1. The #PadmanabhaswamyTemple case was taken up by Justices U U Lalit and Indu Malhotra today for final hearing. The Bench has positively indicated that final arguments will commence today at the end of the board.
2. The Counsel for the State Government of Kerala and other Respondents wanted the issue of Kallara B (Vault B) of the Temple to be resolved before the commencement of final arguments.
3. Mr. Krishnan Venugopal, Counsel for Shri Marthanda Varma, drew attention to the order of July 4, 2017 wherein the Court had indicated that the issue of Vault B would be taken up after final arguments in the matter.
4. Mr. Krishnan Venugopal pointed out that the inner chamber of Vault B has never been opened due to religious reasons and must remain so.
5. The Bench accordingly observed that the issue of Vault B shall be taken up after all parties are heard. The matter will be taken up today after all other matters.
6. The Bench has taken up the #PadmanabhaswamyTemple case. Mr. Krishnan Venugopal has commenced arguments on behalf of the Appellant, Shri Marthanda Varma
7. Mr. Venugopal submits that he disagrees with the judgement of the Kerala High Court wherein the High Court held that Shri Marthanda Varma has no rights with respect to the Temple after the abolition of privy purses by the 26th amendment of the Constitution.
8. Mr. Venugopal is walking the Court through the history of the Temple and its origins to establish that every version of the history shows that the Temple was established by the King of Travancore.
9. Mr. Venugopal narrates the dedication of the erstwhile Princely State of Travancore to Lord Padmanabhaswamy in 1750 and proclaims that thenceforth he shall be known as Padmanabha Dasa i.e. Servant of Padmanabha.
10 Mr. Venugopal clarifies that even when the Devaswom Board was formed, the #PadmanabhaswamyTemple was directly governed by the King. Therefore, the High Court was wrong in assuming that all Temples fell under the Travancore Devaswom Board.
11. Mr. Venugopal narrates the sequences of events leading to the accession of the erstwhile Princely States of Travancore and Cochin to the Union of India.
12. Mr. Venugopal points out that the erstwhile King at the time of accession had highlighted the insistence of the King on retaining his position as Padmanabha Dasa with respect to the Temple given the special relationship between the Travancore Family and the Temple.
13. Mr. Venugopal draws attention to the recognition of the special relationship between the Travancore Family and the Temple in Covenant of Merger executed between the Princely States of Travancore and Cochin, and the Indian Union.
14. Mr. Venugopal submits that the Covenant forms the basis of the Travancore Cochin Hindu Religious Institutions Act 1950.
15. Mr. Venugopal points out that the Ruler of Travancore continued as the Rajpramukh of the merged Travancore-Cochin State.
16. Mr. Venugopal walks the Court through the role of the Travancore King in the construction of the Temple and the current role to make the point that neither the Covenant nor the 1950 Act is the source of the position of the Travancore Family.
17. Mr. Venugopal further states that both the Covenant and 1950 Act merely recognise the pre-existing position of the Family with respect to the Temple.
18. Hearing is over for today. Will continue tomorrow

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More from @People4Dharma

13 Jul
1. Justice U. U. Lalit pronounced the judgement in the #SriPadmanabhaswamyTemple case today.
2. Justice Lalit observed that the judgement has been delivered under 5 segments. The Shebaitship of the Ruler of Travancore Family over the Temple has been upheld by the Supreme Court.
3. The Supreme Court has held that the Shebaitship of the Travancore Royal Family was not affected by the 26th amendment to the Constitution and that the descendants of the family continue to have rights of Shebaitship in accordance with the traditions of the Temple.
Read 8 tweets
7 May
1. The Guruvayur Sree Krishna temple has become a cash cow for secular government ever since it was taken over by the Kerala state government in 1971
2. In 1977 when the Kerala state government tried to take money from the temple for its housing scheme, the Kerala High Court prevented the govt from taking temple money and struck down many sections the act as it was found to be in violation of Article 26 of the constitution
3. However in 1978, the Kerala State Government once again retained the administration of the temple by passing a new act called Guruvayur Devaswom Act of 1978
Read 13 tweets
7 Feb
1. The 9 judge bench of SC constituted to hear larger issues of Fundamental rights under Art 25 & 26 and authority of court to determine essentiality of religious practices assembled on 3rd Feb to frame broader questions on matters referred to it by the Sabarimala review verdict
2. During this hearing it was argued that the scope of review jurisdiction is very limited and the review Bench could not have framed new issues for reference to a larger Bench.
3. This preliminary question was considered on 6th Feb 2020. SG Mr. Tushar Mehta first addressed the Court and submitted that besides Senior Counsel Fali Nariman, it is nobody’s stand that reference to 9 judges’ Bench was made in pending review petition.
Read 155 tweets
13 Dec 19
1. The three Judge Bench headed by the Hon’ble CJI Shri S A Bobde clarified that in view of the questions raised in the Review Verdict in the #Sabarimala case, the balance of convenience lies in favour of the practice of the Temple which has existed for over a 1000 years.
2. The CJI observed that while it could be argued that there is no stay of the 2018 verdict, the Court is exercising its discretion to not pass orders allowing entry until questions raised in the Review Verdict are finally decided by a larger Bench.
3. The CJI also observed that the majority view in the Review Verdict deemed it fit to entertain the Review Petitions as well as refer to a larger Bench since the 2018 verdict merits reconsideration.
Read 9 tweets
14 Nov 19
The Constitution Bench presided by the Hon’ble Chief Justice of India pronounced its judgment on the review petitions challenging the verdict of September 28, 2018 which permitted entry of women into the Sabarimala Ayyappa Temple.
The review petitions hv been held maintainable by 3 of 5 Judges who have taken view that review petitions hv raised at least 7 imp questions which merit consideration by larger Bench since it also impacts question of entry of Muslim women into Mosques & Female Genital Mutilation
Some of the questions framed by the majority include the question of whether a Court can decide as to what amounts to an essential religious practice in so far as particular place of worship is concerned.
Read 6 tweets
11 Apr 19
@jsaideepak 141A. which they haven't performed for several decades in thousands of Temples. And yet the government has continue to collect that cut.
@jsaideepak 142. Mr. @jsaideepak pointed out that such a fee was justified by the State Government of TN in the Shirur Mutt case as not being a tax within the meaning of Article 27,
@jsaideepak 142A. - and only a fee for performance of administrative and audit services. And yet, the State has proved to be most incompetent and disastrous for Temple administration since 1951
Read 75 tweets

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