SC refers plea against practice of excommunication in Dawoodi Bohra

SC refers plea against practice of excommunication in Dawoodi Bohra

NEW DELHI [Maha Media]: The Supreme Court on Friday referred the issue of the practice of excommunication in the Dawoodi Bohra community to a larger nine-judge bench.

On October 11 last year, the constitution bench reserved its order on whether to refer the plea on the issue to a larger bench for adjudication. It was considering if the Shiite Muslim community of a little over 10 lakh people spread across several countries has the right to excommunicate its dissenting members.

Today, a five-judge constitution bench headed by Justice S K Kaul observed that a larger bench of nine judges is seized of the matter relating to the 2018 judgement allowing women and girls of all ages to enter Kerala’s Sabarimala temple.

A nine-judge bench in January 2020 had made clear it was not hearing pleas seeking review of the 2018 judgement and would rather deal with larger issues, including the extent to which courts can intervene in “particular religious practices”.

It had said it would only deal with the issues referred to it by a five-judge bench in the matter.

A five-judge bench, by a 3:2 majority, had earlier referred seven issues for consideration of the larger bench.
 

Related News