The Bombay high court on Wednesday issued a showcause notice to the Maharashtra chief secretary for failing to file an affidavit and clarify the state government’s stand on the public interest litigat
The Bombay high court on Wednesday issued a showcause notice to the Maharashtra chief secretary for failing to file an affidavit and clarify the state government’s stand on the public interest litigation demanding cancellation of Darul Qazas (personal law courts).
Nazir Noor Ali Jariya, a social worker, in his PIL has claimed that the All India Muslim Personal Law Board (AIMPLB) exceeded its memorandum of association and rules when it set up, without legal authority, parallel courts (Darul Qazas) to adjudicate on disputes in the community.
The petitioner has sought cancellation of the board’s registration as a society claiming that it indulged in illegality by allowing Darul Qazas to dispense justice in civil and matrimonial disputes in the Muslim community.
When the division bench of Justice Abhay S. Oka and Justice Amjad A. Syed sought for reply as directed earlier, the court was informed that the affidavit was not ready and the government pleader said that the petition is not substantial.
Following this, the bench said that the order passed by high court was not considered and issued show cause notice to the chief secretary for failing to file an affidavit. The court has posted this matter for further hearing on July 8.
The PIL filed through advocate Poonam Ankleshwaria says the Darul Qazas across Maharashtra should be made to shut down and declared “unconstitutional”. It seeks that orders passed by such Darul Qazas be declared void and without legal sanctity.
The petitioner has contended that the AIMPLB was constituted to adopt suitable strategies to protect and apply Muslim Personal Law (Shariat) Application Act, but it constituted Parallel Islamic Courts, which are totally against its main aim and object.
