As expected, Israel’s High Court of Justice on Wednesday issued a temporary order immediately suspending the law freezing the arrests of bnei yeshivos who are designated as “draft dodgers” that was passed in the Knesset on Tuesday evening.
The order, issued by Justice Ofer Grosskopf in response to petitions filed by Yesh Atid and, separately, by Yisrael Beiteinu, means the new Security Service Law (Amendment No. 28 – Temporary Provision) will not take effect until further notice.
The petitioners argue that the law is discriminatory and unconstitutional, claiming it does not meet the requirements of Israel’s Basic Law: Human Dignity and Liberty.
In his decision, Justice Grosskopf ordered the state to explain why the law should not be invalidated altogether.
“In light of this Court’s longstanding rulings regarding the enlistment of bnei yeshivos, the significance of suspending arrest, investigation, and enforcement proceedings with respect to only certain segments of the population, and the substantial arguments raised by the petitioners challenging the law’s validity, a conditional order is hereby issued directing the respondents to explain why the Security Service Law (Amendment No. 28 – Temporary Provision), 5786-2026, should not be annulled,” the ruling states.
The burden now shifts to the government, which will have to present substantial legal arguments explaining why the law does not constitute a disproportionate violation of the principle of equality and why it should remain in force.
Because of the significance of the issue, Justice Grosskopf ordered that the petitions be heard as soon as possible before an expanded panel of Supreme Court justices, to be determined by Yitzchak Amit, the “President” of the High Court.
The state has been instructed to submit its response to the petitions and to the requests for interim orders no later than four days before the hearing.
The ruling concludes by formally granting the petitioners’ request for an interim order, stating: “A temporary order is hereby issued suspending the entry into force of the Security Service Law… until further decision.”
(YWN Israel Desk—Jerusalem)
10 Responses
Human Dignity and Liberty. Not when it comes to Chareidim!
What is the point of the October elections for the Knesset, they have NO power? Just like in Iran there is a parliament but only Khameini can decide.
Oh, in the unlikely event that Ch.V. the left will win the elections, the court will sit back and no longer interfere… – So, Israeli “democratic” elections; either you vote for the left or it’s going to be the S.court running the country.
The police can simply refuse to continue the arrests, with or without the law. Which is what will most likely happen because the present situation is untenable from their end.
Time for the Jewish people to wake up and realize the people that run the state of Israel, are against religious jews. They don’t want us to learn torah, which is is the most important thing in the world.
Ofer groskopf ימח שמו וזכרונו should rot in putrid hell for ever, for being an accomplice in imprisoning Bnai-Torah השם-ירחם
Yemach shemo vezichro of the high court – a gang of reshaim
How many million bli ayin haraa haredim are there in Eretz Yisrael? Add all the good G-d fearing Jews there are here, and you could have a good few million ken yirbu standing up and proclaiming that they do not recognise this evil ‘court’s’ jurisdiction over them
To give a law like this a chance, it would have to apply equally to all draft dodgers, not only Chareidi draft dodgers. Otherwise, it is discriminatory – and that is illegal under Israeli law.
Not addressing the actual correctness of this law – only the purely legal aspects of it.
an Israeli Yid
Thanks for reminding us that Israeli and Jew are not always the same thing. Watching democracy be destroyed by a group of dictators doesn’t worry you because they’re serving an agenda you support, but eventually it will happen with many things you don’t support. They are the most dangerous obstacle to the safety of the state
for now, it is a temporary order with an expedited hearing.
I am not sure about aggressive language people are using here towards a legitimate authority. You live in a country, you need to follow the government decrees, unless they are requiring you to do something unspeakable. Jews, not willingly, but served in a lot of armies, such as Russian one for 25 years. In this case, a million people could vote and change the system – provided you get some support from other Jews instead of cursing them.
Israeli… we all wish they would treat the non-chareidi draft dodgers as bad as the Lomdei Torah… Neither the police nor the military prison system could cope and the whole thing would blow up. But the truth is, it’s NOT about drafting it’s ALL PERSECUTION TO CRASH THE CHAREIDI TORAH WORLD!
anIsraeliGoy – Nobody cares. You can’t disenfranchise 11% of the population or force them to be like you. The police understand that. The elected government understands that. The Bagatz junta ignore that. They will find out.