A three-judge bench of the Supreme Court headed by CJI SA Bobde and also comprising of Justices BR Gavai and Surya Kant has refused to pass orders on the entry of women to the Sabarimala temple till the decision of a seven-judge bench on the issue of entry of women in the age group of 10 to 50 years to the shrine dedicated to Bhagwan Ayyappa.
The three-judge bench made it clear that it is exercising its discretion at this point not to pass any orders. CJI Bobde observed, “There’s no doubt about the judgment (of 2018), nor about the fact that an issue is referred to a larger Bench and that Bench has not been constituted yet…. The practice has been going on for 1000s of years. Balance of convenience is that we do not pass such an order today.”
Senior Counsel Colin Gonsalves, appearing for activist Rehana Fatima argued that this would send a wrong signal. Senior Counsel, Indira Jaising, appearing for another activist Bindu Ammini contended that reference to a larger bench does not translate into a stay on the operation of the order.
In his response, however, CJI Bobde observed, “In our country, the situation has become very explosive. This is one of those issues where we don’t want any violence… It is equally true that this is not the last word…Nobody’s right is being taken away… There is something very emotive in this matter and that’s probably the reason that led to the Court to refer it to a larger Bench.”
Earlier this month, CJI S.A. Bobde had said that its 2018 verdict allowing women of all ages to enter the Sabarimala shrine was not the “final word” and the matter has been referred to a larger bench. Though the Supreme Court had admitted the petitions filed by Rehana Fathima and Bindu Ammini. However, CJI Bobde’s observation- “There is a larger bench now. The September (2018) verdict is not the final word in this issue,” had come as a rather positive development clearly going against the opinion that the 2018 verdict would continue to apply unless it is set aside by the larger bench. Now, with the observations that CJI Bobde has made on Friday, it becomes clear that the apex court is not going to enforce its 2018 verdict which had allowed women, including those falling in the age group of 10-50 years, to enter to the Sabarimala shrine. This has clearly come as a huge setback to those who were eager to desecrate the sanctum sanctorum of the Sabarimala shrine. The reference to a larger bench was being already seen as a foot in the door moment for the devotees. And now the virtual stay on the 2018 verdict has given the Bhagwan Ayyappa devotees an even bigger reason to cheer about.
