RAFALE & SABARIMALA REVIEW PETITIONS: SC TO PRONOUNCE

TOMORROW
Overview
The recent action-packed timeline of the Supreme Court adds another two more landmark
judgements to the list with Rafale and Sabarimala review petitions being adjudicated
tomorrow. After the historic verdict on the Ayodhya land dispute matter, Chief Justice of
India Ranjan Gogoi-headed bench of the Supreme Court was left with four other important
judgments that have to be delivered within a week before he demits office on November 17.

SABARIMALA
The apex court, by a majority verdict of 4:1, on September 28, 2018, had lifted the ban that
prevented women and girls between the age of 10 and 50 from entering the famous Ayyappa
shrine in Kerala and the centuries-old Hindu religious practice was held illegal and
unconstitutional .After hearing the parties, including Nair Service Society, Thantry of the
temple, the Travancore Devaswom Board (TDB) and the state government, in favour and
against the review plea the court reserved its decision. Sixty-five petitions — including 56
review petitions and four fresh writ petitions and five transfer pleas — were filed, asking the
apex court to ensure that traditions and culture of the famed temple are protected. The verdict
will come just two days ahead of the Sabarimala Temple reopening for the two-month-long
‘mandalam’ season from November 16. The temple authorities are prepped for the post-
verdict scenarios in and around the temple wherein police force will be posted around the
sphere of the temple and all domestic facilities for the use of devotees are arranged for by the
temple authorities. Considering the violence and resistance witnessed by the nation after the
verdict on removing ban on entry of women, the Kerala government and security authorities
are keeping their fingers crossed and hoping for an accepting and mature outlook from the
public but is ready for any discrepancies that may arise after the verdict tomorrow.

RAFALE

The in-famous rafale review petition will be adjudicated tomorrow wherein previously the
Modi Government was given clean chit in matters of procurement of fighter jet from France.
The petitioners have placed emphasis on the “secret documents” and non-disclosure of many
crucial facts in the case. It was argued extensively that the basis of review petition is same as
the main petition and hence there is no reasonable ground for the review petition.
The review pleas in the Rafale case were filed by advocate Prashant Bhushan and former
Union ministers Yashwant Sinha and Arun Shourie, among others.
Bhushan had referred to various aspects, including alleged suppression of material facts from
the court, and said a FIR should have been lodged and a criminal investigation launched into
the case. He also referred to the documents relating to alleged parallel negotiations being
undertaken by the PMO and said that three members of the Indian Negotiation Team had
objected to the parallel negotiations. He said that a prima facie cognisable offence has been
committed and it warranted registration of the FIR.
In light of the recent landmark judgements, the year 2019 is setting a benchmark in terms of
the social and political changes witnessed in our nation. Both Sabarimala and Rafale add to
the list of cases that have been the most awaited and argued cases in the history of Indian
Judicial System. With the amount of media, Government and Judicial attention gained by
these respective cases, it shines light on how dynamic the Indian demographic has become
and how crucial it is for the Indian society and polity to evolve. Both the cases have been
judged on various parameters and points out loopholes in our system and beliefs that have
lead to infringement of rights of some classes of citizens. Whether taking Sabarimala that acts
against the traditional concepts and looks at the matter from a legal and equalist approach or
taking the layered dilemma of Rafale where attacks and counter-attacks by ruling party and
opposition parties unfolds the dirty politics behind the curtain and exposes major and minor
defects in the system. Increased awareness about one’s right and transperancy demanded by
citizens from the Executive gradually makes it a People’s Nation that is by the people, for the
people and of the people. The disturbances created by both cases post their verdicts is the
concerning factor hence both Executive and Judiciary are undertaking safety measures to
curb any violence that may pertain post the developments.