New Delhi, Oct 9 : The Supreme Court Tuesday declined an urgent hearing on a plea seeking review of its verdict allowing women of all age groups entry into the Sabarimala Temple.
A bench comprising Chief Justice Ranjan Gogoi, Justices S K Kaul and K M Joseph had considered the submission of Shylaja Vijayan, president, National Ayyappa Devotees Association through lawyer Mathews J Nedumpara, which contended that the five-judge Constitution bench verdict lifting the ban was "absolutely untenable and irrational".
"It will be listed in due court," the bench said, adding that in any case, the review petition will be heard in chamber and not in open court.
The lawyer, appearing for the Devotees Association, also sought a stay on the verdict and said the temple would be opening on October 16 for pilgrimage.
The bench, however, said the review petition can only be taken up after the Dussehra vacation.
Besides the Association, another petition seeking review of the September 28 verdict of the apex court has also been filed by the Nair Service Society (NSS).
A five-judge constitution bench headed by then Chief Justice Dipak Misra, had in its 4:1 verdict, said banning the entry of women into the shrine is gender discrimination and that the practice violates rights of Hindu women.
The review petition filed by Vijayan submitted that, "Faith cannot be judged by scientific or rationale reasons or logic".
"The notion that the judgment under review is revolutionary, one which removes the stigma or the concept of dirt or pollution associated with menstruation, is unfounded. It is a judgment welcomed by hypocrites who were aspiring for media headlines. On the merits of the case, as well, the said judgment is absolutely untenable and irrational, if not perverse," the petition submitted.
The second petition filed by NSS, an organisation for the uplift and welfare of the Nair community, said as the deity is a 'Naistika Brahmachari, females before the age of 10 and after the age of 50 years are eligible to worship him and there is no practice of excluding worship by females.
"Hence, the delay or wait for 40 years to worship cannot be considered as exclusionary and it is an error of law on the face of the judgement," the plea said.
The NSS said many essential religious practices will be rendered void and the religion itself may be rendered out of existence if the general ground of equality under Article 14 is resorted to and the essential religious practices are tested on the principle of rationality.
"Review judgment and order...on the ground that it is unconstitutional and void inasmuch as it is vitiated by errors apparent on the face of the record; that it is without jurisdiction or in excess of jurisdiction, that it is in violation of principles of natural justice and that it is in violation of express constitutional provisions," the plea filed by Devotees Association said.
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Belthangady: Another incident involving individuals allegedly dancing indecently, dressed in a denigrating manner, and insulting the Azan (Islamic call to prayer) has come to light under the jurisdiction of the Venoor Police Station. A case has been lodged against 17 accused persons and 20 to 30 others who were allegedly involved in the act.
Based on a complaint filed by Mohammed Rafiq, a resident of Poyyegudde house in Padangady village, a case has been registered at Venoor police station against Savya residents Vasantha, Rajesh, Harish, Peradi residents Dayanand, Ranganath, Mohan, Shamit, Ravi, Ramesh Kulal, Suresh, Ashoka Kulal, Dhanush Haradottu, Harish Banthottu, Ramesh R.K, Suresh Barottu, Pramod, Prakash Peradi and 20 to 30 other individuals.
A case has been registered under Section 353(2) along with Section 3(5) Bharatiya Nyaya Sanhita 2023 for disrespecting Islam, Prophet Muhammad and the Islamic prayer Azhan by wearing Muslim attire during a 'Purusha Kattuna' event on April 14th.
A video of the incident is reportedly circulating on various social media platforms. In the purported video, a group of individuals can be seen wearing traditional Muslim attire and allegedly insulting the Azan by dancing indecently during a 'Purusha Kattuna' (a ritualistic dance performed by men of different castes, typically marking the end of agricultural activities) event held in Peradi near Venoor.
This incident follows a similar episode reported just days ago during a Purushara Puja ceremony, where Islam was allegedly disrespected. A complaint had already been filed with the Venoor police regarding that incident.
Leaders from the Social Democratic Party of India (SDPI) had also approached the Venoor police and submitted an official complaint, and demanded immediate action against those who are responsible for creating unrest in the society by wearing Muslim attire and hurting religious sentiments.
The Venoor police have now registered a case following widespread outrage over the alleged video denigrating Islam.