KOCHI: At a time when the attempt to implement the Supreme Court order allowing entry of young women to Sabarimala has triggered unrest, the attempt by the Travancore Devaswom Board (TDB) to gain more time by filing a petition in the highest court will prove futile, feel experts.
Top lawyers say that had the TDB approached the court immediately after the verdict was passed citing the pathetic condition of flood-ravaged Pamba and stressing on time being needed for reconstruction, the court might have taken a sympathetic view.
Though the situation at Pamba remains the same, the chances of the petition now being treated favourably look bleak, they say.
These legal experts also say that instead of passing the buck to the Board, the government, which is bound to implement the order, could have instead moved the petition.
The move by the TDB to file a petition seeking time to implement the Sabarimala verdict does not make sense, said Supreme Court lawyer Kaleeswaram Raj. Such an application, if moved, is virtually an application for a stay of the Constitution Bench decision of September 28. This has been specifically declined by the Court by its order dated November 13.
"Still further, since the Constitution bench has decided the main case and pronounced the judgment, and since it is again the five-judge bench that decided to hear the review petition in open court, an “application for extension of time” to implement the verdict can only be considered by the five-judge bench that posted the matter to January 22. That bench is not in regular session. Therefore, it is unlikely that a smaller bench will hear and decide the application for extension," he says.
"The ‘public outcry’ argument also does not normally weigh with the court. Earlier, the apex court has gone ahead with its clear and uncompromising stand in matters related to the Padmavat film ban and the misuse of the statute for prevention of atrocities against SC/ST, even when contentions based on law and order problem were raised. Therefore, I feel that the move of the TDB cannot have any impact in the present legal scenario," Kaleeswaram Raj said.
Former Assistant Solicitor General of India Vanchiyoor P Parameswaran Nair said if the Board was genuinely concerned they could have well approached the Supreme Court earlier. This is only an eyewash, he feels. The government and the Board should work in tandem.
Since it was a declarative judgment, the government can go slow in complying with the order, he went on to say, adding that the government should show the magnanimity to wait till the final call is made by the SC.
Former Director General of Prosecution T Asaf Ali said the move of the Board to file a petition was totally a mystery. There was no direction to the government or TDB to do or not to do certain things. The present move is nothing but reiterating the prayers for a stay which has been rejected by the Apex Court, he said.