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

Gupta: i have very categorically stated that women of no age should be debarred, all should be allowed. the State and the Board agree.

the divergence is on superstitions.

reads devaru

Gupta: SC said in case of conflict between articles 25 and 26, it has to be harmonised. you can harmonise but how can you reduce it to a husk. he[SG] agreed that devaru case has no problem.

Gupta: what are the essential ingredients for constituting religious denomination, it is not the issues here. whatever may be the reference order, Sabarimala can't be reopened.

J Sundresh: we said we agree with you on this

Gupta: presidential cases are referred as reference cases but this has not been registered as reference case, there has to be a little amendment. reference case must be registered separately. now, my problem is the same causelist is being used in a reference and

CJI: it is a good suggestion on the administrative side, we will consider that

Gupta: now if the presidential reference is concerned

CJI: that is over mr gupta

Gupta: In the Ayodhya case, a reference was there and this court came to the conclusion that these questions can't be answered.

CJI: anjuman also notified the composition of the larger bench

J Sundresh: it is clearly said that in the seven judge bench, the chief justice referred to 9 judge bench

CJI: the problem in anjuman, I have summed up, please read

J Sundresh: mr gupta, listen to us. you are looking everywhere except us

Gupta: I have problem with eye and ears but not with the tongu

Gupta: I was not heard from framing of the issues. when I raised the objection before 9 judge, they came out with the plea that this reference could not have been made. this has not been registered as per the supreme court rule

J Bagchi: what you are canvassing before us today, we will not permit a reference in a review petition so it was traced to article 32 where power of chief justice is not governed by supreme court rule and it has earlier been passed by nine judge bench and remains binding