Long Forgotten Cases Revived, 2 CB Sittings, Split Verdict & More : Chronicle Of An Eventful Day In Supreme Court

The Supreme Court is witnessing eventful days after Justice UU Lalit has taken over as the Chief Justice of India. Today (August 30), several momentous developments took place at brisk pace, leaving court reporters struggling to keep track of the matters.

Apart from welcome administrative changes for timely listing of matters, the Supreme Court made major moves towards reducing pendency of constitutionally important matters today.

Two Constitution Benches

In a rare event, two Constitution Benches of 5-judges each assembled in the Court.

First in the list are the matters heard by the Constitution Bench comprising Chief Justice of India UU Lalit, Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala. The bench had listed the matter related to the validity of the Constitution 103rd Amendment Act, 2019 which introduced provision for reservation to Economically Weaker Sections (EWS). There have been over 20 petitions that have been filed challenging the constitutional validity of the 103rd Amendment and the matter, despite its important nature, had remained pending since 2020. Along with this, the issue of whether Muslims, as a community, can be declared socially and educationally backward for the purposes of Articles 15 and 16 of the Constitution was also listed. This matter had remained pending since 2006, when a 3-Judge Bench of the Supreme Court referred it to a 5-Judge Bench. Both these matters, which have been long awaited for hearing (and have a significant constitutional impact) owing to their overlapping issues, have been listed together on September 6. The bench stated that the hearing in the matters would commence from September 13. 

Another Constitution Bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh and Sudhanshu Dhulia decided to start hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law after the Dussehra holidays (in the second week of October). This bench also set the hearing dates for other constitutional issues relating to powers of remission, weightage of interview in judicial officers' selection etc.

Closes contempt cases against Prashant Bhushan, contempt proceedings over Babri Masjid Demolition

A bench comprising Justices Indira Banerjee, Surya Kant and MM Sundresh closed the contempt case initiated against Advocate Prashant Bhushan in 2009 over his interview given to Tehelka magazine in which he had stated that several previous Chief Justices of India were corrupt. While Bhushan had already given an explanation and the Tehelka editor Tarun Tejpal had apologised, the case, which started in 2009 remained pending up until now.

Additionally, a bench comprising Justices Sanjay Kishan Kaul, Abhay S Oka and Vikram Nath closed the contempt proceedings pending in relation to the demolition of Babri Masjid in 1992. The court took note of the passage of time and the 2019 verdict of the Supreme Court which allowed the construction of Ram Mandir at the place of the demolished mosque, while closing the matter. The Court also noted that the contempt petiitoner Mohammed Aslam Bhure passed away in 2010.

Gujarat riots and Bombay riots cases closed

The Supreme Court 3-judge bench comprising Chief Justice of India UU Lalit, Justices S Ravindra Bhat and JB Pardiwala disposed of ten petitions, including the ones filed by the National Human Rights Commission, seeking proper investigation in the cases of violence during the 2002 Gujarat riots. The bench stated that the cases were infructuous after noting that the Court had constituted a Special Investigating Team for the investigation and prosecution of nine cases related to riots and the trial in eight out of those cases are complete.

Further, a bench comprising of Justices Sanjay Kishan Kaul, Abhay S Oka and Vikram Nath reserved judgement in the 1998 plea filed for seeking implementation of the Justice Sri Krishna Commission Report in relation to the 1992 Bombay Riots. The Court has sought for details of compensation paid to riot victims. These long forgotten cases which had almost disappeared from the public's eye were revived by the Supreme Court in a move which is now being commended by many in the legal fraternity. 

The long forgotten black money case - the petitions filed by legendary lawyer late Ram Jethmalani and few former civil servants seeking to recover black money from foreign accounts- also was listed today. The case was last listed in 2016. The matter has been adjourned for two weeks.

Significant judgment on Arbitrator's fees

The bench comprising Justices DY Chandrachud, Sanjiv Khanna and Surya Kant also passed a significant judgment holding that arbitrators do not have the power to unilaterally fix their fees without the consent of the parties. The Court further held that the fee scale prescribed under the 4th schedule of the Arbitration and Conciliation Act 1996 is not mandatory.

Dramatic events in Idgah case

However, the court's streak did not end here and continued well post the regular court hours. While hearing petitions challenging Karnataka High Court's verdict permitting the use of Idgah Maidan in Bengaluru's Chamarajpet for Ganesh Chaturthi, there was a "difference of opinion" between the roster bench comprising Justices Hemant Gupta and Sudhanshu Dhulia. In a surprising turn of events, the Chief Justice of India U.U. Lalit wasted no time in immediately constituting a bench comprising Justices Indira Banerjee, AS Oka, and MM Sundresh to hear the matter at 4.35 PM today itself. In this matter, the bench ordered status quo with respect to land use of Idgah Maidan in Bengaluru's Chamarajpet, in effect putting in abeyance the Karnataka High Court's verdict permitting Ganesh Chaturthi celebrations there.

The court's non-nonsense approach in dealing with matters that had been long kept in the cold storage has pleasantly surprised many and highlighted the new CJI's sincerity and commitment towards clearing up the massive backlog of matters of crucial importance.