CONTROVERSIAL OR

CELEBRATED CASES OF
INDIAN JUDICIARY

Submitted to- Ms Jyoti Mangal Submitted by- Malkeet Singh

LL.B 6th Semester
Registration No.- 1707003035
 INTRODUCTION
Controversial means giving rise to controversy or public
disagreement.
Controversy means prolonged public disagreement or heated
discussion
Nowadays, controversy is a common thing in every field due
to the emergence and access to the social media. We can see
every now and then that a controversy arises on a new topic
among the general public whether it is social media or real world.
Similarly, the judiciary is also not spared by this. There are
many controversial cases in the Indian Judiciary. Some of them
which are recent are discussed ahead.
TRIPLE TALAQ CASE
 Triple Talaq Case
(Shayara Bano v. Union of India)
 Shayara Bano was married to Rizwan Ahmed for 15 years. In 2016, he
divorced her through instantaneous triple talaq (talaq-e-biddat). She
filed a writ petition in the Supreme Court asking it to hold three
practices : talaq-e-biddat, polygamy and nikah halala unconstitutional
as they violate Article 14, 15, 21, 25 of the constitution.
 Talaq-e-biddat is a practise which gives a man rights to divorce his
wife by uttering talaq three times in one sitting without wife’s consent.
 Nikah halala is a practice where a divorced woman who wants to
remarry her husband would have to marry and obtain divorce from a
second husband before she can go back to first husband.
 Polygamy is a practice which allows Muslim men to have more than
one wife.
 ISSUES

 Whether practice of talaq-e-biddat an essential

practice of Islam?
 Whether practice of triple talaq violates any
fundamental right?
 Decision of Supreme Court

After accepting the Sharaya Bano’s petition the Apex

court formed a 5 judge constitutional bench on 30th
March 2017. The first hearing was on 11th May 2017.
On 22nd August 2017, the 5 judge bench pronounced
its decision in Tripple Talaq Case, declaring that the
practice of instantaneous Triple Talaq is unconstitutional
by 3:2 majority.
AYODHYA OR BABRI
MASJID CASE
 Ayodhya or Babri Masjid Case
(M.Siddiq (D) Thr Lrs v. Mahant Suresh Das and Ors)

The Babri Masjid was demolished by Hindu radicals during a political

rally which was turned into riot on 6 December 1992.
A subsequent land title case was lodged in Allahabad High Court, the
verdict of which was pronounced on 30 September 2010.In the judgement the
three Allahabad High Court judges ruled that 2.33 acres of land to be divided
into three equal parts; one part for Ram Janmabhoomi represented by Hindu
Mahasabha, one part to Suni Waqf Board and remaining to Nirmohi Akhara.
The judgement affirmed that the disputed land was the birthplace of lord
Rama as per the belief and faith of the Hindus and that Babri Masjid was built
after demolition of hindu temple noting that it was not built in accordance
with the tenets of Islam.
 Title Cases

In 1950, Gopal Singh Visharad filed a title suit with the

Allahabad High Court seeking injunction to offer puja (worship)
at the disputed site. A similar suit was filed shortly after but later
withdrawn by Paramhans Das of Ayodhya. In 1959, the Nirmohi
Akhara, a Hindu religious institution,filed a third title suit
seeking direction to hand over the charge of the disputed site,
claiming to be its custodian. A fourth suit was filed by the Sunni
Waqf Board for declaration and possession of the site. The
Allahabad High Court bench began hearing the case in 2002,
which was completed in 2010. After the Supreme Court of India
dismissed a plea to defer the High Court verdict, on 30
September 2010, the High Court of
Allahabad, the three-member bench comprising justices
S. U. Khan, Sudhir Agarwal and D. V. Sharma, ruled that
the disputed land be split into three parts. The site of the
Ram Lalla idol would go to the party representing Ram
Lalla Virajman (the installed Infant Rama deity), Nirmohi
Akhara was to receive Sita Rasoi and Ram Chabutara,
and the Sunni Waqf Board to receive the rest. The court
also ruled that the status quo should be maintained for
three months. All the three parties appealed against the
division of disputed land to the Supreme Court.
 Decision of Court

The final judgement in the Ayodhya dispute was

declared by the Supreme Court of India on 9 November
2019. The Supreme Court of India ordered the disputed
land (2.77 acres) to be handed over to a trust to be created
by Government of India to build the Ram Janmabhoomi
(revered as the birthplace of Hindu deity, Ram) temple.
The court also ordered the government to give an alternate
5 acres of land in another place to the Sunni Waqf
Board for the purpose of building a mosque.
On 12 December 2019 the Supreme Court dismissed all
the 18 petitions seeking review of this verdict.
THANK YOU