Triple talaq: Many were initially confused over SC verdict
The Supreme Court struck down the practice of saying “talaq”, or divorce, three times in one go, as arbitrary and unconstitutional, and said it violated women’s right to equality and was against the tenets of Islam.india Updated: Aug 22, 2017 19:09 IST
Confusion prevailed in Supreme Court on Monday as the verdict on the triple talaq issue was pronounced by a five-judge constitution bench, with many of those attending the hearing getting the first impression that it was a unanimous verdict.
As Chief Justice JS Khehar, heading the five-judge constitution bench, read out the operating portion and concluded by using the word “we...”, several journalists rushed out of the courtroom to break the news to the world, assuming that the CJI has delivered the verdict for the entire bench.
However, the turnaround began when Justice Kurian Joseph started reading out the operative part of his judgement and expressly disagreed with the findings spelt out by the CJI minutes ago. The CJI had penned the 275-page minority verdict for himself and Justice S Abdul Nazeer.
Soon after Justice Joseph finished reading, the third senior-most judge at the bench, Justice RF Nariman, read out the operative portion of his judgement and refusing to agree with the views expressed by Chief Justice.
The last and the most important line he said was that Justice UU Lalit has agreed with his views.
The impression that the judgement weighed in favour of the views expressed by Chief Justice and Justice S Abdul Nazeer suddenly changed then, as it became clear that the views expressed by Justices Joseph, Nariman and Lalit were that of the majority.
As soon as Justice Nariman spoke the last line that Justice Lalit has agreed with his views, the CJI went into a huddle with Justice Nariman.
Chatter among the lawyers started inside the packed CJI’s courtroom that the views expressed by Chief Justice and Justice Nazeer have been reduced to a minority.
Thereafter, Chief Justice signed the verdict and read out the one-line order of court, saying “In view of the different opinions recorded, by a majority of 3:2 the practice of ‘talaq-e-biddat’ triple talaq is set aside”.
The final outcome indicating a dissenting verdict led journalists, who had by then already given their ‘breaking news’, to rush out again for course correction and say that the practice of triple talaq has been struck down by a 3:2 verdict.
First Published: Aug 22, 2017 19:09 IST