Justice Khanna Recuses from Queer Marriage Review, SC Defers Hearing

Justice Sanjiv Khanna recused himself from hearing a review petition challenging the Supreme Court's decision against recognizing queer marriages. The top court deferred the hearing, directing the petitions to be circulated before a new bench. Various review petitions highlight errors in the majority judgement, urging immediate reconsideration.

Justice Sanjiv Khanna, a member of the five-judge Supreme Court bench, recused himself on Tuesday from hearing a review petition challenging the court's judgement that declined legal recognition to queer marriages. This development led to the Supreme Court deferring the hearing on the review petition during the in-chamber proceedings.

The court ordered the Registry to circulate the Review Petitions before a Bench without Justice Khanna, following administrative directions. The review plea was initially heard by a five-judge bench led by Chief Justice of India DY Chandrachud, including Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha.

The Supreme Court, on Tuesday, declined to permit an open court hearing for the review petition against its decision. Several review petitions, including those filed by advocates Karuna Nundy and Ruchira Goel, contest the majority judgement dated October 17, 2023. This judgement had refused to grant legal recognition to same-sex and queer marriages under various legislation.

(With inputs from agencies.)