Centre looking into Islamic courts issue

New Delhi, India - The Centre on Monday assured the Supreme Court that it was looking into the issue of alleged existence of Islamic and Shariat courts in the country posing challenge to the Indian judicial system.

"We are looking into the matter. We have to collect information from all over the country," Additional Solicitor General Gopal Subramanian told a Bench comprising Justice Ruma Pal and Justice Dalveer Bhandari.

The Centre said since the information was to be collected from various states, it will take some more time and sought the matter to be heard after four weeks.

The Bench accepted the request of ASG and also asked the petitioner in the matter to serve the copy of the petition to the concerned parties if he had not done so.

Advocate Vishwa Lochan Madan, had filed a PIL seeking immediate dissolution of all Islamic and Shariat courts in India citing the example of fatwa issued by the Deoband-based seminary Darul-Uloom in Imrana rape case and the stand of All Indian Muslim Personal Law Board (AIMPLB).

He had said the criminal law was not allowed to have its natural run as the entire issue was hijacked by the clerics.

Besides the Centre, the notices were issued to AIMPLB, Islamic seminary Darul Uloom, Uttar Pradesh, Haryana, Assam, Madhya Pradesh, Rajasthan, West Bengal and Delhi, where, according to the petition, Islamic courts have been formed.

The petitioner had contended that the AIMPLB had claimed to have established Darul Qaza (Muslim Courts) in Thane (Maharashtra), Akola Dholiya (Rajasthan), Indore (MP), South and East Delhi, Asansol and Purulia (WB), Lucknow and Sitapur (UP).

Advocate Vishwa Lochan Madan, had filed a PIL seeking immediate dissolution of all Islamic and Shariat courts in India citing the example of fatwa issued by the Deoband-based seminary Darul-Uloom in Imrana rape case and the stand of All Indian Muslim Personal Law Board (AIMPLB).

He had said the criminal law was not allowed to have its natural run as the entire issue was hijacked by the clerics.

Besides the Centre, the notices were issued to AIMPLB, Islamic seminary Darul Uloom, Uttar Pradesh, Haryana, Assam, Madhya Pradesh, Rajasthan, West Bengal and Delhi, where, according to the petition, Islamic courts have been formed.

The petitioner had contended that the AIMPLB had claimed to have established Darul Qaza (Muslim Courts) in Thane (Maharashtra), Akola Dholiya (Rajasthan), Indore (MP), South and East Delhi, Asansol and Purulia (WB), Lucknow and Sitapur (UP).

It sought a direction from the Court to AIMPLB and Darul Ulooms in the country "not to train or appoint qazis, naib-qazis or muftis for rendering any judicial service of any kind."

Raising a question, the petitioner said whether the right to freedom of religion guaranteed under the Constitution could be extended to establishment of a parallel judicial system.

Citing three incidents of daughters-in-laws allegedly raped by their respective fathers-in-law, the petitioner had said "the defiant attitude" of the functionaries of Darul Ulooms and AIMPLB was an "open affront" to the judicial system set up under the Indian Constitution.