Murali Krishnan Profile picture
Editor (Courts) @barandbench. Formerly @htTweets. Views personal.

Jan 13, 2020, 14 tweets

#Sabarimala hearing to commence today: First 9-judge bench in Supreme Court after more than 2 years. Last one was on Right to Privacy if I am not wrong.

#Sabarimala: 9-judge bench of SC assembles.

We are not hearing review petitions, we are only hearing the seven questions referred to larger bench by the 5 judge bench in Sabarimala case, CJI SA Bobde makes it clear.

#Sabarimala: Lawyer for one of the petitioners in sabarimala says he has not been supplied copies of the petitions in cases raising similar issues on rights of Muslim and Parsi women.

#Sabarimala: Petitioners raising preliminary objections.

Indira Jaising says the review judgment did not decide on correctness of 2018 Sabarimala jidgment and decision on review is a pre-condition to answering the constitutional questions raised in the review judgment.

#Sabarimala: Questions before this bench are academic and it can be decided only if the correctness of Shirur Math judgment or 2018 Sabarimala are in doubt.

As of now, no decision has been given on 2018 judgment and nobody has doubted correctness of Shirur Math, says Jaising

#Sabarimala: Bench seems inclined to hear the case.

"Your lordships have to judicially opine that the decision of the 5-judge bench is incorrect.

Unless someone says Shirur math is wrong, how can a 9-judge bench decide this", Jaising asks.

#Sabarimala: Issues on three religions (Hinduism, Islam and Zorastrianism) are different, they cannot be decided together, says Jaising.

#Sabarimala: "It is not the business of this court to tell people what their religion is", says Senior Advocate Rajeev Dhavan opposing intervention of courts in religious matters.

#Sabarimala: AM Singhvi says it is an extremely important matter, raises two issues.

1. He requests for more time to prepare submissions.

2. The issues have been framed very broadly by Review bench.

#Sabarimala: Singhvi says he along with other lawyers involved are ready to reframe the issues which will help the bench focus the hearing only on the relevant issue to be heard.

#Sabarimala: CJI SA Bobde says bench is thinking of listing all petitions including entry of Muslim women to mosques, female genital mutilation among Dawoodi Borah and entry of parsi women to fire place before the 9-judge bench.

#Sabarimala: All of us have spoken but Mr. Parasaran has not spoken, says Dr. AM Singhvi.

#Sabarimala: Supreme Court orders that a meeting of lawyers appearing for parties should be held on January 17 to finalise the issues to be decided by 9-judge bench

SC Secretary General should attend this meeting.

Parties should finalise the issues in three weeks.

#Sabarimala: Court said that parties should decide who should argue which issue and the time limit for the same; suggests Ayodhya hearing as an example.

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