In a hurriedly-issued press statement, the Home Ministry said the matter was considered by the Cabinet and the decision of the Cabinet was that Central Government may not file an appeal against the judgement to the Supreme Court.
"However, if any other party to the case prefers an appeal, the Attorney General may be requested to assist the Supreme Court to examine the matter and to decide the legal questions involved," the statement said.
The Home Ministry conveyed the decision of the Union Cabinet to the Attorney General. "Ministry of Home Affairs has not taken any position on homosexuality...Ministry of Home Affairs has also not given any instruction apart from conveying the decision of the Cabinet," it said.
Earlier in the day, Additional Solicitor General (ASG) P P Malhotra, who said he was appearing for the Home Ministry, argued that the Indian society is different from other countries and it cannot imitate the practices prevailing in foreign countries.
"Gay sex is highly immoral and against social order and there is high chance of spreading of diseases through such acts," ASG Malhotra contended before a bench of justices G S Singhvi and S J Mukhopadhaya.