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In a bail application by Prakash Babu, a BJP candidate from Kozhikode constituency of Kerala the HC observed that “it is rather unfortunate that the respondent individuals, such as the applicant therein, who holds a high position in major political parties, resort to unconstitutional practices to achieve their political objectives”.
Prakash Babu and a large number of party workers from BJP were allegedly deployed and they were planted in sensitive positions in and around the temple and in its vicinity to prevent the enforcement of the order of the Apex court by the state authorities and they have allegedly taken law in their hands and had started threatening, mishandling the women and their family members who came to Sabarimala temple to pay their respects to deity.
A 5-judge constitution bench of Supreme Court in the celebrated judgment of Indian Young Lawyers Association & Ors. V. State of Kerala & Ors. struck down Rule 5 and Rule 3(b) of Kerala Hindu Places of Public Worship Authorisation of Entry rules, 1965 and declared that the restriction of entry of Hindu women between the age group of 10 to 50 years, is in violation of their fundamental right to practice religion. However, with the objective of criticizing the judgement of apex court the accused forming a part of unlawful assembly conspired together to commit violence at Sabarimala. In that process, they wrongfully restrained and outraged the modesty of women entering the temple.
The HC bench while granting bail to the accused opined that “Certainly citizenry and civil society and those who are concerned with the polity, are certainly entitled to make their critiques of any judgments that may be passed by the court of law, including the Constitutional courts. However, the action of the taking law into one's own hand so as to obstruct the enforcement of the specific directions and orders of the court of law, more so particularly that of the Apex Court, cannot be countenanced and trends of this nature cause great concern to all those who have the welfare of the country in mind.”
Judge while quoting the Hon’ble CJI, Sri Justice Ranjan Gogoi observed that “the adoption of the constitution is inextricably entwined in our lives and it is in our best interest to pay attention to its advice and if we do not, our hubris will result in sharp descent into chaos.”
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