HCJ 5016/96 http://elyon1.court.gov.il/files_eng/96/160/050/A01/96050160.a01.htm THIS DOCUMENT IS A DRAFT, AND IS SUBJECT TO FURTHER REVISION. Comments, questions and suggestions are all welcomed, and may be directed towards
[email protected] HCJ 5016/96 HCJ 5025/96 HCJ 5090/96 HCJ 5434/96 HCJ 5016/96 HCJ 5025/96 1. Lior Horev 2. Member of Knesset Ophir Pines 3. Member of Knesset Yosef Sarid 4. Arnon Yakutiali 5. Aliza Avinezer 6. Yehuda Gabay 7. Meretz-Democratic Israel Faction 8. The Association for the Rights of the Religious Community in Israel v. 1. The Minister of Transportation 2. The Supreme Court of Israel sitting as the High Court of Justice [April 13,1997 ] Before President A. Barak, Deputy President S. Levin, Justices T. Or, E. Mazza , M. Cheshin, Ts. A. Tal, D. Dorner Petition to the Supreme Court sitting as the High Court of Justice. Facts: The Minister of Transportation, assuming the powers of the Traffic Controller, ordered the closure of Bar-Ilan Street in Jerusalem to motor traffic on Sabbaths and Jewish holidays during hours of prayer. Petitioners are secular residents of the area and representatives of the secular population in Jerusalem , who claim that the decision of the Minister infringes their right to freedom of movement. One petitioner—the Association for the Rights of the Religious Community in Israel—counter- petitioned that Bar-Ilan should be closed to motor traffic for all hours on the Sabbath and Jewish holidays. Held: The Court held that the Traffic Controller was to weigh the freedom of movement of those who chose to use Bar-Ilan Street against the possible injury of such traffic to the religious sensibilities and lifestyle of the local residents.