Tuesday, August 16 2005 16:28 Hrs (IST) - World Time -

New Delhi: Supreme Court today (Aug 16, 2005) issued notices to the Centre and All India Muslim Personal Law Board on a petition accusing the Board of establishing Islamic courts in eight states and seeking a direction for immediate dismantling of the 'parallel judiciary' being created by the Board.

Alarmed by a petition pointing out a parallel Islamic judiciary handling 'Imrana' type cases, the Supreme Court today issued notices to the Center, All India Muslim Personal Law Board (AIMPLB) and Islamic seminary Darul Uloom.

A Bench comprising Justice Y K Sabharwal and Justice C K Thakker also issued notices to Uttar Pradesh, Haryana, Assam, Madhya Pradesh, Rajasthan, West Bengal and Delhi, where, according to the petition, Islamic courts have been formed posing a challenge to the judicial system of the country.

Petitioner Vishwa Lochan Madan, seeking immediate dissolution of all Islamic and Shariat courts in India, said the AIMPLB claimed to have established Darul Qaza (Muslim Courts) in Thane (Maharashtra), Akola Dholiya (Rajasthan), Indore (M.P.), South and East Delhi, Asansol and Purulia (W.B.), Lucknow and Sitapur (U.P.).

Citing the fatwa issued by the Deob and-based seminary Darul-Uloom in Imrana rape case and the stand of AIMPLB, the petitioner said the criminal law was not allowed to have its natural run as the entire issue was hijacked by the clerics.

He cited the example of the case of Asoobi in Gurgaon, Haryana, resembling the case of Imrana, where the Darul Uloom issued fatwas deciding the course of action in the incidents.

The petitioner sought a ban on establishment of such courts

The petitioner sought a ban on establishment of such Islamic courts, a declaration that these fatwas have no legal sanctity and requested the Court to direct the Center and the States to take effective steps to dissolve all Darul Qazas and Shariat Courts.

The petitioner sought a direction from the Court to the AIMPLB and Darul Uloom, Deoband, other seminaries and Muslim organizations asking them to refrain from establishing a parallel Muslim Judicial System (Nizam-e-Qaza).

It also sought a direction from the Court to restrain these organizations from interfering with the marital status of Indian Muslim citizens and passing any judgement, remarks or fatwas (decress) as well as deciding matrimonial disputes amongst Mulsims.

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-law allegedly raped by their fathers-in-law, the petitioner 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.