Ok, so how does this play out then ?
Does the Naz Foundation have to petition the same case in the different State High Courts ie fight the same battle repeatedly ?
or do the judges of the various courts just make ex parte decisions
Well one way of doing it would be to file a PIL in every High Court, but needless to say that would take a lot of time, effort and money. And on top of that you may actually end up getting differing judgments. Honestly, I don't know why this wasn't a PIL in the Supreme Court to begin with.
Here's what I think will happen:
[*]One of the Respondents will appeal in the Supreme Court, which will have to decide the matter once and for all.
[*]It doesn't go to appeal, but in the event s. 377 is being used against gay people in some other states, the aggrieved persons would go to the High courts of those other states, and then if everyone of them confirms the Delhi High court judgment, well and good. Otherwise it goes to appeal to the Supreme Court. Back to Point No. 1.
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I honestly, don't see how this won't go to the Supreme Court especially since the Respondents in the Delhi HC case included some private individuals and organizations and not just the government. The private individuals and organizations are obviously stubborn on their fundamentalist views, and am sure are really angry and bitter right now. So even if the Government does not wish to go to the Supreme Court, I think they will be dragged in forcibly by these private individuals. (Which incidentally is probably the most politically favourable move for our flip-flopping politicians).
Does the Naz Foundation have to petition the same case in the different State High Courts ie fight the same battle repeatedly ?
or do the judges of the various courts just make ex parte decisions
Well one way of doing it would be to file a PIL in every High Court, but needless to say that would take a lot of time, effort and money. And on top of that you may actually end up getting differing judgments. Honestly, I don't know why this wasn't a PIL in the Supreme Court to begin with.
Here's what I think will happen:
[*]One of the Respondents will appeal in the Supreme Court, which will have to decide the matter once and for all.
[*]It doesn't go to appeal, but in the event s. 377 is being used against gay people in some other states, the aggrieved persons would go to the High courts of those other states, and then if everyone of them confirms the Delhi High court judgment, well and good. Otherwise it goes to appeal to the Supreme Court. Back to Point No. 1.
[/list]
I honestly, don't see how this won't go to the Supreme Court especially since the Respondents in the Delhi HC case included some private individuals and organizations and not just the government. The private individuals and organizations are obviously stubborn on their fundamentalist views, and am sure are really angry and bitter right now. So even if the Government does not wish to go to the Supreme Court, I think they will be dragged in forcibly by these private individuals. (Which incidentally is probably the most politically favourable move for our flip-flopping politicians).