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Synopsis

A Constitution Bench of the Supreme Court, on Tuesday, reserved its order in the writ petition filed by the Central Board of Dawoodi Bohra Community. The question involved in the petition was 'whether the practice of excommunication in the Dawoodi Bohra community could continue as a protected practice despite the Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016 coming into force'.

The Constitution Bench comprised Justices Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S Oka, Vikram Nath, and JK Maheshwari.

In the arguments Solicitor General Tushar Mehta appearing for the State, requested the Court either to refer the matter to a 9 judge bench or consider the matter and thereby assist the 9 judge bench. Further submitted that since the 1962 judgment was decided by a 5-judge bench, therefore it wouldn't be possible for a bench of the same strength to adjudicate upon it. 

It was also submitted that the petition has become infructuous as the Act in question has been repealed. However, Senior Advocate Sidharth Bhatnagar contended that the matter is to decide the constitutionality of the practice, a

Notably, a 9 judge bench is to decide upon the issue of entry of women into the Sabarimala temple in Kerala along with other 3 matters. The Counsels thus requested to tag the matter with the other petitions.

The matter dates back to the year 1962, when a Bench of the then Chief Justice Bhuvenshwar P. Sinha, Justices AK Sarkar, KC Dasgupta, N Rajagopala Ayyangar, and J.R Mudholkar, in Sardar Syedna Taher Saifuddin vs. State of Bombay, held that  that the impugned Act violated Articles 25 and 26 of the Constitution and was, therefore, void.

Solicitor General Tushar Mehta appeared on behalf of the State, Senior Advocate Fali S. Nariman, Darius Khambata appeared before the Court, Senior Advocate Siddharth Bhatnagar appeared for the petitioners, briefed by Advocate Jatin Mongia, and a team of advocates from Karanjawal & Co., Advocates led by Manik Karanjawala (Founding Partner), Nandidni Gore (Senior Partner) along with Tahira Karanjawal, Niharika Karanjawala, Arjun Sharma, Neha Khandelwal, Karanveer Singh Anand, Ritwik Mohaptra. 

Case Title: Central Board of Dawoodi Bohra Community vs. State of Maharashtra