SG: Shia and sunni muslims. mylords are not examining theologicial part. But it should consider that Islam is not just Islam and Hinduism is not just Hinduism. mylords may bear in mind while interpreting religion and religious affairs.
SG: central gov is not taking any extreme views. Neither in Shrir Mutt to Sabarimala, 3 things not noticed
a. constituent assembly debates
b. enormity and width of religious in this country- country is having very proud plurality, beautiful part is internal plurality- Hinduism has sub-denominations, each has independent denominations. Same is with Islam, it has one particular holy book and one particular originator but it has internal plurality.
SG: its time court should evolve a judicial policy, its not one judgment being right or wrong. Judicial policy and for authoritative enunciation of not less than 7 judges because shrir mutt is 7 judges. your lordhships will have to interpret Article 25(1)- religion, Article 25(2)- religious practices and 26(b)- to manage affairs relating to religion.
SG begins.
SG: when the court referred matter to 9 judge, CJI Gogoi is the author but he was also the author of the Adi Saiva judgment which takes note of law from Shrir Mutt and till this date. Keeping this in mind, please see why we are before the court.
SG: I agree with Jaising.
CJI: You have given timelines, and I have done consultation with my brother judges and sister judge. Let's see how it goes.
Sr Adv Hegde: mylords may formally rename the matter in terms of the questions referred.
counsels arguing if the question is hearing review of Sabarimala or if it will be limited to answering questions referred.
Sr Adv Singhvi: on each question, mylords my hear the principal parties.
Sr Adv Jaising: one clarification we would like, the review petition would not be heard. if it is to be heard, I would argue that it doesn't lie. Mylords have to decide on the questions. There is no mandamus of the earlier judgment on stay. We would address the issues without concerning the judgment.
SG: lordships would be answering questions referred, others need not to be gone into. Some have gone into personal laws, right of educational institutions. We are only concerned about Article 25.
SG: What I have done, the relevant paras I have extracted in the written submissions.