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

Gupta; why there was a need for article 26(b)? the expression in a is religious and charitable, and 'and' and not 'or'- trusts are running hundreds of schools. all these religious and charitable institutions must not be interfered with. ok, some powers are carved out for religious denominations but they shouldn't be keep so high that it can't be judicially reviewed.

CJI: lord ayyappa has been bramachari; your argument is that this is a declaration by an astrologer? your argument is if women can climb to mount everest, why not sabarimala?

Gupta: there is no concept of absolute freedom.if the expression freely is to be read with equally, it means all persons can exercise the right subject to public order, morality and health. if this right in religious institution, it has to be exercised reasonable.

J Nagarathna: that means, if people have no belief can enter the temple

Gupta: do they give an undertaking?

J Nagarathna: this is quite serious-person who has full faith will follow what is required for the performance of worship but if any devotee say I will enter even if I don't belief, this court will not encourage such person

such a person will not say I will break the niyams and ask this court to protect

Gupta: this is not in sabarimala

J Nagarathna: you are not a true believer

Gupta: words have been imputed that lord ayyappa didn't like young women

Gupta: the constitution makers took care to not provide right to profess in article 19 because it is limited to persons but article 25 refers to all persons.

Gupta: right to practice includes the right to entry. I as a matter of right can go to Masjid provided I follow their beliefs. expression freely is very significant as there are no fetters, it doesn't disturb public order, morality and health. the expression free is concomitant to similar rights of freedom.

Gupta: expression person has been defined in general clauses act, which includes body corporate etc. I will give the position of 10-12 countries. the word his/her is missing in constitution of nigeria in right to profess and practice any religion. refers to constitution of bangladesh, article 24 of Constitution of Vietnam, 29(1)(c) of Constitution of Uganda.

Gupta: please see religion- combined reading, constitutional framers provided for 3 rights-individual, denominational states and state's right to regulate. the right to religion is only given to religious denominations and not to any follower of general religion.

J Nagarathna: what is your argument?

J Bagchi: your most important argument is certain page, please refer. history of religion we will read

Gupta: reads Gita

CJI: your entire translation is wrong, why are you misdirecting us

Gupta: suppose it is found to be a part of article 26(b), suppose I erect a Khajuraho temple in my colony and residents don't agree, will not the court interfere?

CJI: your knowledge is extremely poor of these temples, you have absolutely no knowledge