New Delhi: In a discrete approach to a case which involves religious connotations, a combination of five Supreme Court judges belonging to five different religions will commence the hearing of arguments on the constitutional validity of instant triple talaq from Thursday.
For a sensitive issue like this, the lead petition is aptly titled “Quest for Equality vs Jamiat Ulama-i-Hind”. And hearing the case will be five judges from five different communities — CJI J S Khehar (Sikh) and Justices Kurian Joseph (Christian), R F Nariman (Parsi), U U Lalit (Hindu) and Abdul Nazeer (Muslim).
However, a judge decides a case only on the consideration of merit and nothing else as s/he takes oath that “I will bear true faith and solemnly affirm faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill will and that I will uphold the Constitution and the laws.”
Tagged with the case are six petitions by Khuran Sunnath Society, Shayara Bano, Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabri.
With Prime Minister Narendra Modi asking Muslims not to politicise the triple talaq issue, the Centre has maintained that these practices are not protected under the right to religion guaranteed under Article 25 (1) of the Constitution.