Sabarimala review pleas kept pending by Supreme Court; matter referred to a 7-judge bench

A 5-member Constitution bench of Supreme Court comprising Chief Justice Ranjan Gogoi, Justice Nariman, Justice Khanwilkar, Justice Chandrachud, and Justice Malhotra on Thursday referred Sabarimala review pleas to a 7-member larger bench by a 3:2 verdict. Justice Chandrachud and Justice Nariman have dissented from majority judgment. Furrmore, while delivering its verdict, apex court clubbed entry of women in mosques and tower of silence, legality of female genital mutilation in Dawoodi Bohra community along with Sabarimala issue. However, in light of contrary orders from Supreme Court, petitions have been kept pending and re will t be a stay on earlier judgment which allowed entry of women between group of 10 to 50 years in Sabarimala temple, Kerala.  

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CJI on evolving a judicial policy

CJI contended that it was time that SC evolved a judicial policy to do justice to constitutional principles. He mentioned that in a legal framework, courts should tread carefully with issues regarding religious practices. ting that endeavour of petitioner was to revive debate on what constitutes an integral part of religion, CJI questioned wher a constitutional court could interfere in matters of faith. On or hand, dissenting judgment by Justice Nariman and Justice Chandrachud stated that issue before bench was t that of Muslim women or Parsi women. While admitting that bonafide criticism of judgement was permissible, Justice Nariman made it clear that thwarting orders of court could t be countenanced. 

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Review petition 

On September 28, 2018, SC lifted ban on entry of women belonging to all groups in Sabarimala temple. This sparked off huge protests across Kerala. Travancore Devaswom Board (TDB) which mans shrine, argued that SC could t interfere with a century-old belief. ban on entry of women has been justified on grounds that Lord Ayyappa, presiding deity is celibate. On or hand, government of Kerala supported verdict maintaining that religious practices that clashed with fundamental rights could be set aside. After hearing review petition filed by TDB, Pandalam Royal Family and a group of devotees, Constitution bench had reserved its verdict on February 5. 

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