Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

Sabarimala reference: Supreme Court reserves order for Monday

IANS
Updated: February 6th, 2020, 23:30 IST
in National
0
A bench headed by Chief Justice SA Bobde asked lawyer ML Sharma, who mentioned the matter seeking urgent hearing, to move the Delhi High Court with his plea.

A bench headed by Chief Justice SA Bobde asked lawyer ML Sharma, who mentioned the matter seeking urgent hearing, to move the Delhi High Court with his plea.

Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: A nine-judge Constitution Bench of the Supreme Court Thursday reserved its order for Monday after a day-long hearing on whether a reference made to the larger Bench could have been made by a five-judge Bench, while hearing review petitions challenging the Sabarimala judgment.

The court will frame the questions of law after pronouncing the order. “The order will be pronounced Monday… and the issues will also be framed Monday,” said the Bench, headed by Chief Justice SA Bobde and comprising Justices R Banumathi, Ashok Bhushan, L. Nageswara Rao, Mohan M. Shantanagoudar, S Abdul Nazeer, Subhash Reddy, BR Gavai and Surya Kant.

Also Read

Kerala poll

Kerala polling data delay row intensifies despite CEO clarification

47 minutes ago
Pic- IANS

Last senior Naxalite neutralised in Chhattisgarh encounter, claims police

1 hour ago

The Bench is to decide if these are essential religious practices and if so, to what extent the courts can interfere. The court is likely to begin hearing the matter next week.

The Chief Justice queried senior advocate Fali S Nariman about the Delhi Judiciary Officers’ case where he had argued and had referred to a principle in Halsbury, according to which the Supreme Court could exercise jurisdiction with no bar.

Many senior advocates involved with the Sabarimala verdict review argued that the top court couldn’t refer questions of law, while dealing with review petitions, to a larger Bench.

The Chief Justice after hearing the arguments observed by making a reference order the court had not prejudicially affected anyone’s rights. It might be the most innovative idea, but it had not affected any rights, he observed.

Solicitor General Tushar Mehta, representing the Centre, opened arguments supporting the reference to the larger Bench and emphasised it had nothing to do with the Sabarimala review.

In November 2019, the five-judge Bench through a majority 3:2 decision didn’t refer the review to the larger Bench and instead referred larger questions on religious right and the scope of judicial scrutiny.

The Centre’s top law officer cited the apex court decision in the Navtej Johar case, where a five-judge Bench struck down Section 377 of the IPC, even as the curative petition against the 2013 decision of the Division Bench that upheld the provision was pending. “If there was a question of law, the court can constitute a larger Bench to settle the issues,” contended Mehta.

Submitting that the reference to the larger Bench was not maintainable, Nariman said the order passed in November was a mere adjournment and couldn’t be equated as a reference. “When questions have been long settled, the top court can’t unsettle them using its inherent powers,” contended Nariman.

Senior advocate Jaideep Gupta, representing the Kerala government, also opposed the reference to the larger Bench and insisted the nature of the review proceedings and the reference were different, and in fact were in conflict.

To this, the Chief Justice said the judges had doubt about the correctness of their decision.

Gupta said unless there was an error in law, “You can’t review a case based on a law laid down for the future. The review can’t be decided post-reference, if it does then the question of law decided in the reference will become a ground in the review. It becomes an appeal.”

The conflict would arise where the court couldn’t review a case based on law, which was newly decided in the reference, he said.

Senior advocate A.M. Singhvi, representing the Travancore Devaswom Board, supported the reference to the larger Bench citing the the top court’s inherent powers. He also cited the Navtej Johar case.

Senior advocate K. Parasaran also concurred with Singhvi’s view.

(IANS)

Tags: SabarimalaSupreme Court
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Priyabrata Mohanty

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019
#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Smitarani Sahoo

December 12, 2019
#MyPaperBagChallenge

D Rama Rao

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Anup Mahapatra

December 12, 2019
#MyPaperBagChallenge

Adrita Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Akshaya Kumar Dash

December 12, 2019
#MyPaperBagChallenge

Aishwarya Ranjan Mohanty

December 12, 2019
#MyPaperBagChallenge

Lopali Pattnaik

December 12, 2019
#MyPaperBagChallenge

Bijswajit Pradhan

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar Ghibela

December 12, 2019
#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

Spinoj Pattnaik

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Akriti Negi

December 12, 2019
#MyPaperBagChallenge

Mandakini Dakua

December 12, 2019
#MyPaperBagChallenge

Tabish Maaz

December 12, 2019
#MyPaperBagChallenge

Chinmay Kumar Routray

December 12, 2019
#MyPaperBagChallenge

Narendra Kumar

December 12, 2019
#MyPaperBagChallenge

Praptimayee Biswal

December 12, 2019
#MyPaperBagChallenge

Pitabas Tripathy

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019

Archives

Editorial

Consigned to Sidelines

US-Iran Peace talks
April 13, 2026

The collapse of the Iran–US peace talks in Islamabad marks yet another sobering moment in a conflict that has already...

Read moreDetails

Global Bystander

April 12, 2026

By Aakar Patel I am not sure why but we find the idea of international mediation distasteful. This distaste is...

Read moreDetails

Capacity Crunch

April 11, 2026

By Dilip Cherian At what point does a staffing shortage become a governance failure? Madhya Pradesh may have already crossed...

Read moreDetails

Armageddon

War
April 8, 2026

The world is forced to pass through harrowing moments by the rantings of US President Donald Trump. In his latest,...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST