Utkarsh Anand Profile picture
National Legal Editor, Hindustan Times Past: CNN-News18, Indian Express, Press Trust of India

Jan 13, 2020, 16 tweets

Nine judge bench assembles In the #SupremeCourt to hear #Sabrimala, other similar issues on women's right to enter places of worship.

At the outset, #CJI SA Bobde clarifies the #SupremeCourt isn't hearing the #Sabrimala review but will take up the points of reference relating to rights to pray and religion, as cited by the 3:2 majority view in Nov last order.

#CJI reiterates the nine-judge bench isn't deciding any writ petition vis a vis #Sabrimala or mosques or fire temples.

Lawyer for Indian Young Lawyers Asocn objects to reference being entertained. He argues the #SupremeCourt isn't bound to answer the reference.

#CJI: "You don't seem to see the purpose of this reference. You will discover it once you start hearing the proceedings patiently."

Sr adv Indira Jaising submits the reference can't be entertained without delivering its order on #Sabrimala review. She adds other matters relating to other religions are also not before this bench.

#CJI: We may list the other cases with the bunch of these cases to get full facts. There is no problem. Also, see our order in the list. We have said in our order the review in #Sabarimala will be listed after the reference is answered.

Jaising: The matter has come before 9-judge since Shirur Matt was a 7-judge bench judgment. But nobody has said Shirur Matt was wrongly decided.

#CJI: Questions raised in these matters are indeed important. These questions need to be answered.

Sr adv Rajeev Dhavan appears in person, saying he hopes to intervene. Dhavan says freedom of religion can't be restricted. "It isn't for a court to say what my religion is or what are my essential religious practises are."

#Sabrimala

#CJI: We don't see merit in any objection. We will want to proceed with the matter.

Sr adv AM Singhvi appears for Travancore Devaswom Board, asks for re-framing issues so that specific points can be answered by the nine-judge bench.

#Sabrimala

Issues to be fine tuned and re-framed by the nine-judge bench as #CJI adds all writ petitions relating to Islam, Parsi temples, Dawoodi Bora, Jain community to be listed along with #Sabrimala review cases on the next date of hearing.

"We won't decide what is incapable of being decided but we will decide everything that can be," says the #CJI while reiterating lawyers will be bound by time and issues to argue.

#Sabrimala

#CJI: "We will list all issues relating to Muslims, Parsi etc before us so that there is no handicap for anyone to argue. But we may still not decide the individual petitions."

#Sabrimala

All lawyers to have a consultation for framing issues to be considered by the nine-judge bench. Secretary General of the #SupremeCourt asked to attend this meeting.

#Sabrimala

Three weeks given to lawyers for finalising issues to be considered by the #SupremeCourt pertaining to #Sabrimala and others.

Lawyers to have a conference on Jan 17 for finalising issues.

Lawyers' meeting to decide:

* Whether any of the issues to be re-framed or added, and in what manner

* Time to be allotted to each counsel in the case

* Particular points to be addressed by each lawyer

#Sabrimala

"We will go chronologically. These are century-old issues and they need to be decided first": #CJI says as Jaising says #CAA hearing shouldn't be delayed because of the present case.

Next hearing in #Sabrimala related reference case is tentatively on Feb 10.

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