Burka'an v. Minister of Finance
An order nisi required that Respondent 2 (The Company for the Reconstruction and Development of the Jewish Quarter) show cause as to why it should refrain from granting a lease to the Petitioner for one of the apartments regarding which the Respondent published an “offer of apartments to the public”, and why the provision under which the offering is limited to Israeli citizens and new olim [immigrants under the Law of Return] should not be revoked.
The High Court of Justice held:
A. The Respondent’s demand that the lessees of apartments in the Jewish Quarter of Jerusalem’s Old City be Israeli citizens or new olim does not constitute unlawful discrimination.
B. (1) Once a petition has been submitted to the High Court of Justice and the matter is pending before the Court, turning to the media and enlisting public support constitute contempt of court.
(2) A petitioner who prays relief from the High Court of Justice must impose silence upon himself outside of the courtroom.
Cohn, Haim Herman | Primary Author | majority opinion |
Bechor, David | Author | concurrence |
Shamgar, Meir | Author | concurrence |