PIL seeking Darul Qazas' closure junked
Petitioner had contended that these bodies were functioning as parallel courts.
Mumbai: The Bombay high court on Thursday dismissed a public interest litigation (PIL) seeking to declare all Darul Qazas — courts operating under the Muslim personal law — illegal and their closure.
The PIL had also sought cancellation of the All India Personal Law Board’s (AIMPLB) registration because these Darul Qazas are running under its supervision; however, the court did not allow the petition.
The division bench of Chief Justice Manjula Chellur and Justice M.S. Sonak was hearing a PIL filed by Nazir Noor Ali and a few other petitions were also clubbed with it which were filed challenging the Darul Qazas’ practice of hearing various matters, especially matrimonial and inheritance issues and giving verdict on them.
The contention of the petitioner was that Darul Qazas are running like parallel courts which are illegal and unconstitutional.
Senior counsel Yusuf Muchala and advocate Sagir Khan on behalf of AIMPLB had produced 2014 Supreme Court order passed in Vishvalochan Madan v/s Union of India’s matter saying this order has already covered all the issues raised in the PIL and other petitions. Accepting their contention the bench said as per the apex court order, verdicts of Darul Qazas are not binding on individual and hence the high court refused to entertain the petition.
According to the bench the Supreme Court order has covered everything from fatwas to matrimonial issues and it has clarified that it is not binding on individuals and hence, if the petitioners have any issue they should take other remedies available in the law.
Nazir Noor Ali, who had filed the petition, told the Asian Age that the judgement of the high court was not correct. “After getting the order copy we will definitely go to the Supreme Court against this order,” said Mr Ali.
He also said, “Our lawyer was trying to convey to the court that the issue raised in our petition is completely different and has not been addressed by the Supreme Court, but the judges did not get what she was trying to say.”
According to Mr Ali, his contention is that Darul Qazas are passing orders despite matters pending in family courts.