NEW DELHI: More than four months after a bench headed by then CJI Altamas Kabir had dismissed a PIL challenging the fatwas issued by Shariat courts running a parallel judicial system in the country, the Supreme Court on Monday restored it for hearing.
A bench headed by Justice C K Prasad restored the PIL filed by advocate Vishwa Lochan Madan for hearing on November 11 despite objections from the Centre, a decision that would force the government to articulate its position on Shariat courts and the fatwas issued by them.
Madan pleaded for restoration of the PIL for hearing after informing it that his absence because of his mother's ill health on May 10 had resulted in its dismissal.
The petitioner argued that Shariat courts were unconstitutional and operated as parallel courts in the country deciding on religious and social freedoms of Muslim citizens. It sought a declaration that these courts were unconstitutional.
Madan also argued that the fundamental rights of Muslims could not be controlled and curtailed through fatwas issued by qazis and muftis appointed by Muslim organizations. However, he clarified that the prayers contained in his PIL should not be seen as an attempt to introduce Uniform Civil Code in the country.
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