NEW DELHI: The Supreme Court on Friday said it will hear on Monday a lawyer’s plea that he was getting threats for filing a PIL seeking entry of women in the Sabarimala temple. “Let people know this that once a public interest litigation (PIL) is filed and entertained, you cannot withdraw it,” a Bench of Justice Dipak Misra and Justice N V Ramana said.
The observation came when Naushad Ahmed Khan, president of Indian Young Lawyers Association (IYLA) which filed the PIL on the Sabarimala issue, sought urgent hearing of the matter saying he has received 500 threatening phone calls and wanted to take back the PIL.
For now, Khan has been given security by a guard in the Delhi Police and on Monday it will decide as to which type of security will be given in future. The Bench said it may think of appointing an amicus curiae to assist the court in the case. The question of the right of women would be decided constitutionally.
The PIL has sought entry for all women and girls in the temple. The apex court, on January 11, had questioned the age-old tradition of banning entry of women of menstrual age group in the temple saying this cannot be done under the Constitution.
“The temple cannot prohibit entry of women except on the basis of religion. Unless you have a constitutional right, you cannot prohibit entry. Anyway, we will examine it on February 8,” the Bench had said.
It had asked the government whether it was sure that women have not entered the temple premises in the last 1,500 years. On this, the Devaswom Board said the prohibition was based on custom followed for the past half century. The Bench also observed that it was a public temple and everyone needed to have “the right to access”. There can be religious restrictions and not a general restriction, it said.
Senior advocate K K Venugopal, appearing for the Kerala Government, had said women, who have not attained menopause, cannot preserve the purity during the religious journey to the temple.
the bitter pil
The observation came when Naushad Ahmed Khan, president of Indian Young Lawyers Association which filed the PIL on the Sabarimala issue, wanted to take it back
[[We may think of appointing an amicus curiae to assist the court in the case. The question of the right of women would be decided constitutionally — SC bench
[[Let people know this that once a public interest litigation (PIL) is filed and entertained, you cannot withdraw it
— SC bench