Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]
Today is the 15th day of arguments before the 9-judge bench of the Supreme Court in the Sabarimala reference.Apart from CJI Surya Kant, the Bench comprises Justice BV Nagarathna, Justice MM Sundresh, Justice Ahsanuddin Amanullah, Justice Aravind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.Day 1 Report :Not Reviewing...
Today is the 15th day of arguments before the 9-judge bench of the Supreme Court in the Sabarimala reference.
Apart from CJI Surya Kant, the Bench comprises Justice BV Nagarathna, Justice MM Sundresh, Justice Ahsanuddin Amanullah, Justice Aravind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.
Reports from Day 3 Hearing are given below :
There Are Temples Where Only Women Can Go : Centre To Supreme Court In Sabarimala Reference
Reports from Day 4 Hearing are given below :
Difficult To Declare Belief Of Millions Wrong : Supreme Court In Sabarimala Reference Hearing
Reports from Day 5 hearing :
Day 6 hearing reports :
Day 7 hearing reports :
Day 8 reports :
Can't Take Information From 'WhatsApp University': Justice Nagarathna
Day 9 reports :
'Don't Argue Like This' : Supreme Court Rebukes Lawyer In Sabarimala Reference Hearing
Day 10 reports :
Day 11 reports :
Day 12 reports :
Day 13 Reports :
Day 14 Reports :
Follow this page for today's live updates :
Advocates continue to make brief rejoinder arguments.
Arguments to continue and conclude tomorrow.
Pasha: when I was reading 1986, it was said that there is no formal ex communication but its a word of mouth-that is the nature of facts pleaded and it can't face judicial scrutiny.
Adv Nizam Pasha: colourful argument made by hedge that I can be hindu, be muslim have lunch, etc. while article 25 is broad enough, there is a corresponding collateral arises. the right of a group, there is no corresponding right to recognise individual's self identification.
Consciously, group right is placed over individual's right as they may have rights of passage.
On Khambatta's argument a proposal was moved that there should be an obligation that nobody should create interference into inter-caste. we have chosen to preserve. mylords give protection to intercaste,intermarriage that is the choice of individual. the collective does have a right to self preserve.
Sr Adv J Sai Deepak also makes brief rejoinder submissions.
Gopal: whether article 25 is a horizontal right against article 26- the consequence is how do you disentitle that? it is subject to as per my submission.
Sr Adv Gopal Shankarnaryan: refers to one judgment- if entry into religious place of worship doesn't fall in article 26, the conflict doesn't arise. if mylords see the devaru judgment, the reasoning it starts with is where the error creeps in- two provisions of equal authority- subject to the other parts are there- the error does violence
CJI: when parliament steps in, the court's first presumption si that the people demanded it
Kaul: mylords will havr to see whether it falls within the realm of social reforms or not.
Sr Adv Neeraj Kishan Kaul: I didn;t touch any facts on excommunication before facts were not there.
1. judgment says as far as ex communication is concerned for religious practice, it can;t be termed as social reforms. mylord CJI also questioned why 5 judge bench didn't read it down- the judgment deals with it and because its consequence based, to read down would be rewriting the legislation
2. mylords said why other people are not part- I represent the head, the state i represented by the AG. 1.5 billion people, who am I suppose to make a part
CJI: you can't plead the people, most are known but duty cast on court to invite the public attention
Kaul: today I am saying is the instances are given from few 1000s people reporting. we have got affidavits contending the factual aspects. the instititon of Dai represents the Imam and the deepest core tenets of the faith require allegiance- what is being questioned is this very authority. an impression is given that for every trivial issue, ex communication takes place. let me tell you for 60 years, there has no been ex communication.
ex communication is not peculiar to us, it has been done to keep the flock together. the constitution bench judgment makes the distinction that whenyou are violating core tenets of faith, will not the head have the right?
we are dealing with a case where there is a history of the Dai.
Singhvi: entry means meaningful entry.
on last issue, I gave 23 cases which were suits. there was one writ but in a different context. a non believer ordinarly lacks the sufficient reason to challenge it because other community follows such practice which is being challenged.
where there is no state action, the court ought not to entertain it.
Mr luthra started talking about FGM. My point is this we strongly rebut- sabarimala is a matter factually decided and the other matter is tagged. there is santhara in the jains, those are issues with no factual basis.
not only there was no factual ground, this is deliberately called FGM in Africa. what is done is by a very progressive community similar to male circumcision and suddenly its being called FGM. I oppose the FGM, I will be excommunicated- this is false, as its purely voluntarily ritualistic. I am representing an organisation of 80k women.
Singhvi: entry must still be governed by article 25(2)(b)- after you entry, all parts of worship will be governed by article 26. santum sanctorum may be different.
J Nagarathna: what is the meaning of entry when you are asked to stand in the corner?