PIL against ‘kangaroo courts’ in mosques
Hundreds of marriages are dissolved deceptively and
property issues settled as per the whims and fancies of religious
leaders with the help of lawyers in a court like set-up inside mosques,
alleges a 29-year-old man who was allegedly duped by one such court.
According
to Abdur Rahman, who has approached the Madras High Court seeking
action against such kangaroo courts, people heading them neither
followed shariat nor regular law.
Admitting the
Public Interest Litigation petition, the First Bench of Chief Justice
S.K. Kaul and Justice R. Mahadevan ordered notices to the State
government, the DGP, and the Commissioner of Police, Chennai.
The
petitioner, who holds an MBA degree from the U.K., submitted that the
petition has been moved to safeguard the interests of a large number of
Muslims who were silently suffering because of the functioning of the
Makka Masjid Shariat Council and similar other forums. “By its name and
by various publicity methods, the council has created an impression that
it had been functioning in accordance with shariat laws and all its
orders were religiously and legally binding upon them,” Mr. Rahaman
said. Claiming that the council had a similar set-up, he added, “The
council has an elevated dais for the presiding officer just as in courts
and the presiding officer wears robes like judges, but in different
colour.”
Religious injunction
It
would even send summons on complaints received from Muslims facing
family disputes. Under the name of religious injunction, the parties are
forced to appear before it, he added.
In
fact, the petitioner himself once approached such a council believing
that it was an authentic forum with a plea to be reunited with his wife.
But the council forced him to sign a letter stating that he was willing
for a divorce, he alleged.
Pointing out that the
government authorities were not initiating appropriate action on a
representation made by him in this regard, the petitioner approached the
High Court for action.
Alleges that forums like Makka Masjid Shariat Council are functioning like regular courts
Source URL: http://www.thehindu.com/news/cities/chennai/article9133891.ece