Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 11]

J Bagchi: come to page 26, you yourself quoted please read that out and then make submissions

Gupta: CJI Bobde referred the matter to 9 judge benches. this is different but the issue is whether court can refer the larger questions in review petition

Gupta: bench of smaller forum can't doubt correctness of the larger forum but it can send it to the chief justice for consideration. chief justice means CJ for the administrative and not judicial side.

Gupta: reads the AMU judgment- on jumping a reference to larger bench. reference to Dahwoodi Board v State of Maharashtra judgment- it clarified a framework on reference has to be made when a smaller bench doubts the correctness of the larger bench

Gupta: kindly see the minority judge in reference- even the minority judgment, both judges were under impression that 7 judge would come but then 9 judge

J Nagarathna: because 7 judge shirur must have to be considered

Gupta: [reads the reference]- you are making a reference for what? you don't want to review

CJI: objection against the reference has been taken down; you are not filing a review. Our time is of no value but your time is of value

Gupta: my argument my be irrelevant but here me

J Nagarathna: why do we hear irrelevant arguments, come to relevant arguments

CJI: your objection is reference is not maintainable, come to the written submissions where you have cited my AMU judgment

Gupta: kindly see 3 judges bench

CJI: you are summing you by referencing to my AMU matter

Gupta: before that, I will refer to two judgments. the speaking order doesn't refer the matter of nine judge bench but to seven judge bench

Sr Adv Ravi Prakash Gupta: this reference has been made to unsettle a settled law. Solicitor General has agreed except for superstitious belief. my serious objection is the reference made by 3 judges to the 9 judges. the other 2 judges said that the review has been filed due to the public pressure.

Sr Adv tells the court about the birth of lord ayyappa.

Sr Adv: Lord Ayyappa was a Buddhist

J Kumar: what is this?

J Nagarathna: is this your belief?

Sr Adv: i will not entry if I don't have belief. there is a temple, where you have to offer oil bottle and if I don't want to offer, I will not entry the temple

J Nagarathna: we want to know why you filed this PIL? what was your objectives?

Sr Adv: we have addressed it before different benches. and if before 9 judges bench, if mylords are asking about maintainability, please let me allow to argue