NEW DELHI : The Supreme Court in 3:2 judgment today kept final verdict on Sabarimala pending and referred a key issue to a Larger Constitution bench.
In the 5-member Bench led by Chief Justice of India Ranjan Gogoi justices Khanwilkar and Indu Malhotra expressed doubts over a Constitution Court having the power to interfere in the integral practices of a religion, putting the onus on a Larger Bench.
Justices Chandrachud and Nariman expressed dissent.
Incidentally there is no stay over 28 September judgment which allows entry of women of all age groups to the Lord Ayyappa temple at Sabarimala.
Reading out the majority judgment, CJI Gogoi referred to practices of female genital mutilation in Dawoodi Bohra community, ban on Muslim women entering mosque, the excommunication of Parsi women from religious activities after marrying outside the community etc.
In his dissent, Justice Nariman, read out his opinion stating that issues of Parsi women and Muslim women were not before the Sabarimala bench and hence could not be tagged with them. The present case is based on a bona fide PIL that raised the issue of women being denied entry on the based of their physiological features, the judge said.
Justice Nariman also came down heavily against violent protests against the court’s judgment. Bonafide criticism of Supreme Court judgment is permissible; but organized efforts to subvert the judgment cannot be allowed, Justice Nariman said. When a judgment is declared, it is final and binds all, he added.
The Constitution Bench led by CJI heard arguments over 56 petitions including those filed by Travancore Devaswom Board, the Pandalam Royal Family and groups of devotees.
The constitutional morality is subjective and should not be applied in matters of faith, they argued. The right to worship has to be exercised in consonance with the nature of deity and essential price of the temple, the petitioners said claiming the earlier judgment to be erroneous to the point. Bringing the case of “Untouchability” under Article 17 into the purview was misplaced , the petitioners added.
Meanwhile the hilltop temple of Sabarimala is all set for its annual pilgrimage season(mandala pooja) which commences tomorrow, 15 Nov.
