State Government directed to stop ‘Sharia’ courts in mosques

“We are unable to accept the submission that merely because these activities are going inside a particular mosque, they are finding it difficult to stop such activities,” the first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar observed while directing the authorities to take necessary action to stop these activities and file a status report within four weeks. 

The bench also held that “We are unable to accept the submission of the government that merely because these activities are going inside a particular mosque, they are finding it difficult to stop such activities. If place of worship-whether be it temple, mosque or church is used for purposes other than prayers and more specifically to create extra judicial reforms, certainly the authorities are duty bound to take action against the same.” 

A PIL in this regard was moved by an NRI, Abdul Rahman stating that a Makka Masjid Shariat Council at a mosque in Anna Salai was functioning like a regular court dealing with matrimonial disputes, summoning parties and passing divorce orders. He had submitted that he was a victim of the council that despite him wanting to reunite with his wife, he was forced to sign a letter of talaq, and the divorce pronounced. 

Senior Council A Sirajudeen appearing on behalf of the petitioner contended that many innocent Muslims were suffering at the hands of such sharia courts/councils. The bench in its order also recorded the aspect that “A perusal of the typed set of documents shows that the proceedings are in the form of allegedly Sharaiat decision given by the council. It mentions the office bearers of the council, including advocates. It refers to case numbers, file numbers, description of parties and the date of decision is given. This is preceded by summons being issued allegedly regarding family disputes.” The bench also held that “We do find that a colour is sought to be given of a judicial forum to this endeavour, though they are outside the purview of court jurisdictions.”

The Madras High Court has directed the state government to nominate a State Level Officer (SLO), within four weeks, to monitor the release and rehabilitation of bonded labourers and prosecution of the persons, who engaged them.

The first bench on disposing a PIL in this regard, also directed the government to structure and publish the State Action Plan (SAP) within three months on the issue. The PIL moved by Advocate Roseann Rajan had submitted that the despite legislations and authorities being set up, there is low rate of conviction of those engaging bonded labourers due to the failure to produce procedurally fundamental documents that establish cases of bonded labour in a court. She also noted that the absence of these documents results in acquittals. It had also sought for a direction to the authorities concerned to submit, along with the final report, all relevant documents and materials to the cases relating to engagement of bonded labourers, including release certificates, enquiry forms, executive release order and acquaintance of initial rehabilitation amount, to the courts. 

When the matter came for hearing on Monday, the Government Pleader produced a circular memorandum dated December 17 last, which informed the authorities concerned to take necessary action. But on going through the circular, petitioner raised two aspects of concern. The first one pertained to bonded labour cases being sent to the courts without all the necessary documents. The second concern was based on the lack of a SLO despite the Supreme Court insisting on such an appointment. The petitioner also cited a RTI information, which states that the same is still under process. Based on this, the bench gave the directions of nominating a SLO and envisaging a SAP, before disposing the PIL.