The Supreme Court, on 25 February, expressed its unwillingness to delve into the legality of the parallel Shari’ah courts or examine the merit of the Fatwas issued by them. All Fatwas are not irrational per se and some of them could be “wise” and for the general “benefit” of all, a bench of Justices CK Prasad and Pinaki Chandra Ghose said dismissing the Public Interest Litigation filed by Vishwa Lochan Madan seeking the court’s intervention to stop Fatwas.
The court further noted that it would protect anyone who is being forced to submit to any Fatwa in violation of his or her fundamental rights. “When a Muslim or a non-Muslim approaches a Mufti with a problem, the mufti looks into the issue taking help of the Shariat law and issues a fatwa. A mufti has no power to impose his fatwa on anyone and even the seeker of advice can ignore the fatwa,” said Raju Ramachandran, the counsel for the All India Muslim Personal Law Board, while arguing with the PIL petitioner.