Con­sti­tu­tion benches of SC to hear eight mat­ters, in­clud­ing Aad­haar, from Jan 17

The Hitavada - - 2ND FRONTPAGE -

AMID the on­go­ing rift be­tween the Chief Jus­tice and four se­nior­most judges over as­sign­ment of cases, the Supreme Court’s five­judge con­sti­tu­tion benches will com­mence the hear­ing on eight crit­i­cal mat­ters, in­clud­ing the one re­lated to the va­lid­ity of Aad­haar, from Jan­uary 17.

The in­for­ma­tion was up­loaded on the web­site of the apex court.

Be­sides the chal­lenge to the con­sti­tu­tional va­lid­ity of the Aad­haar Act, the con­sti­tu­tion benches, the com­po­si­tion of which has not been up­loaded so far on the apex court’s web­site, will also deal with a chal­lenge to its 2013 judge­ment, re-crim­i­nal­is­ing gay sex be­tween con­sent­ing adults.

The con­sti­tu­tion benches would hear the con­tentious is­sue re­lat­ing to the ban on the en­try of women be­tween 10 and 50 years of age in Ker­ala’s Sabari­mala tem­ple and also re­sume the hear­ing on a le­gal query on whether a Parsi woman would lose her re­li­gious iden­tity if she mar­ried a man from a dif­fer­ent re­li­gion.

The other con­tentious mat­ter re­lates to the chal­lenge to the va­lid­ity of a pe­nal law on adul­tery, which only pun­ishes a mar­ried man for hav­ing an ex­tra­mar­i­tal sex­ual re­la­tion­ship with a woman mar­ried to some­one else. The other is­sues which would be dealt with by the con­sti­tu­tion benches in­clude the pleas, which have raised a ques­tion as to when will a law­maker, fac­ing a crim­i­nal trial, stand dis­qual­i­fied. All th­ese mat­ters were ear­lier re­ferred to larger benches for ad­ju­di­ca­tion on im­por­tant le­gal is­sues by sep­a­rate benches of the apex court.

Th­ese mat­ters will come up for hear­ing from Jan­uary 17.

In an un­prece­dented move, four se­nior­most judges of the apex court -- jus­tices J Che­lameswar, Ran­jan Go­goi, M B Lokur and Kurian Joseph -- at a press con­fer­ence yes­ter­day, had mounted a vir­tual re­volt against the CJI, list­ing a litany of prob­lems, in­clud­ing the as­sign­ment of cases.

They had said that there were cer­tain is­sues af­flict­ing the coun­try’s high­est court and warned that th­ese could de­stroy the In­dian democ­racy.

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