NEW DELHI: India’s higher bench on Thursday chose to sit through its yearly summer holidays (May 11 to July 3) to hear three essential cases: Triple Talaaq, citizenship for children of unlawful migrants from Bangladesh, and alleged privacy violation by WhatsApp.
Three constitutional benches will hear these cases each day, be it Saturday, Sunday or a vacation.
While reporting this choice, chief justice of India J S Khehar bulldozed the reservations communicated by attorney-general Mukul Rohatgi on working through the mid-year holidays. “Last year, I wrote judgments during the whole vacation. If you do not want to work together with us, I will be very happy enjoying my vacation but then do not tell us so many years have passed and the matter has not been heard,” he said.
The chief justice and his sibling judge on the bench D Y Chandrachud said the petitions on the Muslim practices of triple talaq, nikah halala and polygamy include religious estimations and in this manner required cautious and prompt consideration of the court.
In the ordinary course, a vacation bench amid summer holidays to hear cases that requires urgent hearing. Be that as it may, for this situation, the chief justice chose that with more than 60,000 cases pending in the apex court, a little urgency was all together.
Notwithstanding, this won’t be the first occasion when that the top court has sat through a get-away. In 2015, a Constitution bench heard the appeal challenging the legality of the National Judicial Appointments Commission.
The Constitution bench will decide on the Muslim practice of triple talaaq in which a man is permitted to separation his better half by articulating “talaaq” three times in one go, in some cases even on the telephone or by an instant message.
Nikah halala is a practice under which a man can’t remarry his previous spouse without her having to first wed another man, consummate the marriage, get separated, watch a partition period called “iddat” and afterward wed her significant other once more.
Persuasive Muslim associations like the All-India Muslim Personal Law Board (AIMPLB) have contradicted the court’s arbitration of these matters, keeping up that these practices come from the Quran and are not justiciable.
In a affidavit statement registered in the top court early this week, AIMPLB said these issues were matters to be managed by the legislature. The apex court has said beforehand that it would just hear issues relating to the lawful parts of triple talaq, nikah halala and polygamy among Muslims yet not the subject of whether separation under Muslim law should be managed by the courts.
The Triple Talaaq issue will be heard on May 11 and 12, and the judges offered to sit on May 13 and 14 (Saturday and Sunday) and through the following week from that point.
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