[Framing Of Issues Referred Sabarimala Reference] Live-Updates From Supreme Court
A 9 judge Bench of the Supreme Court assembled to frame the questions of law to be considered by the Bench on the following matters referred in Sabarimala Reference:Entry of Women to Sabrimala TempleFemale Genital Mutilation Entry of Muslim Women to MosquesParsi women...
A 9 judge Bench of the Supreme Court assembled to frame the questions of law to be considered by the Bench on the following matters referred in Sabarimala Reference:
Entry of Women to Sabrimala Temple
Female Genital Mutilation
Entry of Muslim Women to Mosques
Parsi women entry
The issue of reference will be heard first. Argument on merits will begin next week onwards.
CJI suggests that the issues will be framed by the 9 judge bench itself. Adjourns the matter to Thursday.
IJ states that a bigger courtroom is needed. And live streaming of the proceedings.
CJI: Some other time. Not now.
CJI, to Nariman, states that preliminary issues will be heard first.
SG states that there is a small request. “You may have this chart. One question was framed last week. Question 7. Others have no given their suggestions.”
IJ - I am a lady devotee. My rights are jeopardised. CJI states that he will see.
Rajeev Dhawan interjects about a reference made in 1998 wherein he was the amicus. “Either there is no limit to the remedy, or we treat it as representative.”
Sr. Adv. Giri begins his submissions.
The Bench had made it lucidly clear that review petitions and writ petitions in Sabarimala are kept pending. They are not to be decide
CJI states that this has been stated several times now.
Parasaran responds with, “this is an innovative and constitutional jurisdiction”. It is not only creative, it is also prospective.
CJI states that that is what is said in the reference order.
CJI interrupts Parasaran to ask him about the exact contention of the cases he’s citing.
He’s reading out a judgement to highlight differences between ordinary litigation and PIL. Sabarimala stemmed from the latter.
Sr Adv Parasaran - There is a difference between ordinary litigation and public interest litigation. #Sabarimala arose in a public interest litigation.
An advocate on behalf of an organisation comes in to submit that they were not informed of the discussion regarding the framing of issues. SG states that this organisation cannot be a part of this hearing. CJI states that they should have attended court then.
CJI: We have heard you now.
Divan concludes by stating that it would be appropriate to have a two part hearing. On the scope of the reference and then the rest. Otherwise it will be difficult to proceed.