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May 30, 2016 / 22 Iyar, 5776

Posts Tagged ‘Supreme Court’

High Court Freezes House Demolition of Henkins’ Murderer

Thursday, October 22nd, 2015

(JNi.media) Israel’s Supreme Court on Thursday ordered a freeze on the demolition scheduled for the same day of houses belonging to the terrorists who murdered Malachi Rosenfeld, Dan Gonen and Eitam and Na’ama Henkin. The demolition was celebrated by the Netanyahu government as yet another means in the effort to stem the recent wave of Arab terror. The freeze order, issued by Justice Uzi Fogelman, said the state should avoid carrying out the destruction of those homes pending a hearing of petitioners’ claims.

The decision caused great anger on the right. Bayit Yehudi said in a statement that the “NIF has reached a new high of hatred of Israel through another one of its organizations which submitted the petition to the High Court. It is sad that these are the people who run our lives. The court must understand that human life is hanging in the balance, this is not the time for politics.”

Bayit Yehudi Chairman Naftali Bennett also commented, saying “this is an emergency, it is time the justices understood this. When people are murdered in the streets, the high court cannot wave its procedures to delay the war on terror. The Court must understand that any delay in the destruction of the home of a terrorist damages Israel’s deterrence and endangers lives. I call on the Supreme Court to come to its senses and adopt a quick decision regarding the home demolitions.”

Immigration and Absorption Minister Ze’ev Elkin said he calls “on the High Court not to drag its feet and immediately hold the debate about the demolition of terrorist homes, the Court held back today. Even the Justices should understand that we are at war against terrorism, and a democracy that can’t defend itself won’t win this war. Preventing the next attack by creating a deterrence with the demolition of terrorists’ houses is the order of the day and it can’t be that the Supreme Court will throw sticks in the wheels of the Cabinet decisions.”

More than two weeks ago, the Political/Security Cabinet approved a number of additional measures initiated by Prime Minister Benjamin Netanyahu in response to the security situation, in order to stem the growing tide of terrorism. The Prime Minister also instructed Minister of Justice Ayelet Shaked to establish a mechanism to significantly shorten the procedure.

The day after the decision, security forces demolished the house belonging to Muhammad Nayif G’abis in Jebel Mukkaber. G’abis carried out the “tractor attack” near Route 1 in Jerusalem during the 2014 Gaza war, caused the death of Rabbi Avrohom Wallis and injuring seven other civilians.

JNi.Media

Former Religious Settler Cleared to Command Police Dept.

Thursday, October 1st, 2015

The next commander of the police force is going to be religious and with experience as the deputy chief of the Israel Security Agency (Shin Bet).

The committee that must approve senior government appointments, and which is headed by former Supreme Court Justice Yaakov Turkel, cleared Roni Alsheich for the position as police commander on Thursday.

The next and final step before Alsheich takes his new post is approval by the Cabinet, where little or no opposition is expected.

The quick approval by the committee was light years away from the painful and drawn-out process after Public Security Minister Gilad Erdan nominated former senior IDF office Gal Hirsch to take over the police department.

The Turkel committee took nearly a month before stating it could not reach a conclusion, but the nomination of Hirsch was scuttled by Attorney-General Yehuda Weinstein, who decided to interfere in announcing that it could take weeks or even longer before completing an investigation of charges of wrongdoing concerning Hirsch’s arms-trading company that dealt with Georgia.

Erdan wasted no time in coming up with Alsheich as his next choice, proving his determination that the next police chief will be from outside the force that has been plagued by scandals ranging from sexual harassment to bribery. Alsheich, whose name was not disclosed until earlier this week, joined the Shin Bet in 1987 after having served an IDF Paratroop officer.

He is a former resident of Samaria but now lives in central Israel, is married and has seven children and seven grandchildren.

Tzvi Ben-Gedalyahu

Netanyahu’s Pre-UN Speech Message: Legalize Adei Ad Outpost

Wednesday, September 30th, 2015

Government prosecutors have told the Supreme Court Wednesday it intends to legalize the controversial Adei Ad outpost in Samaria while admitting that it was built illegally.

The announcement came hours Prime Minister Binyamin Netanyahu’s speech to the United Nations General Assembly and may indicate that the Prime Minister is going to match Palestinian Authority chairman Mahmoud Abbas’ hardliner stance towards Israel by making it clear that the number of “settlements” will grow.

However, the announcement also could be part of a political deal with leaders of Judea and Samaria, legalizing the outpost but continuing an unofficial building freeze or carrying out the dismantlement of other outposts.

The government response puts a huge hole in efforts by the anti-settlement Yesh Din organization, which has petitioned the court in the name of four Arab villages to order the expulsion of Adei Ad residents.

The government told the Supreme Court that it will examine the status of all the Adei Ad land, which the community says is state land. The court previously has rejected Arab claims that Arab land belongs to them.

A closer probe of the status could result in the government’s widening the area that is considered state land, in director opposition to Arab claims of ownership.

Approximately 40 families live on Adei Ad, which was built in 1998.

Tzvi Ben-Gedalyahu

Deri Backs Down on Shabbat Work Halt on New Rail Line

Wednesday, September 30th, 2015

A court order overruling Deri’s “stop work” decision allows Israel Railways to continue maintenance and construction work on Shabbat.

Israeli Railways can continue carrying out maintenance work and construction of the new high-speed Jerusalem-to rail line on Shabbat after the Justice Ministry and the Supreme Court out-maneuvered Shas leader Aryeh Deri, who also is Minister of Economy.

As reported here last week by the JewishPress.com, Deri scored his political points with his Sephardi Hareidi constituency knowing that his stop work order would not last very long.

Deri’s has backed down from his order against work on Shabbat following a Justice Ministry petition to the Supreme Court against the Ministry of Economy. The court obliged and overruled Deri, who then withdrew his order.

He stated:

The permits to be given or extended shall be valid until a different decision is made, given the court proceeding.

Deri had claimed that Israeli Railways did not obtain a legal permit for working on Shabbat, and he ordered that work on the rail line be halted. Israel Railways claimed that Deri’s decision would delay the inauguration of the high-speed train by 2 years, which mathematically does not make any sense but at least gave the company another excuse for another postponement in completing the massive and oft-mismanaged project.

One delay earlier this year was caused by tunnel engineers who were off the mark during work from both ends of one of the tunnels. It returned out that the opening from each end did not meet in the middle.

Tzvi Ben-Gedalyahu

Can Peres and Abbas Save ‘Settlers’ Synagogue from Destruction by Israel?

Sunday, September 27th, 2015

A Jerusalem area community in Samaria is hoping former president Shimon Peres and Palestinian Authority chairman Mahmoud Abbas can help them stop the planned government destruction of a 20-year-old synagogue allegedly built on Arab land.

The Supreme Court, which previously accepted leftists’ claims that the synagogue was built on private Arab land, received on Friday a last-ditch petition to stop the destruction, based on arguments that the court and the government did not take into consideration international law concerning the  protection of Holy Sites.

The appeal, filed by attorney Gilad Korinaldy on behalf of Givat Ze’ev regional council rabbi Yosef Toledano, also asked the court to consider aspects of Jewish law, the Hareidi website Kikar Shabbat reported.

The court has ordered Prime Minister Binyamin Netanyahu and Defense Minister Moshe Ya’alon to answer the petition by next Monday night, the end of Simchat Torah in Israel.

The Netanyahu administration has ordered that the 2-year-old Ayelet HaShachar synagogue, where several hundred congregants have prayed, be demolished immediately after the Sukkot-Simchat Torah holiday.

The petition to the court also explained that the community has appealed to Peres and Abbas to “think outside the legal box” and find a political-diplomatic solution.

Korinaldy, who also represented Gush Katif in efforts to save Gush Katif synagogues from destruction in the expulsion of Jews from Gaza in 2005, said, according to Kikar Shabbat:

Synagogues are the voice of the existence of Judaism for generations. All possibilities must be examined to protect the holiness of Israel and respect for God. There is no greater disgrace than Jews destroying a synagogue.

TheJewishPress.com reported here last month that Givat Ze’ev worshippers already have taken holy books out of the synagogue in preparation for the demolition, which Prime Minister Netanyahu postponed from August until immediately after the holidays.

The  suit against the synagogue followed the pattern of several previous appeals by the left-wing Yesh Din and Peace Now grows, arguing that Jews did not legally buy the land on which they built.

It usually is difficult to prove the legal purchase because it is always done through a third-party. Otherwise, the Arab seller would face death, either by an angry mob or by the Palestinian Authority policy that follows the Jordanian law that selling land to a Jew is punishable by execution.

If the petition is successful, it would prove the seeming impossibilities of life in Israel.

Who would dream that Peres and Abbas would be the intermediaries to stop the destruction of a Jewish place of worship in the “occupied territories?”

Tzvi Ben-Gedalyahu

Opposition Media Defeat Bibi on Ex-IDF Officer as Police Chief

Wednesday, September 23rd, 2015

Former Brigadier-General Gal Hirsch has been removed as a candidate to take over the police department, Public Security Minister Gilad Erdan announced Wednesday evening after the Yom Kippur holiday.

Israel’s establishment media, a synonym for anti-Netanyahu media, have campaigned daily to highlight criticism of Hirsch, primarily because of his conduct at the beginning of the Second Lebanese War.

Relatives of soldiers killed in the war have directly blamed Hirsch for not having responded properly to the kidnap of reservists Ehud Goldwasser and Eldad Regev, who were killed by Hezbollah.

A government investigating commission cleared Hirsch of blame, and Erdan complained Wednesday in a statement:

He is a clean and innocent man. Hirsch is not suspected of anything, and no one has filed complaints against him.

Attorney General Yehudah Weinstein, whose recent opposition to several government decisions includes those that are not even in his realm of authority, put the death knell on Hirsch’s being police commissioner by saying it could take months before an investigation is finished concerning possible conflicts of interest concerning Hirsch’s private company that was involved in trading arms.

Weinstein left open the possibility that Hirsch in the end may not be cleared, and retired Supreme Court Justice Yaakov Turkel, head of the government committee that decides on the nomination of Hirsch, made things worse by stating last week he could not reach a conclusion.

In other words, the entire process will be dragged while the police department languishes without a permanent leader at a time when Jews in Jerusalem have become sitting ducks for Arab terrorists testing out their rock-throwing arms.

Now Weinstein has another feather in his hat to gain the good will of the anti-Netanyahu media and perhaps giving himself a better shot at being a Supreme Court justice in the future.

Netanyahu was bitter over Hirsch’s being yanked and stated:

Gal Hirsch is the right man for the post of Police Commissioner… For a month already Gal Hirsch’s good name has been trampled anew by critics. And for what? For agreeing to leave successful work and to report for a challenging and important national mission for all citizens of the state.

He agreed without hesitation and look what happened:

Slander and denigration. It is not proper to act this way toward someone who has sacrificed his best years, energy and talent on behalf of the State of Israel.

Now Erdan has to look for another candidate for chief of the police, whose upper echelon was furious at Erdan for nominating as police commissioner a man who has no record of sexual harassment or bribery, unlike many other senior police officers.

Weinstein promoted himself as an authority on the necessary background for a police commissioner by mocking Erdan’s desire to appoint a commissioner from outside the police department.

Tzvi Ben-Gedalyahu

Former Supreme Court Judge Mishael Cheshin (79)

Saturday, September 19th, 2015

Former Supreme Court judge Mishael Cheshin passed away on Saturday after a long battle with cancer.

Cheshin served on the Supreme Court from 1992 until 2006.

Cheshin was known for his judicial activism and firmly believed in judicial oversight over Knesset laws.

He was also a strident defender of the Supreme Court against those who dared question the ever-expanding powers the Supreme Court judge’s granted themselves.

In 2007, when Israel Prize winner Professor Daniel Friedman, who was then slated to be the Justice Minister, dared criticize the Supreme Court, its active participation in the process of selecting new Supreme Court judges, its ability to strike down Knesset laws and the judicial activism of its President Dorit Beinish, Cheshin responded quite strongly.

Cheshin said, “My power is limited, but I will defend the Supreme Court with all my might. I am rooted in the Supreme Court. I am part of it. My father was a justice in the first Supreme Court, I was its deputy president. This is my home, and whomever raises his hand against my home, I will cut off that hand.

In 2002, as chairman of the Central Elections Committee, Judge Mishael Cheshin ruled that Moshe Feiglin would not be allowed to run for Knesset, after winning the 41st position on the Likud list. Cheshin claimed that Feiglin’s protests against the Oslo accords were sedition against the State of Israel!

Feiglin eventually entered the Knesset in 2013 and became Deputy Speaker.

Shalom Bear

Printed from: http://www.jewishpress.com/news/breaking-news/former-supreme-court-judge-mishael-cheshin-79/2015/09/19/

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