Supreme Court declined to pass an order on a plea by two women, Bindu and Fathima to allow them entry into the Sabarimala temple, today
The top court bench headed by Chief Justice SA Bobde and comprising Justices Surya Kant and BR Gavai said: “We will endeavour to constitute a seven-judge bench at the earliest, and these matters would be taken up after the decision of this bench.
“Every woman who wants to go, must go. But, the situation in the country becomes explosive, we don’t want any violence. There is a judgement, but it is not the last word on the issue”, said the Chief Justice.
“The issue there is a judgement, there is equally no doubt issue for larger bench to look into it. Situation today has been there for thousands of years, but no order today”, said the Chief Justice.
Senior advocate Indira Jaising, representing Bindu, contended before the court: “We are all here to avoid violence, this country based on the foundation of non-violence, we do not encourage violence.
“My client is a Dalit and Hindu woman, and she had entered the temple, as she is a believer”, said Jaising citing November 2018 judgement, which has not been stayed yet. The Chief Justice replied: “The judgement is not the final word.”
The Chief Justice said that the judgement is in petitoner’s favour and this is not a situation where somebody’s private rights are involved and also nobody’s right to life taken away either.
“It is very emotive issue, let the matter go to the larger bench”, said the Chief Justice reiterating that the court is exercising its discretion to not pass the order on Friday in petitioner’s favour.
“We are telling this after considering the impact of the case”, said the Chief Justice. “We are passing no order, if they (temple authorities) happily welcome you to the temple, then we have no difficulty”, added Chief Justice.
The Chief Justice said that he will endeavour to constitute the larger bench at the earliest and also list the review petition before this bench.
The court observed that Bindu will continue to get security until further orders.
The Supreme Court, last month did not stay its September 28, 2018 order allowing entry of women of all age groups into the Sabarimala temple. The apex court, however, referred to a larger bench, the review petitions against the verdict allowing entry of women into Kerala’s Lord Ayappa Temple.
The top court bench, by a majority of 3:2, referred the review petitions to a larger 7-judge Constitution bench. Justice Rohinton Fali Nariman and Justice DY Chandrachud gave a dissenting judgement. The said bench was headed by the then Chief Justice Ranjan Gogoi.
The temple, dedicated to Lord Ayyappa is the most famous and prominent among all the Sastha temples in Kerala, is situated on a hilltop about 4000 feet above sea level in Sabarimala. According to tradition and custom of the temple, women in the age group of 10 to 50 are not allowed to enter the temple.