SC order on Ayodhya case and on adultery Likely today

SC order on Ayodhya case and on adultery Likely today

Courtesy : Agencies27/09/2018 18:24

Supreme Court is set to pronounce its verdict today on the issue whether the Ismail Farooqui judgement in which it was said that mosque is not integral part of Islam will go to a larger Constitution bench or not. The verdict is likely to be pronounced around 2 PM. Supreme court also set to pronounce its verdict today on Will adultery continue to remain a criminal offence under IPC or not.

M Siddiq, one of the original litigants of the Ayodhya case who has died and is being represented through his legal heir, had assailed certain findings of the 1994 verdict in the case of M Ismail Faruqui holding that a mosque was not integral to the prayers offered by the followers of Islam.

It was argued by Muslim groups before a special bench comprising Chief Justice Dipak Misra and Justices Ashok Bhushan and S A Nazeer that the "sweeping" observation of the apex court in the verdict needed to be reconsidered by a five-judge bench as "it had and will have a bearing" on the Babri Masjid-Ram Temple land dispute case. During the hearing, SC took  strong offence to Hindu Taliban comment made by Rajeev Dhawan, who is the lawyer for the petitioners. However, despite SC ire, Dhawan refused to back down saying those who broke the Babri Mosque in 1992 are indeed Hindu Talibans. 

 Earlier, Hindu groups had opposed the plea of their Muslim counterparts that the 1994 verdict holding that a mosque was not integral to the prayers offered by the followers of Islam be referred to a larger bench.

The special bench of the apex court is seized of a total of 14 appeals filed against the high court judgement delivered in four civil suits.

A three-judge bench of the Allahabad High Court, in a 2:1 majority ruling, had in 2010 ordered that the land be partitioned equally among three parties -- the Sunni Waqf Board, the Nirmohi Akhara and Ram Lalla.

In July, the UP government told the Supreme Court that some Muslim groups were trying to delay the hearing in the "long-pending" Ayodhya temple-mosque land dispute case by seeking reconsideration of the observation in the 1994 verdict that a mosque was not integral to Islam.

Ahead of the verdict, BJP leader Subramanian Swamy said: "If Parliament makes a wrong law that is against the Constitution, SC becomes Supreme. But the right to make a law is with the Parliament. I said we should choose the route of Parliament, didn't say that we are going to take that route."

 SC verdict on constitutional validity of the penal law on adultery tomorrow

 Will adultery continue to remain a criminal offence under IPC? The Supreme Court on Thursday will give their verdict on it.  On August 8, the apex court had reserved its verdict on pleas challenging the constitutional validity of the penal law on adultery.

A five-judge constitution bench headed by Chief Justice Dipak Misra also comprising of Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra heard the case for six days. SC asked probing questions to Centre about “What public good” the penal law on adultery served, as it provided that no offence would be made if the husband of a woman approves an adulterous relationship.

The ASG had commenced her arguments by saying that adultery has been made an offence by keeping in mind the sanctity of marriage as an institution. Anand also said that the judgement of foreign jurisdictions setting aside adultery as a criminal offence, should not be taken into account and the instant matter be decided on the basis of the social conditions prevalent in India.

 Referring to the inconsistencies in the penal provision, the bench posed that the burden of maintaining the sanctity of marriage rested only with the woman and not the husband.

Section 497 of the 158-year-old IPC says: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery." 

On January 5, the apex court had referred to a five-judge constitution bench the plea challenging the validity of the penal law on adultery. The court had taken a prima facie view that though the criminal law proceeded on "gender neutrality", the concept was absent in Section 497. 

 

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