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SC Dismisses Hindu Mahasabha’s Plea for Allowing Muslim Women’s Entry in Mosques.

Team SoOLEGAL 8 Jul 2019 3:31pm

SC Dismisses Hindu Mahasabha’s Plea for Allowing Muslim Women’s Entry in Mosques.

“LET A MUSLIM WOMAN CHALLENGE IT.” – Chief Justice of India

A petition by Hindu Mahasabha has been dismissed by the Supreme Court on July 8, 2019 for seeking an order permitting entry of woman in Mosque.

It was special leave petition against the judgment of the High Court of Kerela. In October, judgment was passed by division bench of Chief Justice Hrishikesh Roy and Justice A K Jayansakaran Nambiar as the petitioner failed to prove that there’s denial in mosque on the entry of women.

The bench quoted that, “the petition did not disclose that in Masjids the women are denied entry. There is no affirmation in the writ petition that any of the rights of Muslim women under Article 25 are violated. That as there is no evidence to prove a fact finding as regards to the existence of such practice so it may not be possible for the Court to proceed under Article 226 of the Constitution of India and it cannot be stated that whether this amounts to breach of Articles 14, 21 or 25 of the Constitution.”

The petitioner is Dethathreya Sai SwaroopNath, State President of Akhila Bharatha Hindu Mahasabha, Kerela unit, he submitted it in the context of Sabrimala Judgment, wherein Supreme Court allowed the entry of all age groups of women in temple so with the view he submitted that the Muslim women should also be allowed to enter and pray in Mosques. He also stated that the dress code like pardah for Muslim women enables the anti-social elements to misuse it and commit crimes.

The High Court was not impressed with the submissions of the petitioner and stated that, “The averments in the writ petition do not suggest that the petitioner is a person who should be ordinarily concerned with the rituals and practises of Islamic religion and, in particular, the alleged denial of entry of Muslim women in masjids. He has also not satisfactorily established his credentials as a person who has a history of espousing such causes before superior courts in our country".

It was also stated by the Court that petition was filed just to gain fame and “cheap publicity”. The Court was observed that the present PIL has already attracted the attention of media even before the matter was taken up for admission before this Court. Court added that the petition is filed just to gain the publicity and not in the context of any serious matter. And added that the proceedings under Article 226 of the Constitution of India cannot be misused for such purposes.

Tagged: ChiefJusticeHrishikesh Roy   JusticeAKJayansakaranNambiar   chiefjustice   kerela   woman  
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