Gay sex case: HC judge accused of 'impropriety'

A Supreme Court advocate has raised the issue of “judicial impropriety” on the part of Justice S Murlidhar, who had sat on the bench that delivered the path-breaking judgement in the ‘gay sex´ case.

A Supreme Court advocate has raised the issue of “judicial impropriety” on the part of Justice S Murlidhar, who had sat on the bench that delivered the path-breaking judgement in the ‘gay sex´ case.

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In two separate letters written to the Chief Justice of the Delhi High Court Justice A P Shah and Members of Parliament, the advocate Janak Raj Jai contended that Justice Murlidhar had himself filed a writ petition in 1994 as a lawyer in the High Court seeking quashing of Section 377 of the IPC.

When contacted, Justice Murlidhar’s Secretary said the judge was aware of the letter (of the advocate) but had no no comments to make.

Jai said Justice Murlidhar had appeared as intervenor in the original writ petition on behalf of an organisation “AIDS Bedhav Virodhi Andolan.”

“Propriety demands that a judge who had been an advocate in a similar case, should not have heard the present petition (Naz Foundation) challenging the vires of Section 377 IPC,” the letter, written by Jai to the Chief Justice three days before the judgement was delivered, stated.

In his letter, Jai had sought deferring of the judgement and pleaded that the matter be posted before another bench.