SABARIMALA CASE: SC GIVES 10-DAY DEADLINE FOR HEARING
The 9-judge bench of the Supreme Court constituted to hear legal issues relating to entry of women into Sabarimala temple and similar practices will complete its hearing within 10 days, the CJI said.
NEW DELHI: The Chief Justice of India (CJI) SA Bobde said on Tuesday that the nine-judge bench of the Supreme Court constituted to hear legal issues relating to entry of women into Sabarimala temple and similar practices in other religions will try and complete its hearing within 10 days.
Chief Justice Bobde had set up the nine-judge bench earlier this month to decide constitutional questions raised last year by a five-judge bench that had heard the review petitions against the 2018 Sabarimala verdict.
When the Centre’s second senior-most law officer, solicitor general Tushar Mehta mentioned the matter in court, the CJI made it clear that the parties will have to wrap up their arguments early next month.
The five-judge bench, in its November 2019 judgment, observed that the practices entailing restrictions on entry of women in places of worship was not limited to the Sabarimala case, but also arose in respect of three other cases pending before the Supreme Court. One was on entry of Muslim women in a dargah/mosque and another case was Parsi women married to non-Parsi men into the holy fire place of an Agyari. The third case was regarding the practice of female genital mutilation in the Dawoodi Bohra community.
Thus, the court said, the issues concerning women’s rights vis-à-vis religious practices require consideration by a larger bench of not less than seven judges so as to ensure that a judicial policy is evolved to do substantial and complete justice. The court also framed seven questions to be decided by the larger bench.
When the nine-judge bench assembled for hearing on January 13, CJI Bobde asked the parties to reframe the questions that the nine-judge Constitution bench should answer. A meeting was convened by the Registrar General of the top court on January 17 in this context.
However, Mehta on Tuesday said the lawyers who attended this meeting could not arrive at a consensus on the issues and requested the court to finalise the questions. Mehta also handed over to the CJI a chart containing inputs of the lawyers on the issues to be considered. CJI Bobde agreed to the request while remarking that the case will not be heard for more than 10 days.
The 9-judge bench of the Supreme Court is expected to reconsider a 65-year-old judgment delivered by it - The Commissioner, Hindu Religious Endowments, Madras v. Shri Lakshmindar Thirtha Swamiyar of Shri Shirur Mutt. This judgment, rendered in 1954, laid down a test called essential religious practices test which has been the basis for courts pronouncing upon issues touching upon religion and religious practices.