Israel’s Supreme Court, sitting as the High Court of Justice, unanimously struck down a law that froze arrest and enforcement proceedings against Chareidi draft evaders who failed to report for military service. All nine justices ruled that the legislation suffered from a fundamental procedural defect, while eight also found that it violated the constitutional right to equality.

Deputy Supreme Court President Noam Sohlberg authored the main opinion, joined by all eight other justices on the nine-member panel. The Court ruled that the amendment deviated substantially from the subject of the original bill that had passed its first Knesset reading, in violation of Knesset regulations.

As a result, the justices determined that the amendment was effectively legislation that had never properly passed a first reading, constituting a fundamental flaw requiring its cancellation.

Eight of the nine justices went further, ruling that the law was also unconstitutional on its merits because it severely infringed on the core principle of equality and failed to meet the requirements necessary to justify such an infringement. Justice David Mintz dissented from that portion of the ruling.

The legislation, passed by the Knesset in July by a vote of 58-54, was intended to halt the arrests of bnei yeshivos who do not report for military service in accordance with the directives of Gedolei Yisrael.

Following its passage, Degel HaTorah chairman MK Moshe Gafni hailed the measure as an important step in protecting the Olam HaTorah and its lomdim. Shas chairman MK Aryeh Deri similarly praised the legislation, saying the Knesset had sent a clear message against what he described as the persecution of Torah learners.

Thursday’s ruling completely nullifies the amendment, clearing the legal barrier that had frozen enforcement proceedings against Chareidi draft evaders.

(YWN Israel Desk—Jerusalem)