Ayodhya: Judge not available, SC cancels hearing

NEW DELHI: The Supreme Court has cancelled the Ayodhya case hearing by a five-judge bench scheduled for January 29. A notice issued by the additional registrar (listing) said due to non-availability of Justice S A Bobde, the sitting of the constitution bench “stands cancelled”.

Other members of the bench are CJI Ranjan Gogoi and Justices D Y Chandrachud, Ashok Bhushan and S Abdul Nazeer. The hearing of the Ayodhya case before a five-judge bench on January 10 too ended abruptly with Justice U U Lalit recusing after counsel pointed out that Justice Lalit as an advocate had appeared for a party in a criminal case relating to Babri Masjid demolition.

The CJI had reconstituted the bench, which earlier comprised him and the next four future CJIs, by leaving out Justices N V Ramana and Lalit and by drafting in Justices Bhushan and Nazeer.

On September 29, a three-judge bench, of which Justices Bhushan and Nazeer were part, had rejected a plea for referring the Ayodhya case to a five-judge bench and had ruled that a three-judge bench would be suitable to adjudicate the vexed land dispute.

However, the CJI sprang a surprise on January 8 by deciding to place the case before a five-judge bench and clarified on January 10 that his decision was in sync with the administrative powers of the CJI under SC Rules and in no way conflicted with the three-judge bench’s September 29 judgment.