Lady advocate for an intervenor: forum shopping-the older petitioner-this is publicity litigation. mylords frame some guidance to consider PIL
Advocate Prachi: we know that every freedom and article is subject to some conditions and article 25 is not an exception to that. on interplay-there is a saying that my right and freedom to wing my hand ends where other's start. article 26, whether is subject to other parts- we have to adopt an harmonous construction of interpretation and intent of constitutional framers have to be given.
Advocate: as a policy of judicial restraint, this court may take a call or draw a presumption-article 25 uses the word entitlment, opposite is deprivation. further, there can't be a parity with sabarimala.
Advocate: enter of muslim women in mosque- mosque in question is merely a public trust. petition is canvassed to say that it is the right/obligation of women to enter the mosque. muslim male obligation with privilege of muslim women [presents a chart]- a compulsion on a husband can't be made an obligation on a women.
they themselves have said it is not prohibited, but we can't be directed with a writ of mandamus. every matter where intervention is sought against non-state entity, it must be relegated to the lowest competent court and suit must be filed.
Advocate Kumar: the deity can decide who will enter or not. ritual is nothing to do with menstruation. the 18 steps are there.
after judgment of 5 judges bench, and when reference was made, it was not stated. only 2 entered with police and there was an attempt of 3 others.
Advocate Krishnaraj Kumar for intervenor: civil right of the deity- it is admitted that the property belongs to the deity-in all revenue record it is recorded as sabarimala devaswamy.
even though deity is a perpetual minor and is a juristic person-deity it a pranpratistham[how deity is installed]. i have mentioned that each and every property of the deity covers energy. after material is selected, the conscretation starts.
J Nagarathna: what is the proposition
Advocate: its a living person, we give food for 3 days. it has fundemental and civil rights.
Advocate 2: the constitution of india is a single most document on self determination. determination of religious practice has evolved in 6 phases. this expansive reading has deduced the right of the community and thus requires reconsideration. this reconsideration doesn't make article 26 absolute.
intention of devaru ought to be upheld
Advocate: when one organ is restricted from entering into customary practice, whether another organ can be involved.
Advocate 2: I am arguing from the lens of self determination.
Advocate: there is various conventions and summits
J Sundresh: what do you want to say
Advocate: these practices are connected to faith and religious system. essential practice theory can't be applied to tribal practices.
Advocate 2: refers to a judgments and recent judgment of JJ PK Mishra and Manmohan- it also said bring definition of tribe. tribe is tribe because of their practices- cultural, customary and ritual. put three together, then only a tribe become a tribe.
Advocate 2: this court in multiple instance has directed the government to take unamibgious definition for scheduled tribes. it has not clarified what is a tribe.