On first working day, CJI Lalit to hear Kappan and Navlakha’s bail pleas, Hijab row also to be heard by SC

Some important cases and PILs are lined up for hearing before the Chief Justice of India U U Lalit-headed bench on his first working day in the Supreme Court as the CJI. Justice Lalit was sworn in as the 49th Chief Justice of India on Saturday, a non-working day in the Supreme Court.

Kerala-based journalist Kappan, arrested in October 2020 while on his way to Hathras in Uttar Pradesh, where a young Dalit woman had died after allegedly being gang-raped, has approached the top court seeking bail in the case.

A Lucknow bench of the Allahabad High Court had earlier this month rejected his bail application. Kappan was booked under the Unlawful Activities (Prevention) Act in the alleged Hathras conspiracy case.
His plea, on being mentioned for an urgent hearing, was directed to be listed on August 26 by former Chief Justice N V Ramana last week.

Chief Justice Lalit, along with Justice Bhat, will also hear an appeal filed by human rights activist Navlakha, an accused in the Elgar Parishad-Maoist links case, against the Bombay High Court order of April 26, rejecting his plea that he be placed under house custody instead of being lodged in prison.

The case against Navlakha and other arrested accused pertains to the Elgar Parishad conclave held in Pune on December 31, 2017. Police had alleged that the event was funded by Maoists.

A bench headed by Chief Justice Lalit is scheduled to hear a number of fresh PILs on various issues.

The top court is also scheduled to hear a batch of pleas challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear Hijab inside the classroom saying Hijab is not a part of the essential religious practice in Islamic faith.

On August 2, then Chief Justice N V Ramana, while hearing a plea for urgent listing of appeals and other petitions on the Hijab row, had said that the court would hear a batch of pleas challenging the Karnataka High Court verdict.

The top court on July 13 had agreed to hear the petitions challenging the Karnataka High Court verdict on the issue.

The Supreme Court last week notified that 25 five-judge Constitution bench matters will be listed from August 29. According to the notice issued by the apex court registry, 25 five-judge matters which have been pending for quite some time will be heard from coming Monday by the concerned benches of the apex court.

The five-judge Constitution bench matters which will be heard from August 29 include the following: 

- Is there a need for having exclusive Courts of Appeal, with exclusive jurisdiction to decide large number of routine cases, as well as Article 32 petitions now being decided by the Supreme Court of India keeping in mind the increasing pendency

- Challenge to the constitutionality of the Constitution (One Hundred and Third Amendment) Act, 2019 that provided for reservations for economically weaker sections

- WhatsApp’s privacy policy and its users' right to privacy under Article 21

- Supreme Court's power under Article 142 to dissolve a marriage between consenting parties

- Constitutional validity of a state legislation declaring all members of the Muslim community in Andhra Pradesh as part of the “Backward Classes”

- Granting of minority status to Sikhs in the State of Punjab

- Plea concerning internet safety and seeking directions for the government to secure personal information

- Challenge to the prevalent practice of polygamy including Nikah Halala, Nikah Mutah, and Nikah Misyar

- Can the executive using Article 161 of the Constitution frame a policy to grant remission without placing records before the Governor

- Does a legislator enjoy immunity under Article 194(2) of the Constitution from prosecution for accepting bribes to vote in Parliament or an Assembly

- Plea challenging Section 6A(1) of the DPSE Act which provides immunity for officers of the level of Joint Secretary and above

- Plea assailing current system for appointing members of the Election Commission of India (ECI)