The move came nearly two weeks after Justice U U Lalit recused himself from the case, since he had appeared as a lawyer in an Ayodhya-related matter in the past.
Chief Justice of India Ranjan Gogoi on Friday reconstituted the five-judge bench hearing the Ram Janmabhoomi-Babri Masjid title dispute by including Justice Ashok Bhushan and Justice Abdul Nazeer in the case, news agency ANI reported. Besides the trio, Justices S A Bobde and D Y Chandrachud will also hear the matter on January 29.
Justice N V Ramana, who was earlier a part of the bench, has now been excluded.
A notice sent by the Supreme Court registry to various parties said that the Ayodhya dispute matter will be listed on Thursday, January 29, 2019, in “Chief Justice’s court before the constitution bench comprising the CJI, and Justices S A Bobde, D Y Chandrachud, Ashok Bhushan and S A Nazeer.”
The move came nearly two weeks after Justice U U Lalit recused himself from the case, since he had appeared as a lawyer in an Ayodhya-related matter in the past. Justice Lalit decided to recuse after senior advocate Rajeev Dhavan, representing one of the parties in appeal, pointed out that the judge had appeared as a counsel for BJP leader Kalyan Singh, who was Chief Minister of Uttar Pradesh when the Babri Masjid was demolished, in a contempt matter related to the demolition in 1997.
“I have no objection… It’s up to Justice Lalit (to recuse),” Dhavan submitted as soon as the bench assembled in the morning.
The CJI then consulted Justice Lalit and others on the bench and said Justice Lalit had conveyed that it will not be appropriate for him to be on the bench. “Before the Court could be addressed on any of the aforesaid issues, Dr Rajeev Dhavan, learned Senior Counsel appearing for the appellants… made a statement that a member of the Bench (Uday Umesh Lalit, J.) had appeared in a connected matter sometime in the year 1997. Dr. Dhavan has further pointed out that though he has no objection to Hon’ble Mr. Justice Uday Umesh Lalit hearing the matter, the ultimate decision in this regard is for the learned Judge to take. The said facts being pointed out, Hon’ble Mr Justice Uday Umesh Lalit has expressed his disinclination to participate in the hearing any further. We, therefore, have no option but to adjourn the case to another date for the same purpose i.e. to fix a date of hearing and to draw up a time schedule for hearing of the case,” the CJI had said.
The reconstituted bench will now take up the appeals challenging the September 30, 2010 verdict of the Allahabad High Court which had ordered a three-way division of the disputed 2.77 acres site between the Nirmohi Akhara sect, the Sunni Central Wakf Board, Uttar Pradesh and Ramlalla Virajman.
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