High Court annuls law banning arrest of Haredi draft-dodgers as unconstitutional injury to equality

The High Court of Justice rules unanimously to annul a law passed in July that banned the arrest of ultra-Orthodox draft dodgers for seven months on procedural grounds, and also finds that the law did severe harm to the principle of equality.

Supreme Court Deputy President Noam Sohlberg, writing for all nine justices presiding over the case, highlights a severe procedural flaw in the legislation as one cause for annulling the law, noting that the version of the bill passed in its first reading provided for enforcement measures against ultra-Orthodox draft dodgers, whereas the bill passed in its final readings removed enforcement against draft dodging.

Such a contradiction between the different versions of the legislation violates Knesset procedure and is therefore invalid, the court determined.

And an eight to one majority of justices also determined that the law — which banned law enforcement agencies from arresting Haredi yeshiva students who failed to report for conscription while non-Haredi draft dodgers were still subject to arrest — was unconstitutional since it did severe harm to the principle of equality.