'Disappointed That Lawyers Could Not Reach Consensus ', Says CJI On Sabarimala Reference Issues; Matter To Be Taken On Feb 3

As the 9 judge constitution bench is set to hear next week issues on various aspects of religious practices referred to it by a bench considering the Sabarimala review petition, a bunch of senior lawyers today mentioned the matter before the Chief Justice of India, SA Bobde.

They sought clarification regarding the issues that were to be heard and the proposed schedule for conducting the same.

Addressing the lawyers, CJI said "We are are disappointed that you have not arrived at a consensus".

Earlier this week, Solicitor General Tushar Mehta had informed the CJI that lawyers could not reach a consensus on the issues, and urged the Court to re-frame the saem. 

CJI Bobde clarified that the 9 judge bench would assemble on Monday, February 3, and decide how the issues are to be managed. It will be the court's objective to lay out a roadmap for the manner in which arguments will take place, finalize which counsel argues what issue and ensure that there's no repetition of arguments.

On January 13, the bench had asked senior lawyers involved in the case to get together and streamline the seven issues that were to be decided by the bench. Though meetings were held, a final consensus regarding the same could not be arrived at. The lawyers had all given their inputs, but since common ground could not be achieved, the suggestions have all been placed before the Bench, and the ball is back in their court. Senior advocate V Giri also submitted a chart exhibiting the various suggestions with regard to individual issues, which in turn are to be argued by different counsels.  

Addressing the concerns of the counsels involved, CJI Bobde further clarified that the Bench would work on the issues over the weekend and decide the best course of action to be taken. This will be informed to the concerned counsels when the bench assembles on Monday.

The CJI expressed his desire to hear and settle the law, so that each individual case that is concerned with one or more of the issues can subsequently be decided. He also stated that the bench hearing the Kashmir issue should not be disturbed either. So time was of the essence. However senior lawyers including Indira Jaising and V Giri urged J Bobde to consider the matter carefully, without any pressure of urgency. As the CJI assured that the bench will do its job, the lawyers also stated that there should not be any pressure on anyone since the matter involved voluminous judgments spanning across years and required careful consideration.

Senior Advocate Indira Jaising said that there were a wide range of issues involved, which had emanated from very different facts and circumstances, and therefore required clarity in terms of the scope of arguments. Referring specifically to the issues of female genital mutilation and entry of women in Parsi towers of silence, Jaising explained how there are different laws involved in each issue, where the only point of intersection is the Constitution of India. She added that since she was appearing in a number of these questions, for the side which seeks the court's intervention, as opposed to a number of senior counsels who were to argue exclusively in one or two issues and would urge the court not to interfere in matters of religion, she sought some guidance to have clarity in order to focus her arguments. Based on the range of issues that are to be addressed, she wanted an effective manner in which issues were to be argued.

It was also stated that counsels must clear what aspect their arguments would entail. Bringing this up, Jaising also stated that she was arguing on the intersection between gender rights and the constitution. An exchange between her and the CJI then ensued regarding how each of the questions had come up through women who had asserted their rights and challenged religious practices. "Look at the power these women", said Jaising. "We also don't like to be kept away from this power", replied the CJI lightheartedly.