The High Court of Justice today (Monday) heard petitions filed against the non-conscription of Haredim and against budgetary support for yeshivas.
The panel includes Acting Supreme Court President Uzi Fogelman and Justices Noam Solberg and Yitzhak Amit.
The petitions were filed against the government's decision not to enforce the Security Service Law on yeshiva students, a decision that does not recruit Haredim even after the conscription law expired last summer.
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Attorney Eliad Shraga from the Movement for Quality Government said in the discussion: "There are citizens who only have rights, they don't have to work, they don't have to study, they don't have to pay taxes. They benefit from endless coalition funds. This is an issue that we have been standing here for 25 years and the state comes and tells stories.".
Judge Fogelman addressed Shraga: "There is only one question here that I ask you to focus on - does the government have the authority to determine by government decision and not by law that yeshiva students will not be drafted?""
Judge Solberg added: "There is no need to resort to an argument of unreasonableness. Apparently the government was unsuccessful in legislation, so they resorted to a government decision.".
Attorney Tommy Manor, representing the Brothers in Arms organization: "The government's decision is invalid. The matter is becoming more acute in light of the state's statement that because of the war, there is a need to extend regular and reserve service.
""I checked and found to my dismay that over the course of 75 years there have been 12 major wars and more operations on the way. Every six years on average there is a war. The principle that the entire population must be mobilized and that any discrimination is wrong and violates human dignity and equality always exists. The current reality of war sharpens it.".
A decision is probably not expected at the end of the discussion, unless there are any surprises.
Kan News reported that the government was considering asking the High Court of Justice, in the shadow of the war, to allow the continuation of the current situation. However, Legal Advisor to the Government Gali Baharav-Miara clarified that there is no such scenario in the law and that she would not defend such a move in the Supreme Court.
Bahar-Miyara has already informed the High Court of Justice that if the government does not re-approve the exemption from conscription by the end of next month, yeshiva students will be required to enlist in the IDF.
Because of this, the government will have to, by the end of March, approve the continuation of the exemption from conscription and declare that new legislation on the subject of conscription will be approved.
