CJI: don't force us to come to certain lines of the judgment.
CJI: Article 370 matter, arguments were precise. our intention is to curtail the arguments.
Sr Adv Giri: we will modulate in such a way that we will not delay.
CJI: if first one read out the judgments, the others will refer
SG: What mylords are deciding will govern the functioning of nation for atleast 30-40 years. We are conscious of the court's concern but considering the repercussions. We have also discussed whatever is argued, the next counsel would not.
CJI clarifies the timeline of arguments- whar we find from the list, you are not adhering to timelines. We will not grant time. There are urgent matters awaiting. Every written submission, we will read minutely but please adhere to the timeline.
Advocate: I am on behalf of original petitioner. There is a small history of this case, it is 20 years old.
CJI: We will review the history also
SG: I will take through history also
CJI: Come to our 16 February order, in paragraph 2 we have reproduced the questions.
court is asking about compilation
Bench arrived.
Therefore, the present 9 judges of the multi-faith to begin hearing on these issues:
Issues were raised whether larger questions could be referred in a review petition. A nine-judge bench held that it could. It framed 7 questions of law:
1. What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution of India?
2. What is the inter-play between the rights of persons under Article 25 of the Constitution of India and rights of religious denomination under Article 26 of the Constitution of India?
3. Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the Constitution of India apart from public order, morality and health?
4. What is the scope and extent of the word 'morality' under Articles 25 and 26 of the Constitution of India and whether it is meant to include Constitutional morality?
5. What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25 of the Constitution of India?
6. What is the meaning of expression "Sections of Hindus" occurring in Article 25 (2) (b) of the Constitution of India?
7. Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?
The majority felt that restriction of women entry to temples also concerns:
- entry of Muslim women in a Durgah/Mosque
- exclusion of Parsi women married to a non-Parsi
- legality of practice of Female Genital Mutilation in Dawoodi Bohra community
-Dawoodi Bohra ex-communication
Bench arrived.