ORDER :

Heard Mr. Arvind Datar, learned senior counsel for the petitioner.

2. In the instant writ petition, the petitioners who claimed to be directly affected by the offence enumerated under Section 377 of the Indian Penal Code, 1860 (for short, 'IPC'), pray for declaring the said provision as unconstitutional. It is submitted by Mr. Datar that on an earlier occasion, this Court in Suresh Kumar Koushal and another vs. Naz Foundation and others, (2014) 1 SCC 1, has declared the provision to be intra vires and overruled the decision rendered by the Division Bench of the Delhi High Court in Naz Foundation vs. Government of NCT of Delhi and others, (2009) 111 DRJ 1. According to Mr. Datar, Naz Foundation was canvassing the cause as a non-governmental organization by invoking the jurisdiction under Public Interest Litigation whereas the petitioners are directly affected persons. The aforesaid submission leaves us unimpressed.

3. It is further submitted by Mr. Datar that the two-Judge Bench decision in Suresh Kumar Koushal (supra) has been guided by the perception of the majority which is based on social morality and stands on a platform distinct from constitutional morality. Learned senio