In the petition, the Kerala government said that the High Court rulings were ‘against the spirit of the constitution bench’s judgement’.

Kerala govt moves SC seeking transfer of Sabarimala cases from High Court
news Sabarimala Tuesday, December 04, 2018 - 08:41

The Kerala government on Monday moved the Supreme Court to transfer all pending cases pertaining to Sabarimala before the High Court to the apex court. The government also sought a stay on all cases considered by the Kerala High Court, where its Devaswom Bench is nearing 23 writ petitions related to the Sabarimala issue. The government moved the apex court stating that the High Court was passing orders “against the spirit of the constitutional bench’s judgement.”

The government stated that despite deploying a large contingent of police officers, it has not been able to implement the SC orders allowing women of all ages to enter the temple. The High Court’s contradictory orders are making it difficult for the state to carry out the Supreme Court orders, the petition added, before requesting all High Court proceedings to be moved to the apex court.

According to reports, the state government will also file another petition against the HC’s appointment of a three-member panel, which included Justice S Sirijagan, Justice PR Raman and DGP A Hemachandran, to observe and ensure smooth pilgrimage at Sabarimala. In addition to overseeing the proceedings at the shrine, the panel can also take on-the-spot decisions.

When asked about the government’s decision to approach the Supreme Court,  Pinarayi Vijayan said that legal advice has been sought and action would be taken accordingly.

The Kerala government witnessed several protests against the September 28 Supreme Court verdict allowing women to enter Sabarimala. Following violent protests when the temple opened in October, the government decided to impose prohibitory orders in Sabarimala, Pamba, Nilakkal and Elavunkal.

The Kerala HC, while hearing writ petitions, had asked the government to relax some of the restrictions at the temple, including Section 144 (prohibitory orders). The High Court even said that those who wanted to visit the temple in groups must not be hindered in any way. 

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