Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 2]

proceedings will continue tomorrow

Sr Adv Dhavan- it is a carriage of procedings suppose someone come on behalf of hindu women, would yourslordship dismiss it

J Nagarathna- yes because no devotee is challenging it and why should this court concern with a non devotee?

Mehta- if I file a petition that let me allow entry to the dargah, who am I ?

J Nagarathna- no devotee has challenged it, it is the person who has no concern

CJI: if this was to be dismissed at threshold it should have been dismissed in 2006

Sr Adv Jaising- we are 20 years down the line, if you want to dismiss, dismiss it, we will pack up bag and go and discharge the reference. either we address you or we don't on the merits. if your lordships feel there is no need to address on merits, kindly discharge the reference we will deal as and when the case arises

Mehta: it would have been dismissed only by two page judgment that you have no locus, not concerned, you are an interpolar

for 25 and 26, you must be of that religious denomination

Mehta: whether a person not belonging to religious denomination or group can question a practice of that religious denomination by filing a PIL?

J Nagarathna; this should be addressed first

Mehta: it was framed as question 7

J Nagarathna: we have all practised in the trial court, if a suit had been filed by such an association,t he first question would have been no cause of action and plaint would have been dismissed

CJI: your objection is articles 25 and 26, these are all personal issues, somebody who has grievance can only come to the court

Mehta- that is the minority view of J Malhotra

Mehta: please see question 7

J Nagarathna: this should be addressed first

CJI: 5 judge has taken the view that if there is any element of public interest, the court can examine-this is what J Nariman said

J Nagarathna: they are not devotees. let us be clear, can any devotees of lord ayyappa file a writ petition challenging it? a non-devotee, a person who is not concerned with the temple, challenges it, can this court entertain the writ petition?