SC cancels Jan 29 hearing on Ayodhya land dispute case

Source: The Hitavada      Date: 28 Jan 2019 08:42:21



SC cancelled the January 29 hearing due to non-availability of judge

THE Supreme Court on Sunday cancelled the January 29 hearing in the politically sensitive Ram Janambhoomi-Babri Masjid land title dispute case as one member of the five-judge Constitution bench would not be available. The sitting of the Constitution bench, headed by Chief Justice of India (CJI) Ranjan Gogoi stands cancelled as Justice S A Bobde will not be available on January 29, as per a notice issued by the Supreme Court registry.

“Take notice that due to non availability of Justice S A Bobde on January 29, 2019 (Tuesday), sitting of Constitution bench in Chief Justice’s court, comprising the Chief Justice, Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer, stands cancelled.  “Therefore, Constitution bench matter will not be taken up for hearing,” the notice stated. The five-judge bench was re-constituted on January 25 as Justice U U Lalit, who was a member of the original bench, had recused himself from hearing the matter.

When the new bench was constituted, Justice N V Ramana was also excluded from the re-constitution bench. No reason was cited for the exclusion of Justice Ramana in the new Constitution bench. Besides the CJI, the new bench comprises justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer. In the fresh bench, justices Bhushan and Nazeer made a come back to hear the matter.

Both of them were part of a earlier bench headed by then CJI Dipak Misra (now retired). It had on September 27, 2018, refused to refer to a five-judge Constitution bench the reconsideration of the observation in its 1994 judgment that a mosque was not integral to Islam. While Misra and Bhushan had said it has to find out the context in which the five-judge bench had delivered the 1994 judgment, Justice Nazeer had given a minority verdict disagreeing with the two judges. Nazeer had said whether a mosque is integral to Islam has to be decided considering religious belief which requires detailed consideration.