Thread by @barandbench

#SupremeCourt Constitution Bench of Justices Kaul, Khanna, Abhay S Oka, Vikram Nath and JK Maheshwari will deliver judgment on whether the #Bohra community has the right to excommunicate dissidents in exercise of its fundamental rights under Article 25 and 26 of the Constitution

The top court will lay down the law regarding the correctness of its 1962 judgment in Sardar Syedna Taher Saifuddin v. The State Of Bombay, in which it had protected the rights of the Bohra community to excommunicate members #SupremeCourt #Bohra

Court: Decision of constitution bench requires reconsideration. We have recorded reasons. There are two grounds.

#SupremeCourt #SupremeCourtofIndia #Bohra

Court: The exercise of balancing rights under Article 26 B with others rights under Part III particularly Article 21 was not undertaken by the constitution bench.

#SupremeCourt #SupremeCourtofIndia #Bohra

Court: Whether the protection can be given under 26B to the practice of excommunication is to be tested on touchstone of constitutional morality and is subject to morality.

#SupremeCourt #SupremeCourtofIndia #Bohra

Court: These are the reasons why issue may need consideration by larger bench.

These two issues are covering question 3 & 4 by nine-judge bench. Therefore, we are requesting the CJI to tag this matter with nine-judge bench.

#SupremeCourt #SupremeCourtofIndia #Bohra