'Govt must read important Sabarimala dissent order'

'Govt must read important Sabarimala dissent order'

File Photo: A judge of the Supreme Court of India Rohinton Fali Nariman.

A day after his dissenting judgement, Justice Rohinton F Nariman of the Supreme Court on Friday asked the government to read "extremely important" verdict on allowing entry of women of all age groups to Sabarimala temple and ensure that it was "complied with”.

"Please tell your government to read the dissenting judgement delivered in the Sabarimala case yesterday. This is extremely important. We cannot allow violation of our order and it has to be complied with. Inform your authority and the government to read it," he told Solicitor General Tushar Mehta.

On Thursday, Justice Nariman with Justice D Y Chandrachud had dissented to majority view of referring to a larger bench of seven-judge bench the issue of entry of women of all age group to Sabarimala temple, along with similar issues of entry of Muslim women to mosque and Parsi women, married to different faith, to the fire temple and genital mutilation practice among Dawoodi Bohara community.

On Friday, Justice Nariman, who was hearing the appeal of Enforcement Directorate against the grant of bail to Congress leader D K Shivakumar, made an oral observation that the government must read the dissenting judgement and ensure its compliance.

"I will beseech that please remove that impression that we don't read it," Mehta said, who submitted he himself had gone through it.

Justice Nariman, however, shot back, “Your persuasive power is great but you are not able to persuade us. That impression is embedded in my mind and it is irremovable.”

In his separate judgement, Justice Nariman had on Friday had said the SC judgement was final and binding on all and there is no option on compliance.

He had written the Constitution places a non-negotiable obligation on all authorities to enforce the judgments of this court. The duty to do so arises because it is necessary to preserve the rule of law.

“It is no longer open to any person or authority to openly flout a Supreme Court judgment or order, given the constitutional scheme. It is necessary for us to restate these constitutional fundamentals in the light of the sad spectacle of unarmed women between the ages of 10 and 50 being thwarted in the exercise of their fundamental right of worship at the Sabarimala temple,” he said.

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