SC declines to pass order on safe entry of women in Sabarimala temple

The Supreme Court Friday declined to pass any order on the pleas by two women activists seeking a direction to the Kerala government to ensure safe entry of women in the Sabarimala temple under police protection.

The top court said the issue was "very emotive" and it did not want the situation to become "explosive".

A bench, headed by Chief Justice S A Bobde, said the "balance of convenience" required that no orders are passed in the mater today as the issue had already been referred to a 7-judge bench.

The apex court said it would endeavour to constitute the larger bench at the earliest to hear the matter.

The bench, also comprising Justices B R Gavai and Surya Kant, said though there was no stay on the September 28, 2018 judgment allowing entry of women of all ages into the shrine, "it is equally true that it is not final".

The bench said the pleas seeking review of December last year verdict would be listed at the earliest after the 7-judge bench renders its decision on the reference made to it.

It said it would not pass any orders till the decision is given by the larger bench, and there is no problem if women are happily welcomed in the temple to pray.

When the petitioner's counsel insisted that there was no stay on the last year's verdict, the bench said: "We know that the law is in your favour and if that is not complied and is violated we will send people to jail".

At the outset senior advocate Colin Gonsalves, appearing for one the women activists, told the bench that the Kerala government was not allowing women to enter the shrine and this is akin to stay of the last year's verdict and will send a very wrong signal to the society.

However, the CJI said: "There is no doubt that there is a judgment. There is equally no doubt that the matter has been referred to a larger bench. I have not yet constituted the larger bench.

"The balance of convenience requires that we will not pass the orders today. If the matter will be decided in your favour, we will enforce it."