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

IJ says that review had to be decided, and if that’s not acceptable, then you go for a curative, and after that, it becomes an intra-Court appeal.

The judgement can be overruled in another case, but the court is not doing that.

There is a danger that every review petitioner will say that refer the review to a larger Bench, and then there will be no end to this.

IJ: Such an exercise is impermissible by this court. This is without jurisdiction. I am raising a jurisdictional issue. This will not be binding; it will only be advisory.

“Without jurisdiction, want of jurisdiction, lack of jurisdiction; I will not shy away from this. Nariman dodged this.”

CJI says that he didn’t dodge it, he just didn’t say it.

Jaising: “This exercise (about reference or review) should have been conducted by the referring bench.

First, it must be decided whether this order of reference was passed in a review or in a writ.

CJI asks why they must decide these things. IJ responds that that’s because this is a procedure prescribed by law.

Review petitions, as Nariman said, have simply been adjourned. And this is erroneous.

IJ: My submission is that there is no clarity whether the order of the court dated 14.11.2019 has been passed in the writs.

Consequences of review have been spelt out to you. But, this is not necessary in a writ petition; in this you can make a reference to a larger Bench on questions of law.

The scope of the hearing will be substantially different if it’s an order passed in writ or in a review.

She says that SG is right in saying that Order has not been passed in the Review.

She raises the issue of jurisdiction and refers to the cause title.

She is referring to the Order of Reference.

Divan states that if no repetition is going on, then the Bench must give time to every counsel because there are several points.

Sr. Adv. Shyam Divan that he will wait his turn and that he won’t refer to any judgements because he doesn’t want to take too much time.

Sr. Adv. Shyam Divan that he will wait his turn and that he won’t refer to any judgements because he doesn’t want to take too much time.

IJ responds that she supports both Nariman and SG’s line of arguments and she wishes to explain why. She says that she will only take 5-10 minutes.