Supreme Court of India
Supreme Court of India

Sabarimala case: SC to pronounce order on maintainability of reference in review on Monday

ANI | Updated: Feb 06, 2020 17:47 IST

New Delhi [India], Feb 6 (ANI): The Supreme Court will pronounce on Monday its order on the maintainability of reference order in review jurisdiction in Sabarimala temple matter.
A nine-judge Constitution bench headed by Chief Justice of India (CJI) Sharad Arvind Bobde will also simultaneously pronounce the issues which would be taken up for hearing by a new bench.
A nine-judge Constitution bench of the Supreme Court today heard the arguments on the issue whether the apex court can refer questions of law and what can be the composition of the law on the issue of the review petitions pending before it.
"We will pronounce the order in Monday," the Apex Court today said, after hearing arguments from all the respective parties.
The apex court will pass the order in Monday as to the limited question of "Whether the court can refer questions of law to a larger bench in a review petition".
Besides the CJI, the other eight judges in the bench are -- Justices R Banumathi, Ashok Bhushan, L Nageshwar Rao, Mohan M Shantanagoudar, S Abdul Nazeer, R Subhash Reddy, B R Gavai, and Surya Kant.
Solicitor General Tushar Mehta, appearing for the Central government, told the court that there are questions in the matter which require to be adjudicated by this court and the issue has to be dealt with in a proper manner.
"You are my lord. You have to take a decision keeping on the point on a larger view. The case can be considered on a larger perspective so that the matter can be put to a final settlement and the issues raised out of the controversy in the case can be addressed," Mehta said.
"Legal compulsions can't be limited, new areas calling for judicial scrutiny can be taken into consideration," Mehta told the court.
SG Mehta said that besides Senior Counsel Fali Nariman it is nobody's stand that reference was made in the Sabarimala review.
The bench is hearing matters relating to discrimination against women in various religions including Kerala's Sabarimala temple, mosques, the practice of female genital mutilation in the Dawoodi Bohra community and Parsi women married to non-Parsi men being barred from its holy fire temple.
Last year, a five-judge Constitution bench had referred to a larger bench the issues relating to the constitutional validity of religious practices like barring entry of women and girls into a place of worship.
It had observed that the issue of the constitutional validity of religious practices like barring entry of women and girls into a place of worship was not limited to the Sabarimala case. (ANI)

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