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Plea against Shariat courts admitted

Legal Correspondent

Shariat courts no threat: Centre Muslim bodies caution against interference

NEW DELHI: The Supreme Court on Thursday admitted a public interest petition challenging the functioning of a parallel Islamic judiciary, saying it required detailed examination.

As all parties filed their replies, a Bench consisting of Justices A.K. Mathur and Dalveer Bhandari directed that the petition be listed for final hearing.

The advocate-petitioner Vishwa Lochan Madan said Islamic courts were posing a challenge to the judicial system. The All-India Muslim Personal Law Board (AIMPLB) claimed it had established Darul Qazas or Muslim courts in various States.

Citing the fatwa issued by the Deoband-based seminary Darul Uloom in the Imrana rape case and the AIMPLB's stand, the petitioner said criminal law was not allowed to have its natural run as the clerics hijacked the issue. He sought a ban on the establishment of Islamic courts and a declaration that fatwas had no legal sanctity. He requested the court to direct the Centre and the States to dissolve all Darul Qazas and Shariat courts.

He also sought a direction to the AIMPLB, the Deoband Darul Uloom, other seminaries and Muslim organisations, asking them to refrain from establishing a parallel judicial system or Nizam-e-Qaza and to restrain these organisations from interfering with the marital status of Indian Muslims and passing any judgment, fatwas or decrees as well as deciding matrimonial disputes.

The Centre, in its response, said the Shariat courts were not posing any threat to the judicial system.

These were functioning merely as Lok Adalats and there was no compulsion for anyone to approach these courts or accept fatwas as laws of the land.

The AIMPLB and other Muslim organisations said any attempt to interfere with the functioning of the Shariat courts would amount to interference with the personal laws of Muslims.

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