[Sabarimala Reference] Nine Judge Bench Hearing -Live-Updates From Supreme Court

Sr Adv Jaideep Gupta : The lis between the parties can’t be reopened if there’s no error on the face of the record.

Gupta brings up scenarios where the reference can change the question of law which had been decided in the writ. But, review cannot do that.

CJI then says that Divan will argue for 15 minutes and Gupta will argue for 5 minutes. Then Singhvi can continue.

Sr. Adv. Jaideep Gupta - Nature of review proceedings and that of reference are totally different. They are in conflict. As between the parties to the original litigation, the question can only be opened if parameters of review petition are met.

Another Senior counsel states that “Subjective grounds cannot be the the basis of a reference.” Now, a counsel is iterating the dissent of Justice Nariman in the minority opinion wherein he doesn’t agree with the reference.

Now, referring to 2004 12 SCC 713.

CJI says that he understands what he’s putting forward, but there’s something implicit in the reference.

Dwivedi, talking about Shirur Math, says that it is a 7 judge bench and it must be followed. “We must find a judicial policy, and then decide the reference. This cannot be done. You cannot first lay down the law, and then decide the review”.

This is not the platform to decide the prospects of future reference.

Sr. Adv. Rakesh Dwivedi is making submissions.

While reading out of a judgement, he states that Order of reference does not keep the review pending. “Will grant the review and reopen the case”.

Dhavan : Now, 1. on maintainability of writ, it is a prelude to every writ. The Locus is important.

2. A writ by itself cannot question a judgement of the court.

With this, Dhavan concludes.

Rajeev Dhavan : Has anybody said the judgement in Sabarimala is wrong ? Has anybody said that ?

There has been no error pointed out in the Sabarimala reference judgement.

Dhawan continues, “CJ has the power to refer until without a reference by a judicial order, as said by SG. I don’t believe this to be correct.”

Sr. Adv. K. Parasaran also questions whether an intervener make the submissions regarding the hearing of the review/reference.

Sr. Adv. Rajeev Dhawan will make submissions as an intervener for a former Member of LS.

SG raises the issue that he’s not a part of the case.