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Supreme Court Justice Khanna recuses himself from hearing same-sex marriage review petitions | India News

Supreme Court Justice Khanna recuses himself from hearing same-sex marriage review petitions | India News

Justice Khanna’s recusing would require the reconstitution of a fresh bench of five judges by Chief Justice DY Chandrachud to hear the review petitions

A five-judge bench comprising the CJI and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna and PS Narasimha was to hear the review petitions in the chamber. Photo: Shutterstock

Trust of India Press New Delhi

Senior Supreme Court judge Sanjiv Khanna on Wednesday recused himself from hearing the review petitions against last year’s Supreme Court verdict that denied legal recognition to same-sex marriages, sources said.

According to sources, Justice Khanna cited personal reasons which prompted him to withdraw the verdict.

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The recusing of Justice Khanna would require the reconstitution of a five-judge bench by Chief Justice DY Chandrachud to hear the review petitions.

The highest court on Tuesday refused to allow a public hearing on applications to review last year’s ruling.

In response to a challenge from gay rights activists, a five-judge bench led by Chandrachud on October 17 last year refused to grant legal support to same-sex marriage, saying there is no “unrestricted right” to marry except for marriages recognised by law.

However, the Supreme Court has strongly advocated for the rights of queer people to not be discriminated against in accessing goods and services available to others, the establishment of safe houses known as ‘Garima Greh’ in all districts to provide shelter to community members facing harassment and violence, and the setting up of special helpline numbers to help in case of trouble.

A five-judge bench comprising the CJI and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna and PS Narasimha was to hear the review petitions at its premises.

In accordance with practice, applications for reconsideration are considered in closed session by judges.