Sr Adv Neeraj Kishan Kaul: I didn;t touch any... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]
Sr Adv Neeraj Kishan Kaul: I didn;t touch any facts on excommunication before facts were not there.
1. judgment says as far as ex communication is concerned for religious practice, it can;t be termed as social reforms. mylord CJI also questioned why 5 judge bench didn't read it down- the judgment deals with it and because its consequence based, to read down would be rewriting the legislation
2. mylords said why other people are not part- I represent the head, the state i represented by the AG. 1.5 billion people, who am I suppose to make a part
CJI: you can't plead the people, most are known but duty cast on court to invite the public attention
Kaul: today I am saying is the instances are given from few 1000s people reporting. we have got affidavits contending the factual aspects. the instititon of Dai represents the Imam and the deepest core tenets of the faith require allegiance- what is being questioned is this very authority. an impression is given that for every trivial issue, ex communication takes place. let me tell you for 60 years, there has no been ex communication.
ex communication is not peculiar to us, it has been done to keep the flock together. the constitution bench judgment makes the distinction that whenyou are violating core tenets of faith, will not the head have the right?
we are dealing with a case where there is a history of the Dai.