An Open Letter to the Chief Justice of India

To

Hon’ble Justice P. Sathasivam,

Chief Justice of India,

Supreme Court of India,

New Delhi.

Respected Sir,

The attention of the entire nation – or at least of the thinking people – has been drawn to the Times of India news item dated 09.02.2014:

‘Curative plea may help fight gay sex ruling’

CJI indicated on Saturday that a curative petition can be filed against section 377 of the IPC, which criminalizes unnatural sex. "Even after a review petition is rejected, a curative petition can be filed," CJI P Sathasivam told TOI.

Several questions/comments are in order:

1.  You and you alone can testify to the veracity of this news item along with its heading.

2.     If it is planted/ paid news then you or your office should send a rejoinder to the paper and move the Press Council if the rebuttal is not published. It is entirely up to you to file a defamation suit against the paper.

3.    If the news item is correct in its entirety, then wittingly or unwittingly it is a case of opinion being given on the acceptability of the curative petition which your good-self may not even have read through and which in any case has not even been filed as yet. Under the circumstances it is difficult to appreciate how the acceptability of the petition has been assumed and opined by you especially regarding the fulfillment of parameters laid down for filing of curative petition in Rupa Ashok Hurra Vs. Ashok Hurra & Anr, [2002 (4) S.C.C. 388].

4.   The news item would ensure that brother judges junior to you who may be hearing the curative petition will not be able to express their own views without fear about its acceptability. A situation may arise where you and judges junior to you may be tempted to admit the curative petition under such peculiar circumstances. In such a situation when the petition gets admitted it would appear to us, gay rights activists, a pyrrhic victory, albeit at the admission stage.

It may be mentioned that the AIDS Anti-Discrimination Movement (ABVA of which the undersigned is a member) was the first organization to file a writ petition in the Delhi High Court asking for striking down of Section 377, IPC as unconstitutional in 1994. This petition was dismissed in 2001. While we would in earnest like to see justice being done to gay and lesbian community it would hurt the sensitivity and sensibility of all concerned if at this stage it appears that influence has been a factor in this victory – never mind if it is at the stage of admission of the curative petition. As conscientious activists it would be an assault on our conscience. Hence this letter appealing to you either to resign from your post or assure that the curative petition is heard at a much later date when the immediate fall out of your statement in TOI would have receded.

It is hoped that justice will not only be done but also seen to be done.

Yours sincerely,

 Dr. Paramjit Singh