High Court Justice Mishael Cheshin's pronouncements about
the chareidi sector's lack of rights have elicited acerbic
reactions not only from the chareidi sector, as would seem
natural, but from the secular public as well. Justice
Cheshin has not apologized for his remarks, and he even
sought personal support against what he called "the chareidi
attacks" from the Central Elections Committee which he
heads.
Yated Ne'eman reported Cheshin's remarks to Attorney
Yoram Sheftel with respect to Sheftel's demand to increase
chareidi representation on both the board of the
Broadcasting Authority and the Second Channel Authority last
week. The request came in the course of arguments in a
general suit brought against Broadcast Authority
appointments, charging that they do not represent the broad
public.
Professor Eli Pollack, chairman of the Federation for the
Public's Right to Know (who brought the suit against the
appointments to the Broadcast Authority's board), reported
that Cheshin said, "Why are you defending the chareidi
sector? They don't recognize us. They only go to their
rabbis. As long as they don't come to argue before the
court, you have nothing to claim for them."
On 15 Kislev, the spokesperson of the courts related that
Justice Cheshin was misquoted. She said, "When Attorney
Sheftel claimed that the chareidim lack sufficient
representation on the board of the Broadcasting Authority
and the Second Authority, Cheshin asked if he had been
empowered by the chareidim to serve as their attorney. When
Sheftel replied in the negative and nonetheless insisted on
his right to make such claims, Justice Cheshin said that if
the chareidim have complaints about discrimination they
should bring them personally to court. In this context,
Cheshin added that since the chareidim do not recognize the
court's legitimacy, and he therefore expects them to make
claims in their own name, and not through Attorney
Sheftel.
Rabbi Avrohom Ravitz demanded that Justice Minister Yossi
Beilin dismiss High Court Justice Mishael Cheshin, or at
least to make certain that Justice Cheshin is not on any
panels of judges deliberating on issues in which a chareidi
person is involved.
Speaking in the Knesset plenum, Rabbi Ravitz attacked
Justice Cheshin and said: "A very sad chapter has been
recorded in the annals of human rights. I, personally, agree
that we should go to rabbonim [to litigate], but then the
government must also abide by rulings of the rabbonim, and
the police must implement their rulings. However, Justice
Cheshin doesn't allow this,"
Rabbi Ravitz then asked if Mustafa Dirani and Sheikh Obaied,
terrorists who are being held by Israeli authorities as
"bargaining chips" in Lebanon and on whose behalf the High
Court does deliberate, recognize the Israeli legal
establishment. Do thieves and murderers recognize justice at
all, he exclaimed. Nonetheless, the High Court protects
their rights. "Only the chareidi sector has no rights
because they ask their rabbonim! Why didn't Cheshin send
Dirani to Nasrallah (head of Hizbullah)?"
In a letter to Justice Minster Yossi Beilin, Rabbi Ravitz
wrote, "For the protection of human rights, I think that you
as Justice Minister should make efforts to dismiss Justice
Cheshin, because his remarks undermine human rights.
According to Justice Cheshin, a large portion of the state's
citizens have no rights if they appear in court.
"However, if in your role as Justice Minister you cannot
dismiss him, you should at least make sure that he won't sit
in trials and appeals involving chareidim. We can't accept
his rulings because he undermines the rights of the chareidi
minority in the State of Israel."
MK Rabbi Moshe Gafni also demanded that Justice Cheshin
disqualify himself from deliberations on any case pertaining
to the chareidi sector.
Rabbi Menachem Porush also demanded Justice Cheshin's
dismissal. In a letter to Justice Minister Yossi Beilin,
Rabbi Porush wrote: "Mishael Cheshin has shown his fangs
through his unequivocal remarks. We were aware of this
antipathy on the part of the secular judicial establishment;
in the past there were attempts to reach some sort of mutual
understanding. But now Cheshin has come out with his latest
severe remarks, you must absolutely insist that he be
relieved of his position, for he has disqualified
himself."
Chairman of the Likud party in the Knesset, MK Reuven Rivlin
also related to the issue in the Knesset plenum last week
and said that Cheshin must apologize and explain this
remarks. He must say that they were merely a slip of the
tongue, and were said unintentionally. "If Cheshin really
meant what he said," Rivlin continued, "I think that he must
be taken to task. . ."
In an interview widely reported in the media, Attorney Yoram
Sheftel, to whom the remarks were originally directed, said,
"If in the future I represent a chareidi Jew or body in the
High Court that has the bad luck to be judged before a panel
including Justice Mishael Cheshin, without the slightest
hesitation I will ask Justice Cheshin to disqualify
himself."
At the meeting of the Central Elections Committee held on 17
Kislev, members of the committee presidium expressed their
support of Justice Cheshin, who is the committee chairman
and who was present at the meeting. According to various
reports, the chairman requested the support of the members
of the committee due to what he called, "the attacks of the
chareidim." The press reported that among the members of the
committee who expressed their support was MK Yehuda Avidan
of Shas.
Shas' standing behind Justice Cheshin aroused much anger
among the Torah observant community, since Cheshin's remarks
regarding the rights of Torah and mitzvah observant Jews in
the country apply to many people who voted for that
party.
Rabbi Ravitz said that he is very puzzled by the behavior of
the Shas representative Yehuda Avidan who, instead of
expressing support for the judge, should at least have
expressed his reservations about Justice Cheshin's remarks.
"Evidently all this does bother Justice Cheshin, who is the
first judge who has ever asked that confidence in him be
expressed. Apparently he feels uncomfortable about the
affair. However, he should apologize instead of seeking the
support of the members of the Elections Committee."
Rabbi Moshe Gafni said: "It is a scandal to back Cheshin,
after his having made so noxious a statement -- a scandal
and a betrayal of the chareidi sector."
The demands to dismiss Justice Cheshin were joined by MK
Yuval Steinitz from Likud, president of the Federation of
the Public's Right to Know. Steinitz said: "Justice Cheshin
is profoundly antagonistic to the chareidi sector. This
hatred has the capacity to harm his judicial objectivity. It
is wrong for him to head the Elections Committee for the
16th Knesset. Justice Cheshin must apologize publicly, and
must be dismissed immediately from his position as the
chairman of the Central Elections Committee."
