Now, eyes focused on constitution of bench for Ram Janmabhoomi and Babri dispute case!
New Delhi, Jan 7: The Supreme Court of India (SC) might be calling the issue of Ram Janmabhoomi and Babri mosque in Ayodhya a civil suit but for the people and politics of the country, the issue has always been of a paramount importance. Now, with the court ruling case to be heard before the right bench from January 10, the first question that comes to mind of people that what would be the structure of the bench?
Will Chief Justice of India Ranjan Gogoi be part of the bench or someone else be made part of it? Before the retirement of former chief justice Dipak Misra, three justices were hearing the case that included Justice Ashok Bhushan, Justice S Abdul Nazeer besides Justice Misra. After retirement of Justice Misra, the new bench has to be constituted.
As per the common knowledge, the other two justices hearing the case may continue to be part of the bench and a new justice could be appointed in place of Justice Misra. But there is no binding as such in this case because merit of the case has not been heard so far. So the matter is not in the category of part heard case. So the chief justice can reconstitute the entire bench. Justices are not replaced in the part heard cases.
Constitution of bench is important because it will decide that how long the matter may go on as it will depend on the judges included in the bench and their working style. Justice Gogoi is known for keeping the argument to legal aspect and subject of the matter of the case only. He has the nature of deciding the matter as soon as possible. But that does not at all mean that any party in the important cases will be neglected.
He had heard the matter of CBI director Alok Verma and Rafale case very elaborately. Constitution of bench comes entirely under the administrative purview of the Chief Justice of India. He will decide who will hear which case. However, generally it is decided that what kind of cases will be heard by whom.
Ram Janmabhoomi case comes under the civil suit matter and as per roaster every justice presiding the case has the capability. So anyone can be included in the bench. Though justices are not looked upon on the basis of religion, caste and region and it doesn't impact the case as well. But since the matter is between the two community, the balance is attempted.