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CJI to head 5-judge constitution bench: SC

Team SoOLEGAL 16 Jan 2018 10:10am

CJI to head 5-judge constitution bench: SC

Amid the tussle between the four senior-most judges of the Supreme Court with the Chief Justice of India (CJI) Dipak Misra, the SC on Monday announced the composition of a five-judge Constitution bench that will be headed by the CJI. And, none of the four dissenting judges — Justices J Chelameswar, Kurian Joseph, Ranjan Gogoi and MB Lokur will be a part of the 5-judge constitution bench.

 

Interestingly, the announcement on the newly constituted bench came on a day when both the Attorney General of India K K Venugopal and the Chairman of the Bar Council of India claimed that the rift had been settled.

 

However, court sources said "Officially no development has happened," and the issues raised by the SC judges remain unresolved.

 

The 5-judge bench, comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan besides the Chief Justice Dipak Misra, will commence hearing on several important cases from January 17. These include cases challenging the constitutional validity of the Aadhaar Act and the Apex court's 2013 judgement re-criminalising gay sex between consenting adults.

 

This bench would also hear the controversial issue of the ban on the entry of women between 10 and 50 years of age in Kerala's Sabarimala temple and resume hearing a legal query on whether a Parsi woman would lose her religious identity if she marries a man from a different religion.

 

Another contentious matter relates to the challenge to the validity of a penal law on adultery, which only punishes a married man for having an extra-marital sexual relationship with a woman married to someone else.

 

The other issues to be dealt with by constitution bench include the pleas, which have raised a question as to when will a lawmaker, facing criminal trial, stand disqualified.

 

All these matters were earlier referred to larger benches for adjudication by different benches of the apex court.

 

The daily list of business for tomorrow shows that the two PILs seeking a probe into the death of special CBI judge BH Loya are listed before a bench headed by Justice Arun Mishra, against whom aspersions were cast by a senior advocate in public.



Tagged: CJI  
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