Shamshad reading out from the order in Sabarimala review reference.
Adv MR Shamshad says in Sabarimala review, the majority judgment noted a variance between Shirur Mutt and Durgah Committee. In Shirur Mutt, Court said ERP is based on tenets of religion and in Durgah Committee, Court said it can decide. So matter referred, lawyer says.
SG : Shirur Mutt is 7-judge bench, there may be an argument it was a correct law, and with a view to see that decision is independent of Shirur Mutt, either confirming or not, larger combination was preferred.
SG refers to Justice Gajendragadkar's judgment in Durgah Committee Ajmer vs Syed Hussain Ali.
Justice Gupta : They say there is a conflict between Shirur Mutt and Durgah Committee..what is the conflict?
SG : None.
J Gupta : So why it is referred to 9-judge bench?
SG : What constitutes essential religious practice? The other side's argument is even if it is a religious practice, it is protected. It is a constitutionally fallacious argument.
SG : So no hijab or saffron shawls...you are going as students,so go as students...
SG : Then the other part of my submission will come.. (refers to written submissions)..if no uniform has been prescribed by the management, the students shall wear that dress which goes with the idea of equality or unity..so no identification of any particular religion..
Justice Dhulia : You are saying the emphasis is only on dress?
SG : Yes, we did not touch any part of the religion.
J Dhulia : In other words, had there been no uniform, there would have been no objection to scarf or hijab?
Matter resumes.
Bench rises for lunch. To resume at 2 PM.