Thread by @LawBeatInd

#SupremeCourt A Constitution Bench to decide practice of excommunication in #DawoodiBohra Community whether a protected practice.

SG Tushar Mehta submits that even if the lis between parties does not exist, some issues may still survive, which the constitutional court may decide upon.

He further refers to the Sabrimala judgment challenged before a 9 judge bench and asks the court to tag the present matter along with it.

SG Mehta also says that the questions involved are so generic that it has to be referred for consideration before a 9 judge bench

Court then provides alternatives in the matter where it specifically puts forth that either the Court answers the limited questions before it or refer the matter to a larger Bench .

Senior Advocate Sidharth Bhatnagar submits that excommunication is the heart of the matter.

SA Sidharth Bhatnagar then refers to the 2016 Act.

Court: The Act is not in challenge before us. Therefore, we can’t say anything on the validity per se. Do you want us to assume that it will be challenged?

Senior Advocate Fali S Nariman says the point that SG Mehta raised is very important.
Nothing survives in the petition for consideration.
Says in private parties there can not be an enforcement of a writ.

SA Nariman also stipulates that the matter should be referred to a larger Bench.
Bench says the fact that the matter is pending since 1986, also troubles the Court.

Bench reserves order.

[Dawoodi Bohra Community Case] Supreme Court Reserves Order On Whether Excommunication A 'Protected Practice'
@AgathaShukla reports
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