Before CJI Dipal Mishra’s retirement, SC judges work frenetically to wrap up judgement of Imp cases

Before CJI Dipal Mishra’s retirement, SC judges work frenetically to wrap up judgement of Imp cases

Courtesy : Agencies14/09/2018 07:21

NEW DELHI: The Supreme Court is suddenly in a turmoil, much of it blamed on the frenetic pace of work that precedes important judgements. In this case, it is facing a virtual deadline that is only a few days away.

Chief Justice Dipak Misra will demit office on October 2. A host of important cases must be decided before that because he is heading the benches hearing those.

If the judgements are not delivered before he retires, the rules mandate a rehearing — a prospect that’s a no-no in the top court. This has made the court roster a bit unpredictable.

A few judges who have been part of Constitution benches alongside CJI Misra have been seen taking leave for a day or two. 

Others are hurriedly wrapping up their daily hearings, indicative of the frenetic attempts to wrap up writing of at least 10-odd rulings that are still awaited.

Among these is the Aadhaar case in which the court is considering the validity of the biometric identification system on the yardstick of the citizens’ right to privacy. 

Another is the issue of women’s entry into the Sabarimala temple, which is being resisted by the temple management and conservative elements.

Gender rights activists are, however, pressing for such a right, citing gender equality guaranteed under the Constitution. The Kerala temple bars women in their fertile phase from entering the premises of Lord Ayyappa, who is believed to be a bachelor. 

The court will also pronounce whether reservations in promotions should be automatic for the socially and educationally backward, an assessment moored in caste, or be preceded by facts to justify the same.

 A constitution bench led by the CJI also examined whether the adultery provisions of the IPC, titled in favour of women, should go. 

The court has to decide whether to make it a gender-neutral offence or strike it down as it treats women as the property of the husband to consent to adultery or condone it. 

It will also rule on the legality of female genital mutilation among the minority Bohras. Another ruling which is much awaited is on criminalisation of politics and whether the court could help arrest it by making a political party lose its recognition if it backs a tainted politician. 

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