court before disposing of its review petition.
The review petitions are generally decided in chamber hearing.
In the petition filed through advocate Devdutt Kamath, the Centre has taken 76 grounds to contend that the judgement passed by Justice G S Singhvi (since retired) and Justice S J Mukhopadhaya "suffers from errors apparent on the face of the record, and is contrary to well-established principles of law laid down by this court enunciating the width and ambit of Fundamental Rights under Articles 14, 15 and 21 of the Constitution."
While setting aside the July 2, 2009 judgement of the Delhi High Court, the apex court had held that Section 377 (unnatural sexual offences) of the IPC does not suffer from the vice of unconstitutionality and that the declaration made by the High Court is legally unsustainable.
