Shas Party Appeals to Supreme Court Over Canceled Memorial Event

The Shas party has filed an urgent appeal with the Supreme Court, challenging the Attorney General's decision to postpone a state-sponsored memorial event for Rabbi Ovadia Yosef, the late spiritual leader of the Sephardi Haredi party. The event, scheduled for October 6-8, is intended to commemorate Rabbi Yosef, who passed away on October 14, the anniversary of his death. Shas argues that the Attorney General's directive to delay the event until after the upcoming Knesset elections on October 27 violates the law mandating the memorial, which specifies it should be held on or near the anniversary of his passing.

Shas contends that the law requiring the Ministry of Religious Services to hold the event does not allow for discretion regarding its timing, especially not for postponement due to elections. The party asserts that election laws are designed to prevent the misuse of state resources for campaigning, not to suspend existing legislation. They argue that while the event could be subject to strict limitations to prevent political propaganda, its complete cancellation or postponement is unwarranted.

Documents attached to the petition reveal that the Ministry of Religious Services had initially approved the event in June and consulted with the Ministry of Justice. The Ministry's legal counsel concluded in July that the event could proceed during the election period under specific restrictions, including prohibitions on political speeches, party symbols, and calls to vote. The Ministry also noted that the event would be held at the International Convention Center in Jerusalem, would be open to the public, and would not include state-funded transportation or catering, with a focus on religious and heritage content.

Despite these proposed safeguards, the Attorney General's office maintained that due to Rabbi Yosef's deep historical ties to Shas, the event could not be entirely separated from political campaigning during an election period. Shas countered this by comparing the situation to the state-sponsored memorial events for former Prime Minister Yitzhak Rabin, which are held close to elections despite Rabin's prominent political career. Shas argues that treating the two memorial events differently constitutes discriminatory application of election laws.

The party emphasized that Rabbi Yosef's legacy extends beyond Shas, encompassing his roles as Sephardi Chief Rabbi and a preeminent halachic authority, making his commemoration a national and state matter. Shas is seeking an interim order to allow the Ministry of Religious Services to continue preparations for the event and a conditional order to compel the Attorney General to justify her decision, arguing that a ruling after the anniversary would render the legal victory meaningless.