Suresh Kumar Koshal, an astrologer, and Mukesh Kumar Koshal have filed a petition in the Supreme Court pleading for a stay on the Delhi High Court judgment declaring Section 377 of the Indian Penal Code unconstitutional and decriminalising unnatural sex between consenting adults.
A Bench comprising Chief Justice K.G. Balakrishnan and Justice P. Sathasivam refused to stay the HC verdict. The CJI said: “We are not for stay as there is no threat of any penal consequences. We feel, for the time being, stay is not required.”
Attorney-General G.E. Vahanvati submitted that since three Ministries were involved it would take some time to formulate the response.
The bench granted eight weeks for the Union Government to file its response to special leave petitions challenging the High Court verdict.