Guardian Council Spokesman: Parliament Should Comply in the Niknam Case

The spokesman of the Guardian Council praised the remarks of the head of the judiciary regarding the cancellation of Sepanta Niknam's membership in Yazd City Council, reacting to criticisms from the Speaker of the Islamic Consultative Assembly, stating that Ali Larijani is making a 'mistake' and that Parliament should 'comply' with the council's resolution. According to a report on Tuesday, November 9, by ISNA news agency, Abbasali Kadkhodai referred to the criticisms of the Guardian Council regarding the cancellation of the Zoroastrian member's membership in Yazd City Council as a 'campaign'. Kadkhodai expressed gratitude that in the midst of attacks on the Guardian Council for fulfilling its legal duties, and while most critics were unaware of the details of laws and regulations, Sadeq Larijani supported this action with his 'profound words and precise expression'. The spokesman of the Guardian Council added that the 'jurisprudential foundations' of the recent legal opinion of the Guardian Council in this matter, despite some attempts to 'distort the atmosphere and confuse minds', are 'very precise'. The head of the judiciary, on Tuesday, November 8, deemed the recent jurisprudential opinion of the Guardian Council regarding the activities of religious minorities in city and village councils as not only without 'fault' but also stated that this matter is the 'duty of the jurists of the Guardian Council'. Ayatollah Sadeq Larijani stated that 'attacking the Guardian Council is not correct' and added that 'the determination of matters contrary to Sharia by the esteemed jurists of the Guardian Council has no time limitation'. Meanwhile, Ali Larijani, the Speaker of the Iranian Parliament, on Sunday, November 7, stated that there is a difference of opinion between Parliament and the Guardian Council regarding the presence of religious minorities in the City Council, and that 'a renewed opinion from the Guardian Council regarding the laws makes no sense, as it disrupts the country'. Mr. Larijani added in a public session of Parliament that 'the councils have laws that were approved years ago, and one of the notes addresses the conditions for the membership of religious minorities. Therefore, they can be members of the councils under certain conditions according to the law'. However, according to the state news agency IRNA, Abbasali Kadkhodai reacted to Ali Larijani's remarks on Tuesday evening, stating that 'the Speaker of Parliament is mistaken. He should look at Article 201 of the internal regulations of Parliament, note two'. The spokesman of the Guardian Council added that this council has 'a legal duty to express an opinion. Parliament is also obliged to comply according to its internal regulations. This is not a challenging discussion at all'. He also told ISNA that 'we have complaints about some friends. Each of these friends who took a position regarding Niknam's cancellation and gave interviews, when I contacted them, they said in response that they were unaware'. Abbasali Kadkhodai added without mentioning any specific person: 'These individuals are not ordinary people. One of these individuals, who is a media person and has media, wrote something about this matter, but when I explained the issues to him, he said he did not know these things'. The Guardian Council's action in canceling Sepanta Niknam's membership in Yazd City Council has sparked many reactions in Iran's political space. Mohammad Baqer Nobakht, the government spokesman, also stated in his weekly meeting regarding the government's position that 'it does not need to be reiterated that Zoroastrianism is one of the official religions, and what has been stated under the title of citizen rights is exactly that'. According to ILNA, he added that 'our Zoroastrian friends should enjoy their rights like other citizens, and we are seeking to resolve this issue as mentioned in the Cabinet meeting to the Minister of Interior'. Previously, Ali Motahari, the Deputy Speaker of Parliament, had deemed the arguments of two Guardian Council jurists regarding the cancellation of Sepanta Niknam's membership as 'flawed' and wrote an open letter to them on his official website stating that the Guardian Council's approach disrupts the 'discipline' of the country. Sepanta Niknam, a Zoroastrian member of Yazd City Council, who was also a member in the fourth term, was elected as the seventh member of the council in the fifth term with 21,717 votes. However, following a complaint by Ali Asghar Bagheri, one of the defeated candidates in Yazd City Council, the Administrative Justice Court issued a ruling in September suspending his membership in the council, and this ruling has been executed. The Administrative Justice Court announced that this ruling was issued based on the opinion of Ahmad Jannati, the Secretary of the Guardian Council, who deemed the membership of religious minorities in city and village councils as prohibited. This decision has faced protests, with Gholamali Safaei, the head of Yazd City Council, emphasizing that he will not comply with this ruling. Ali Motahari, the Deputy Speaker of the Islamic Consultative Assembly, has deemed this ruling 'illegal'. Mr. Safaei stated in an interview at the press exhibition that Sepanta Niknam 'has taken leave due to the nervous pressures he has faced since Sunday'. He added that Mr. Niknam 'was elected by the votes of the Muslim people of Yazd and will remain a member'.