The High Court on Thursday unanimously ordered the cancellation of a law freezing arrest and enforcement proceedings against Chareidi men who have not reported for military service, following five petitions filed against the legislation, including one by the Israel Hofsheet organization.
All nine judges ruled that the legislative process contained a fundamental flaw because the amendment substantially departed from the subject of the original bill that had passed its first reading, in violation of Section 85 of the Knesset Rules of Procedure.
Deputy Court President Noam Sohlberg authored the main opinion, which was joined by all eight other members of the panel: Daphne Barak-Erez, David Mintz, Yael Willner, Ofer Grosskopf, Alex Stein, Gila Canfy-Steinitz, Yechiel Kasher and Ruth Ronnen.
The judges determined that because of the substantial change in the legislation, the amendment was effectively a law that had never passed a first reading. The court ruled that the defect went to the heart of the legislative process and required the amendment to be struck down.
Eight of the nine judges additionally ruled that the amendment was unconstitutional on its merits, finding that it severely infringed upon the constitutional right to equality and failed to meet the requirements of the limitation clause. Justice David Mintz dissented on that issue. Following the ruling, the court issued an absolute order canceling the amendment.
The law was intended to halt the arrests of Bnei Yeshivos who do not report for military service in accordance with the instructions of Maranan V’Rabbanan Gedolei Yisroel. It was approved by the Knesset this past July by a vote of 58-54.
Following the law’s passage, Degel HaTorah chairman MK Moshe Gafni said: “We promised and we delivered. This is an important step in protecting the Torah world and those who learn Torah, out of recognition of the importance of Torah study to the Jewish people and the State of Israel.”
Shas chairman MK Aryeh Deri said at the time: “The Knesset said in a clear voice to the dismissed attorney general: Enough persecution and enough hatred toward those who learn Torah. The majority of the people of Israel love the Torah, respect those who learn it and understand that they preserve the identity and spirit of the Jewish people. Do not allow the attorney general and the various inciters to divide us.”
The ruling completely overturns the law that had frozen the arrest and enforcement proceedings.
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2 Responses
I get why this is frustrating to many as it is for me. However, you can’t blame the Supreme Court for not wanting to push through an unfair law like that.
I write this before Erev Shabbes. It will be my last commented post. Why must Zionism exist if only to be combative to the Torah Observant? Zionism is at the heart of this ruling which stuck down a law to assist the Torah Observant Males to learn and teach Torah instead of being drafted into the Israeli Armed Forces. The Chareidim and those who support Torah Observant Chareidim must now engage the Israeli government with more and more Laws that favor Torah Observance among Torah Observant Males. Flood the government of Israel with Laws that enhance Torah Life and do not give up nor give in to the pressures of the Zionist governing forces.