Legal fraternity welcomes SC order

The court has fixed September 28 as next date of hearing. Giving its decision the Supreme Court said that the deferment is in public interest.

GN Bureau | September 23, 2010



The Supreme Court today deferred the Allahabad High Court verdict on Ayodhya title suit by one week. The verdict was due to be pronounced tomorrow.

The Apex court issued notices to contesting parties on the petition seeking stay on the Allahabad High Court order which refused to defer the verdict in the suit.

While the order has fuelled vigorous debates about its legality and timing, the legal fraternity has welcomed it.

“The supreme court is the apex body. It has the power to do anything under Article 142 of the constitution. It can use this power to do ‘complete justice’ to any party in the case. This article has wide ramifications. The SC can basically do anything under this Article,” Yunis Malik, Advocate, supreme court said.

Vikas Singh, former additional solicitor general of India agreed with Malik. “Yes, the SC is the overarching body. It has the ultimate power and it can defer a verdict,” he said.

Justice Nagendra Rai, former acting chief justice, Patna high court said the SC can defer a judgement as long as the purpose of purpose of justice is taken care of. “SC has done a good thing by deferring the verdict as there are some political parties waiting to exploit this situation and also the Commonwealth Games are very near,” he said.

Prashant Bhushan, senior advocate, Supreme Court, said, "Supreme Court can certainly stay the verdict if they are hearing an SLP (Special Leave Petition). Legally they have the right. The court has fixed September 28 as next date of hearing. Giving its decision the Supreme Court said that the deferment is in public interest."

Earlier on Wednesday, the Supreme Court had deferred hearing on a plea to postpone the Allahabad High Court verdict on the Ayodhya title suit after a bench said it did not have the "determination" to take up the matter. The bench while refusing to hear the petition filed by retired bureacrat Ramesh Chand Tripathi.

Tripathi had approached the Apex court five days after a three-judge Lucknow bench of the Allahabad High Court rejected his petition for deferring the verdict and to allow mediation to find a solution to the 60-year-old Ram Janambhoomi-Babri Masjid title suit dispute.

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