Ssangeeta Sharma
New Delhi, Oct 13, (LAB) pursuant to the split verdict of the Supreme Court on the Hijab issue, Senior Advocate and Chairman of All India Bar Association (AIBA) Dr Adish C. Aggarwala has written to the Chief Justice of India to refer the issue to a larger bench.
In his letter, Dr Aggarwala has requested the Chief Justice of India that the Hizab issue be referred to a larger bench of a minimum of 5 judges including one Muslim Judge.
After split judgments on this issue by two Judges today Dr Adish C. Aggarwala has pointed out that the then Chief Justice N.V. Ramana has erred in constituting the bench which included Justice Hemant Gupta who was to retire on October 16, 2022, and Justice Sudhanshu Dhulia who was recently appointed to Supreme Court on May 9, 2022.
“I may point out that Judges were not having a reasonable time to adjudicate the issue as it is evident from the fact that Justice Sudhanshu Dhulia’s main thrust of his judgment is that the concept of ‘essential religious practice’ was not essential for the disposal of the dispute,” Dr Aggarwala said.
Dr Aggarwala said that Justice Dhulia in his judgment said that the Karnataka High Court probably took the wrong path. It was simply a question of Article 19(1)(a), its applicability and Article 25(1), primarily. And it’s ultimately a matter of choice, nothing more or nothing less.
Dr Aggrwala’s said that due to a shortage of time, it had been overlooked by Justice Sudhanshu Dhulia that Muslim students, in Karnataka High Court took the plea that “Hizab is part of the essential religious practice in Islamic faith”.
Justice Dhulia took a diametrically opposite view and struck down the High Court verdict.
“I was fully aware that the present Bench will be not in a position to adjudicate the issue due to shortage of time, I have not intervened in the matter in Supreme Court although I intervened before the High Court of Karnataka”, Dr Aggarwala said,
Dr Aggarwala pleaded, “In the fairness of the matter, it is humbly prayed that the Hizab matter is referred to a larger bench of 5 senior Judges including one Muslim Judge in the Supreme Court as this issue is the most important matter for all citizens of India.
If Justice S. Abdul Nazeer declines to be on the Bench, then CJI should mention this fact in the order constituting the Larger Bench to hear this matter.
While constituting the Bench, the Bench is advised to hold day-to-day hearings as Justice Nazeer is to retire on January 4, 2023.
The world is watching the Supreme Court of India as it is a torch bearer in protecting India’s democracy, Dr Aggarwala said./SNG /LAB/