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Wednesday, Sep 18, 2019

Five Supreme Court judges who passed the verdict on triple talaq

The Supreme Court struck down on Tuesday the controversial Islamic divorce practice of instant triple talaq (Talaq-e-Biddat), saying it was arbitrary and against the tenets of Islam.

india Updated: Aug 22, 2017 17:50 IST
HT Correspondent
HT Correspondent
Hindustan Times
Chief Justice of India JS Khehar.
Chief Justice of India JS Khehar.(PTI File Photo)

The Supreme Court by a majority verdict on Tuesday ruled that the practice of divorce through triple talaq among Muslims is “void”, “illegal” and “unconstitutional”.

The apex court by 3-2 verdict held that the triple talaq is against the basic tenets of Quran.

While chief justice JS Khehar and justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, justices Kurian Joseph, RF Nariman and UU Lalit held it as violative of the Constitution.

Here is a brief profile of the judges:

Chief Justice of India JS Khehar: He is the 44th Chief Justice of India and the first from the Sikh community.

CJI Khehar led a constitution bench that shot down the National Judicial Appointments Commission (NJAC), a body set up through a constitutional amendment unanimously passed by Parliament, to select judges for the SC and high courts.

He authored the lead judgment in the case, terming the NJAC – of which the law minister was part of the committee to select judges – a threat to the independence of the judiciary.

Justice Khehar also headed another five-judge constitution bench that restored the Congress government in Arunachal Pradesh, scrapping all decisions by the governor that precipitated the fall of the previous administration.

He was also a part of the bench that sent Sahara chief Subrata Roy to jail for default in depositing money for refunding investors.

He is due to retire on August 28, 2017.

Justice Kurian Joseph: A believer in the participation of citizens in the process of governance through proper discharge of their civic duties, justice Kurian Joseph is the second judge in the five-judge constitution bench that will decide on the triple talaq issue.

Justice Joseph is also of the view that there was no threat to anyone from the so-called fundamentalists as long as there was an independent judiciary.

He is part of a bench which is hearing the controversial coal allocation scam case. In a recent verdict, a bench headed by him held that minority educational institutions have absolute right to appoint qualified persons as principal from the community ignoring seniority.

Elevated as a Supreme Court judge in March 2013, justice Joseph has about a year and a half left in his tenure when he retires in November next year.

Justice Rohinton Fali Nariman: Son of the distinguished jurist, Fali Sam Nariman, Justice Rohinton F Nariman is known for his knowledge in comparative religious studies.

When he was elevated as a judge of the Supreme Court in July 2014, he became only the fifth to be elevated directly from the bar.

An ordained priest from Bandra Agiary, Justice Nariman has held a lecture in New York to the Zoroastrian Federation.

An expert in comparative constitutional law and civil law, Justice Nariman is part of the nine-judge Constitution bench that has reserved its verdict over the issue of whether the right to privacy has fundamental constitutional sanctity.

Justice Nariman was part of the bench that scrapped a controversial cyber law which gave police sweeping powers to arrest anyone for posting “annoying” or “offensive” comments online, saying it curtailed a citizen’s constitutional right to freedom of speech and expression.

He was also part of the bench which directed controversial businessman Vijay Mallya to make a detailed disclosure of his assets abroad.

He will hold office until August 2021.

Justice Uday Umesh Lalit: Appointed as a Supreme Court judge in July 2014, justice UU Lalit has expressed an inclination to consider the issue of audio and video recording of proceedings in all courts such as district courts, high courts and the top court.

Justice Lalit was part of a bench that barred the police from making direct arrests in dowry harassment cases without ascertaining the veracity of allegations.

He was also part of the Supreme Court bench that directed the Central Bureau of Investigation (CBI) to probe into the extrajudicial killings by personnel of the Indian Army, the Assam Rifles, and the Manipur police from 2000 to 2012 in Manipur.

Before being appointed as a judge of the Supreme Court, he was the special public prosecutor for the CBI to conduct the trial in all 2G spectrum allocation scam matters under the orders of the top court.

He will hold office till November 2022.

Justice Abdul Nazeer: Elevated to the Supreme Court as a judge in February this year, justice Abdul Nazeer is the lone Muslim judge in the five-judge bench looking at the triple talaq issue.

Justice Nazeer is also part of the bench that is hearing the vexed Ramjanmabhoomi-Babri Masjid dispute.

He is also part of the nine-judge constitution bench that has reserved its judgment on whether the right to privacy can be considered a fundamental right under the Indian Constitution.

First Published: Aug 22, 2017 10:27 IST