The petition challenging the anti-sodomy law in India, Section 377 of the Indian Penal Code (IPC) was dismissed by the Delhi High Court, by the bench comprising Chief Justice BC Patel and Justice BD Ahmed, today, i.e. 2 September 2004.
The petition had been admitted on 15.1.2003, meaning thereby that the petition had to be fully heard on merits. Notice had also been issued to the Attorney General in view of the constitutional importance of the issue. However, two of the Respondents to the petition, i.e. the Delhi State AIDS Control Society (DSACS) and the National AIDS Control Organisation (NACO) had not filed their affidavits despite the order of 15.1.2003.
Today, when the matter was taken up as the last item just before the Court rose at approximately 4.15 pm, the advocate for the Petitioner, Trideep Pais, pointed out that the two Respondents, DSACS and NACO, had not filed their affidavits despite the order of the court dated 15.1.2003. The Court in turn asked whether there was any case or FIR filed against the Petitioner, i.e. NAZ Foundation (India) Trust, under S.377 of the IPC, to which the advocate mentioned that there was none. The Court dismissed the petition on the ground that since there was no FIR, there was no ‘cause of action’ for the petition. The exact court order is not yet available.