Responding to a PIL (public interest litigation), Additional Solicitor General Gopal Subramaniyam submitted before Supreme Court bench comprising Justice A. R. Laxamanan and Justice Altumash Kabir, “Muslims have the right to establish Shari’ah Panchayats under their personal law.” Advocate Vishwa Lochan Madan had filed a PIL requesting the court to instruct people to refrain from establishing ‘parallel’ judicial system, namely Qazi system. Government attorney on May 11 rejected the plea and said, “Neither the Fatwas issued by Shari’ah courts clash with Indian judicial system nor these courts are deemed a parallel system of justice.”
Referring to Article 26 of Indian Constitution, the Union Government pleaded in its reply to the court that religious freedom has been guaranteed for all religions and all communities, under which they can establish and run their charitable institutions including Darul Qazat or Shariah system and manage their religious affairs on their own. The Union Government submitted, “These institutions are not a parallel system. Moreover, Darul Qazat do not stop Muslims from going to civil courts. So, the people not satisfied with Darul Qazat verdict or do not want to solve their tangle through them are totally free to a court of law.”