SC sets up five-judge Constitution Bench to hear eight crucial cases: Aadhaar, Section 377 hearings tomorrow

Agencies
January 16, 2018

Amid the ongoing rift between the Chief Justice of India Dipak Misra and four senior-most judges over the assignment of important cases, the Supreme Court on Monday announced the composition of a five-judge Constitution Bench headed by the CJI.

This bench will hear eight crucial cases on Wednesday, including Aadhaar, the validity of Section 377 of Indian Penal Code which criminalises homosexuality, the validity of adultery law under the IPC, entry of women into Kerala's Sabarimala temple and other cases.

None of the four judges who spoke out against the CJI — justices J Chelameswar, Ranjan Gogoi, MB Lokur and Kurian Joseph — feature on the Constitution Bench.

According to news agency, the five-judge bench, comprising CJI Misra, Justice AK Sikri, Justice AM Khanwilkar, Justice DY Chandrachud and Justice Ashok Bhushan, will commence the hearing on a range of crucial matters from 17 January.

Aadhaar-privacy row

The Aadhaar case will take a look at the legality of the Aadhaar(Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act which was enacted in 2016.

The bench would sit at 2 pm on Wednesday to take up the interlocutory applications seeking interim relief against the Centre's decision on linking of Aadhaar with various schemes.

The Centre had on 7 December told the apex court that the deadline for mandatory linking of Aadhaar to avail various services and welfare schemes would be extended until 31 March next year.

On 27 November, the apex court had said it may consider setting up a Constitution Bench to hear pleas challenging the Centre's move to make Aadhaar card mandatory for availing various services and benefits of welfare schemes.

It had on 30 October said a Constitution Bench would commence hearing on the clutch of petitions against the Aadhaar scheme from the last week of November.

Back in August, a nine-judge bench of the apex court had held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

Validity of Section 377

Alongside the crucial hearing on the Aadhaar-privacy issue, the bench will also hear a plea seeking decriminalisation of gay sex between consenting adults.

A bench comprising CJI Misra and justices Khanwilkar and Chandrachud had on 8 January said that the issue arising out of Section 377 of the Indian Penal Code (IPC) required to be debated upon by a larger bench.

Section 377 of the IPC refers to "unnatural offences" and says whoever voluntarily has intercourse "against the order of nature" with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to pay a fine.

The bench was hearing a fresh plea filed by Navtej Singh Johar, seeking that Section 377 be declared as unconstitutional to the extent that it provides for the prosecution of adults for indulging in consensual gay sex.

The same combination of judges had last year heard various Constitution Bench matters from 10 October, including the power tussle between the Centre and the Delhi government over administrative jurisdiction and a matter relating to passive euthanasia.

In their unprecedented press conference on Friday, the four senior judges of the apex court had mounted a virtual revolt against the CJI, listing a litany of problems, including assignment of cases. They had also raised questions over the listing of PILs concerning Loya's death.

An office bearer of the Supreme Court Bar Association (SCBA) said a copy of their resolution was submitted by its president Vikas Singh to the CJI on Sunday, but have not heard anything from the top court as yet.

Meanwhile, court sources said it was not confirmed whether the CJI met the four judges on Monday, who had hurled accusations against him at their controversial press conference on 12 January.

Singh had expressed hope that all judges of the apex court would consider the SCBA resolution seeking a full-court discussion to defuse the crisis plaguing the higher judiciary.

The SCBA, at an emergency meeting on Sunday, had passed the resolution expressing grave concern over the differences of four senior-most judges with the CJI.

It had said that all public interest litigation (PIL) matters, including the pending PILs, should be either taken up by the CJI or be assigned for adjudication to four senior judges who are part of the apex court collegium.

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News Network
January 31,2020

Jan 31: President Ram Nath Kovind on Friday hailed the contentious Citizenship Amendment Act as "historic" in his address to joint sitting of both houses of Parliament, prompting protests by some opposition members.

He also said that debate and discussion on any issue strengthens democracy while violence during protests weaken it.

"The Citizenship Amendment Act is a historic law. It has fulfilled wishes of our founding fathers including Mahatma Gandhi," he said.

"Debate and discussions strengthen democracy, but violence during protests weaken democracy," he said without directly referring to the anti-CAA protests in the country some of which have witnessed violence.

In a reference to abrogation of Article 370, Kovind said there is happiness among people of India that people in Jammu and Kashmir and Ladakh have got rights on par with the rest of the country.

The president said Parliament has created record in the first seven months of the new government headed by Narendra Modi by enacting several landmark legislations.

"My government is taking strong steps for making this decade as India's decade and this century as India's century," he said.

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News Network
February 2,2020

Lucknow, Feb 2: In an early morning firing at Lucknow's Hazratganj, the city centre, Vishva Hindu Mahasabha state president Ranjit Bachchan was killed while he was out on a morning walk on Sunday.

Ranjit Bachchan was taking a stroll in Hazratganj in the morning when bike-borne assailants opened fire on him and killed him on the spot. The Mahasabha leader was shot in the head multiple times.

The incident took place near the CDRI building in Lucknow's Hazratganj.

In the firing, Ranjit Bachchan's brother also suffered bullet injuries. He has been rushed to the trauma centre. Ranjit Bachchan was a resident of Gorakhpur.

The early morning shootout in the Uttar Pradesh capital's central area has caused tension in the area.

Dinesh Singh, DCP Central Lucknow, said, "The body has been identified as of Ranjit Bachchan, who had gone out on morning walk when some unknown assailant shot him. A police team has been formed and further investigation is being carried out."

Before being associated with the Mahasabha, Ranjit Bachchan was a Samajwadi Party member and was often spotted with former UP chief minister Akhilesh Yadav.

The Samajwadi Party has hit out at the Yogi Adityanath government over the law and order situation in the state and demanded immediate resignation of the government.

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Agencies
July 13,2020

Jaipur, July 13: Amid a deepening political crisis in Rajasthan where the number 2 leader of the Congress party Sachin Pilot has revolted, over 200 Income Tax (I-T) sleuths raided the residences and properties of two of Chief Minister Ashok Gehlot’s close confidants.

The Income Tax department has carried out searches at over a dozen locations linked to Congress leader Dharamender Rathore as well as jewellery firm owner Rajiv Arora, both of whom are considered close to Gehlot.

Officials said that the raids that are underway in Jaipur, Kota, Delhi, and Mumbai were done after a complaint of tax evasion was made. Under the scanner, they said, are transactions that were made outside the country.

The curious timing of the Income Tax department’s action against Gehlot’s aides has made the Congress accuse the sleuths of acting on the behest of the BJP.

Congress spokesperson Randeep Singh Surjewala tweeted: “After all, BJP's lawyers came on the field. The Income Tax Department started raids in Jaipur. When will ED arrive?”

The Congress is facing a cliffhanger in Rajasthan after the open rebellion by deputy chief minister Sachin Pilot, who on Sunday night claimed that he had the support of 30 MLAs and that Gehlot was leading a minority government in the state.

However, Congress leader Avinash Pande on Monday said 109 MLAs have signed a letter of support to the chief minister, well above the majority mark of 100. The party has issued a whip to all the MLAs, asking them to attend the Congress Legislature Party meeting at 10.30 am. 

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