New Delhi: The Chief Justice of India said on Thursday that a decision on the legality of triple talaq — the practice of Muslim men divorcing their wives by saying talaq thrice — is crucial and that’s why a five-judge Constitution Bench will sit during the summer vacation to hear the case.
Responding to Mr Rohatgi’s contention that setting up three Constitution Benches during the vacation will consume the entire vacation, Justice Khehar said, “If you say you do not want to do it (during vacation) then do not blame us. Last time, I kept on writing the judgments during the whole vacation. We have to work together. If you do not want us to work together, I will be very happy enjoying my vacation, but then do not tell us so many years have passed and the matter has not been heard.”
The case relates to a batch of petitions filed in the Supreme Court — including by the Centre — on whether divorce by saying talaq three times is legal, or whether it impinges on equal rights or in this case, women’s rights, and whether fundamental right to freedom of religion takes precedence over basic freedoms, among other things.
This is the first time in India that 17 judges of the Supreme Court (three five-judge benches and one two-judge bench to hear regular matters) will work during summer vacation.
