The Supreme Court today refused to entertain a petition challenging the Ordinance criminalising the practice of Triple Talaq..A Bench of Chief Justice of India Ranjan Gogoi and Justice Deepak Gupta refused to entertain the petition filed by Samastha Kerala Jamaithul Ulema..The petitioner had prayed that the Triple Talaq ordinance be struck down as it violates Articles 14, 15 and 21. It was further contended that the ordinance was promulgated by misuse of Article 123 of the Constitution.As argued in the petition, after the Supreme Court’s declaration that instantaneous triple talaq is unconstitutional last year, there was no need for a separate ordinance criminalising the now inconsequential phrase..Advocate Gopal Sankaranarayanan appeared for the petitioner today..The Supreme Court, however, stated that since the challenge in the petition is to an ordinance, the Court is not inclined to entertain the same. As noted in the order,.“As the challenge in the petition is to an Ordinance, we are not inclined to entertain the writ petition. However, we make it clear that we have not expressed any opinion on the merits of the case.”.The Court, therefore, dismissed the petition..Read the order below.
The Supreme Court today refused to entertain a petition challenging the Ordinance criminalising the practice of Triple Talaq..A Bench of Chief Justice of India Ranjan Gogoi and Justice Deepak Gupta refused to entertain the petition filed by Samastha Kerala Jamaithul Ulema..The petitioner had prayed that the Triple Talaq ordinance be struck down as it violates Articles 14, 15 and 21. It was further contended that the ordinance was promulgated by misuse of Article 123 of the Constitution.As argued in the petition, after the Supreme Court’s declaration that instantaneous triple talaq is unconstitutional last year, there was no need for a separate ordinance criminalising the now inconsequential phrase..Advocate Gopal Sankaranarayanan appeared for the petitioner today..The Supreme Court, however, stated that since the challenge in the petition is to an ordinance, the Court is not inclined to entertain the same. As noted in the order,.“As the challenge in the petition is to an Ordinance, we are not inclined to entertain the writ petition. However, we make it clear that we have not expressed any opinion on the merits of the case.”.The Court, therefore, dismissed the petition..Read the order below.