AMN / NEW DELHI
Last midnight hearing by the Supreme Court regarding Congress-JDS petition regarding governor invitation to Yeddyruppa to form government or the earlier Yaqoob Menon hanging case are not only the examples of extraordinary sitting of apex court. There are many instances of such hearing in the India legal history.
Here is the list of other instances of such midnight hearing by supreme court and its verdicts in past ..
1. In 1982, a bench headed by Justice Y V Chandrachud, sat at late in the night to consider a plea in from Ranga-Billa that they should not be hanged.
2. In 1985, the apex court’s doors were opened past midnight to hear the bail plea of a prominent businessman L M Thapar, who was charged under the stringent FERA law. Then Chief Justice E S Venkatramaiah was woken up at midnight and he proceeded to grant bail.
3. On intervening night of December 6 and 9, 1992, after the demolition of Babri Masjid at Ayodhya, the case was heard at the residence of Justice M N Venkatachaliah, who later became the Chief Justice of India. The bench headed directed that status quo has to be maintained at the disputed site.
4. In February 1998, the apex court in a late night hearing ordered a composite floor test in Uttar Pradesh to determine who enjoyed the majority – Kalyan Singh or Jagadambika Pal. The floor test restored Kalyan Singh government.
5. January 2010, in the Noida’s Nithari serial murders convict Surinder Koli’s case as well, the apex court heard the late night move on his behalf for staying the execution of his death sentence.
6. On April 9, 2013 Justice M Y Iqbal heard case to stay execution of Mangallal Barela around 11.30 PM and at around midnight ordered a stay on the execution. Advocate Colin Gonsalves got to know about the execution of death sentence against 16 persons at 4 P M and rushed with a petition to the residence of then Chief Justice of India P Sathasivam., who ordered Justice Iqbal to hear the case.
7. A bench on July 29, 2015, sat through the midnight to consider an urgent plea to stay the scheduled execution of lone death row convict of 1993 Mumbai blasts case, Yakub Memon. He was executed next day at 6 AM .
Courtesy: Iftikhar Gilani