Author: Agencies
Publication: The Times of India
Date: April 6, 2007
The supreme court on Thursday decided to examine
the legality of the existence of Islamic and Shariat courts in the country
which are allegedly posing a challenge to the Indian judicial system.
A bench comprising Justices A K Mathur and
Dalveer Bhandari admitted a PIL seeking dissolution of such courts on the
ground they were acting like a parallel judicial system. However, the Centre
maintained that the decision of these courts were advisory in nature and in
no way amounted to interference with the country's judicial system.
The PIL filed by Delhi-based advocate Vishwa
Lochan Madan in 2005, has sought immediate dissolution of all Islamic and
Shariat courts in India contending that criminal law was not allowed to have
its natural run as the entire issue was hijacked by the clerics.
The PIL sought a ban on establishing such
Islamic courts and directions to the Centre and the states to take effective
steps to dissolve all darul qazas and Shariat courts and a declaration that
fatwas have no legal sanction.
A direction was also sought that these courts
should be restrained from interfering with the marital status of Indian Muslim
citizens and passing any judgment, remarks or fatwas.
The PIL also sought a direction prohibiting
the All India Muslim Personal Law Board and seminaries from training or appointing
qazis, naib-qazis or muftis for rendering judicial services of any kind. However,
the government in its affidavit had said fatwas issued by Muslim clerics were
opinions and could not be imposed or enforced on anyone.
