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Next Chief Lodha will hear oral arguments in curative Section 377 petition next week

A Supreme Court bench of the Chief Justice of India (CJI) P Sathasivam, and Justices RM Lodha, HL Dattu, and Sudhansu Jyoti Mukhopadhaya has agreed to orally hear the Naz Foundation’s curative petition to re-examine the apex court’s earlier re-criminalisation of homosexual and other sexual “intercourse against the order of nature”.

The Naz Foundation is represented by senior advocate Anand Grover, who argued that the Supreme Court should consider last week’s judgment on the rights of transgender persons in deciding whether to allow a curative petition of the Section 377 decision.

Mint reported that Grover said that the Nalsa transgender judgment’s reading of gender identity and sexuality into the constitution should be a basis for re-examining Koushal v Naz.

The Supreme Court’s order stated that the petitions should be listed in court next week; CJI Sathasivam is due to retire this Saturday on April 26, when Lodha will take over from him.

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