1/16/2018 4 Judges Not Included In 5-Judge Constitution Bench Set Up By CJI To Hear Major Cases

16 JANUARY 2018 Last Updated at 9:24 AM NATIONAL

4 Judges Not Included In 5-

Judge Constitution Bench Set
Up By CJI To Hear Major
Cases
OUTL OOK WEB BUREAU

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The four senior judges who openly criticised the Chief Justice of India ,Deepak Misra,
were not included in the 5-judge constitution bench set up by the CJI that will hear major
cases.

The bench, headed by the Chief Justice, does not include the four judges -- Justices J
Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph.

As per official information, the 5-judge bench, comprising Chief Justice Dipak Misra,
Justice A K Sikri, Justice A M Khanwilkar, Justice D Y Chandrachud and Justice
Ashok Bhushan, will commence the hearing on a range of crucial matters from January

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1/16/2018 4 Judges Not Included In 5-Judge Constitution Bench Set Up By CJI To Hear Major Cases

17.

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

As per the list of business for tomorrow, the 5-judge bench will hear major cases such
as those challenging the constitutional validity of the Aadhaar Act and its 2013
judgement re-criminalising gay sex between consenting adults.

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

This bench would also hear the contentious 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 probe into
Loya's death are listed before a bench headed by Justice Arun Mishra, against whom
aspersions were cast by a senior advocate in public.

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
the assignment of cases. They had also raised questions over 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 yesterday, but have not
heard anything from the top court as yet.

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

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1/16/2018 4 Judges Not Included In 5-Judge Constitution Bench Set Up By CJI To Hear Major Cases

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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