The petitioners, including NGO Naz Foundation which has been spearheading the legal battle on behalf of Lesbian, Gay, Bisexual, and Transgender (LGBT) community, contended that there was an error in the judgement delivered on December 11 last year as it was based on old law.
    
"The judgement was reserved on March 27, 2012 but the verdict was delivered after around 21 months and during this period lots of changes took place including amendment in laws which were not considered by the bench which delivered the judgement," senior advocate Ashok Desai told the bench.
    
Other senior advocates Harish Salve, Mukul Rohatgi, Anand Grover and other lawyers also supported Desai and pleaded for an open court hearing.
    
They submitted that the case should have been heard by the Constitution bench instead of two-judge bench which heard and delivered the verdict on the controversial issue.

The Apex Court had earlier dismissed a batch of review petitions filed by the Centre and gay rights activists including noted filmmaker Shyam Benegal against its December 2013 verdict declaring gay sex an offence punishable upto life imprisonment.

Amid huge outrage against the judgement, the Centre had also filed a review petition in the Supreme Court seeking a relook to 'avoid grave miscarriage of justice to thousands of LGBT' persons who have been aggrieved by the Apex Court judgement contending it is 'unsustainable' as it suffers from errors.
    
The gay rights activists and organisations had said thousands from the LGBT community became open about their sexual identity during the past four years after the High Court decriminalised gay sex and they are now facing the threat of being prosecuted.

They had submitted that criminalising gay sex amounts to violation of fundamental rights of the LGBT community.

(Agencies)

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