NEW DELHI: With the Supreme Court's five-judge constitution bench referring the issue pertaining to entry of women in the Sabarimala temple to a larger seven-judge bench, the onus on constituting the new bench will be placed before CJI designate Justice S A Bobde.
Justice Bobde will take oath as CJI on November 18 after the present Chief Justice of India Ranjan Gogoi demits office on November 17.
The Sabrimala temple is slated to reopen on November 17.
“The subject review petitions as well as the writ petitions may, accordingly, remain pending until determination of the questions indicated above by a larger bench as may be constituted by the Hon’ble Chief Justice of India,” the judgment reads.
A lawyer associated with the case said there is no stay on the earlier judgement which allowed women to enter the temple. “Since the majority judgment was silent on any stay on earlier judgment, the SC's earlier order of allowing women of all ages into Sabarimala Ayyappa temple will remain in force till a 7-judge bench hears the matter afresh and gives its ruling,” he said.
“We are yet to decide whether any application seeking a stay on the previous order will be filed or not,” added the lawyer, who did not want to be named.
According to the minority judgement, Justice R F Nariman and Justice D Y Chandrachud directed the Kerala government to enforce the previous judgement and maintain law and order in the state and asked them to give wide publicity to the order.
From our archives - The late TN Seshan on rights, gender and Sabarimala
“Compliance with Supreme Court judgments is not optional,” stated the dissenting minority judgement.