Dei'ah veDibur - Information & Insight

A Window into the Chareidi World

23 Iyar 5761 - May 16, 2001 | Mordecai Plaut, director Published Weekly








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Shema Yisrael Torah Network
Shema Yisrael Torah Network











Justice Barak Expresses Prior Opposition to Draft Deferral Law
by G. Lazar

Judicial experts were flabbergasted by High Court Chief Justice Aharon Barak's announcement of his opposition to the grant of draft deferrals to yeshiva students on the eve of High Court deliberations on the issue. UTJ MK Rabbi Avrohom Ravitz told Yated Ne'eman that Justice Barak should have disqualified himself from deliberation on the appeal since the justice had publicly expressed his opinion prior to the Court deliberations. "It is inconceivable that a judge with opinionated ideas deliberate on a controversial issue," Rabbi Ravitz said.

The High Court deliberation was on three appeals filed against the temporary order approved by a large majority of the Knesset that extends the term for a decision on the draft deferrals by an additional two years. The appeals were filed by MK Yossi Paritzki, Attorney Yehuda Ressler and the Hitorrerut movement.

Immediately preceding the deliberation, while speaking at the Interdepartmental Center in Herzliya, Aharon Barak said, "The State must not discriminate between its citizens on the basis of religion or race, and the rights and obligations of a religious person should be identical to those of a secular person". He added: "The question facing the court is: does the law undermine the legal and constitutional right for equality?" Barak, noted, incidentally, that not all of his colleagues agree with him.

Rabbi Ravitz reacted to the High Court deliberations by saying: "This is an absurd situation, since the Knesset has already passed a law extending the deferral arrangement for two years by a large majority. This was done at the request of the High Court, and in that manner, the Knesset obeyed its ruling. It is inconceivable that the High Court deliberate on a appeal opposing compliance with its own ruling! The Court must try at the outset to cancel the deliberation, instead of attempting to instate a judicial dictatorship and to transform it into a fait accompli. Whatever the High Court decides, the Jewish Nation has been promised that the Torah will not be forgotten from its seed and its children's seed forever, and we will continue to take shelter in the shade of the Torah, despite all those who pursue it."


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