The High Court of Justice unanimously overturned the law this evening (Thursday) freezing arrests against ultra-Orthodox draftees who do not report for service.
The decision was made by an expanded panel, the majority of which is conservative, and according to which the legislative process was fundamentally flawed, since the amendment deviated from the subject of the bill that passed first reading - "a flaw that goes to the root of the matter, requiring an order to cancel it.".
The expanded panel included Vice President Noam Solberg and judges Dafna Barak-Erez, David Mintz, Yael Wheeler, Ofer Grosskopf, Alex Stein, Gila Kanfi-Steinitz, Yechiel Kasher and Ruth Ronen.
It was further determined, in the opinion of 8 members of the panel, contrary to the dissenting opinion of Justice David Mintz, that the amendment "is also unconstitutional in substance, since it severely violates the core of the constitutional right to equality, in a manner that does not meet the conditions of the limitation clause.".
The law, which aims to stop the arrests of "defector" yeshiva students, was approved in the Knesset last July by a majority of 58 Knesset members compared to 54 opponents.
Despite the High Court's decision, in practice the law is already partially enforced on the ground, as there have been no premeditated arrests of ultra-Orthodox 'defectors' for many weeks.
MK Meir Porush responded: "The repeated intervention of the High Court of Justice and the repeal of the law freezing the arrest of Torah scholars is a direct continuation of the predatory campaign of persecution against the Torah world and the Haredi public.".
"The court continues to operate in a state of intoxication with power, grossly trampling on the will of the public, and proving once again that it has no limits in its war against the Holy Torah.".
MK Porush emphasized: "No ruling or draconian order will be able to uproot Torah students from the Gemara. We will continue to stand guard and defend with all our might the yeshiva students who are being trampled upon by judges who are disconnected from Jewish identity.".
"In the upcoming elections we will decide - will the Torah win, or God forbid the legal system will win.".
