Minority verdict slams bids to thwart ’18 order

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ibune News Service

New Delhi, November 14

As the Supreme Court referred the issue of discriminatory religious practices to a seven-judge Bench, the minority verdict delivered by Justice Rohinton F Nariman and Justice DY Chandrachud on Thursday frowned upon attempts to thwart its 2018 order allowing entry of women of all age groups into the Sabarimala Temple in Kerala.

“Bona fide criticism of a judgment, albeit of the highest court of the land, is certainly permissible, but thwarting, or encouraging persons to thwart, the directions or orders of the highest court cannot be countenanced in our Constitutional scheme of things,” said Justice Nariman, writing the minority verdict for himself and Justice Chandrachud.

“After all, in India’s tryst with destiny, we have chosen to be wedded to the rule of law as laid down by the Constitution of India. Let every person remember that the “holy book” is the Constitution of India, and it is with this book in hand that the citizens of India march together as a nation, so that they may move forward in all spheres of human endeavour to achieve the great goals set out by this “Magna Carta” or Great Charter of India,” the two Judges said.

“The Constitution places a non-negotiable obligation on all authorities to enforce the judgments of this court. If those whose duty it is to comply were to have discretion on whether or not to abide by a decision of the court, the rule of law would be set at naught,” the minority verdict cautioned.

“Judicial remedies are provided to stakeholders before a judgment is pronounced and even thereafter. That, indeed, is how the proceedings in review in the present case have been initiated,” read the minority verdict.



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Minority verdict slams bids to thwart ’18 order Minority verdict slams bids to thwart ’18 order Reviewed by Online News Services on November 14, 2019 Rating: 5

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