An Apex Court bench headed by Chief Justice TS Thakur referred the curative petition to the five judge bench as senior counsel Kapil Sibal said that the issue involved a  question of far-reaching constitutional importance and must be heard by five judge bench.

The Apex Court by its order of December 12, 2013 and subsequently in the review petition  on January 28, 2014, upheld the validity of section 377, finding no constitutional infirmity in the penal provision that criminalises homosexuality.

Upholding the validity of section 377, the court had set aside the Delhi High Court verdict of July 2, 2009 by which it had read down section 377 and decriminalising consensual sex between the adults of same gender.

The then bench of Chief Justice P Sathasivam, Justice RM Lodha, Justice HL Dattu and Justice SJ Mukhopadhaya (all retired since then) had on April 3, 2014, directed the hearing of the curative petition in open court after they considered the plea by Naz Foundation in their chambers.

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