Justice Dhulia : The doctrine of essential religious practice has been laid down in judgments after judgments.
Mucchala : That is why it has been referred to 9-judges bench.
J Dhulia : Then you will argue 9-judges can't also hear.
Muchhala : I will make it clear. In a case of individual right, the essential religious practice must not be invoked. Somebody may have wrongly applied.
Justice Gupta : You are contradicting yourself. First you say question of essential religious practices must be referred to larger bench.
Muchhala : My submission is certain issues related to interpretation of Constitution must be referred.
Mucchala : Somebody must have done erroneously in enthusiasm. But the Court should know its limits.
Justice Dhulia : I am not understanding this point. You went to the High Court claiming it as an essential religious practice. What option does the HC have? HC gives a decision one way or other and you say it cannot be done.
Mucchala : Constitution clearly provides that Court should not lay down religion for people to follow, Court should not interpret religious scriptures.
Mucchala : There are well settled rules of interpreting Quran, with which the Courts are not equipped with.
Mucchala : Court should not embark upon the task of interpreting Quran and should not pick up just one view. That is what the High Court has done. The translation of Abdulla Yusuf Ali has been taken as divine words.
Muchhala : What the High Court has done is very very objectionable.
Justice Gupta : Right to education is under Article 21A and not under 21.
Mucchala : Under 21A it is only after 14 years. After that an individual has no right to education?