Sabarimala: SC bench to frame questions relating to discrimination of women in religious places

The Supreme Court on Monday said it will frame legal questions to be adjudicated by a nine-judge bench on religious discrimination against women at various religious places, the larger questions which have arisen during the Sabarimala temple case. A nine-judge bench headed by Chief Justice S A Bobde said it will inform the parties about the time frame and the legal questions framed in the matter on February 6.

The bench, also comprising justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S A Nazeer, R Subhash Reddy, B R Gavai and Surya Kant, said it will also deal with the issue whether a reference order can be made in review jurisdiction for a hearing by a larger bench. During the hearing, senior advocates Fali S Nariman, Kapil Sibal, Shyam Divan and Rakesh Dwivedi said in review jurisdiction, there cannot be any reference order on issues to be heard by a larger bench.

The senior lawyers contended that in review jurisdiction, the scope is very limited and the court can only see whether the judgment under review has any error apparent or not. Solicitor General Tushar Mehta, senior advocates K Parasaran and Ranjit Kumar, however, opposed the arguments and said the top court while exercising the review jurisdiction can refer a larger issue, which had arisen during the adjudication of the dispute, to a larger bench.

The bench said it will deal with all the issues and frame the questions which needs to be adjudicated by the nine-judge bench.

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