Supreme Court says Shariat courts, fatwas have no legal sanctity

The Supreme Court while saying that no religion, including Islam, allows punishing innocent persons, ordered that no 'Darul Qaza' should give verdict which affects rights of a person who is not before it

Disapproving of a Shariat court issuing fatwa and order against a person who is not before it, the Supreme Court on Monday said it (the Shairat court and fatwa) has no sanction of law and has no legal status.


The apex court said there is "no doubt" that such a court has no legal status while noting that in some cases, orders were being passed by them which violate human rights and punish innocent persons.


A bench headed by Justice CK Prasad said that no religion, including Islam, allows punishing innocent persons and ordered that no 'Darul Qaza' should give verdict which affects rights of a person who is not before it.


The court passed the verdict on a public interest litigation (PIL) filed by advocate Vishwa Lochan Madam questioning the constitutional validity of Shariat courts which allegedly run a parallel judicial system in the country.


All India Personal Law Board (AIPLB) had earlier submitted that fatwa was not binding on people and it was just an opinion of a 'mufti' (cleric) and he has no power and authority to implement it.


The counsel, appearing for the Board, had said if a fatwa was sought to be implemented against the wish of the person concerned, then he could approach the court of law against it.


The petitioner had submitted that the fundamental rights of Muslims could not be controlled and curtailed through fatwas issued by 'qazis' and 'muftis' appointed by Muslim organizations.



suman chakraborty

3 years ago

Supreme court should enjoy its moment in the sun. Till India has 50% rational people population, after than Supreme Court will have no sanctity.

Rail Budget: What will passengers get from Sadananda Gowda?

Gowda is likely to announce pilot project for introduction of automatic closing of doors in Shatabdi coaches and Mumbai suburban network to prevent accidental fall of passengers from running trains

Railway Minister Sadananda Gowda's maiden budget on Tuesday is likely to adopt a realistic approach in announcing new trains, lines and survey in view of the cash crunch of Rs26,000 crore. The rail budget comes amidst the recent 14.2% hike in passenger fares and 6% increase in freight rates.


With the growth in passenger earnings declining, railways is likley to spell out its strategy to earn additional revenue to reach the target in the current fiscal.


While many unviable projects may be scrapped, Gowda will also announce some new projects on priority basis in the rail budget 2014-2015.


Since the government is grappling with ever-increasing fuel cost, harnessing alternative energy like solar power and bio-diesel in a big way is likely to feature in the National Democratic Alliance (NDA) government's first Rail Budget as it is believed to be the vision of Prime Minister Narendra Modi, who wants use of non-renewable energy in rail sector so that the dependence on fuel is less.


Gowda is likely to announce pilot project for introduction of automatic closing of doors in Shatabdi coaches and EMU coaches in Mumbai suburban train as safety measures for passengers to prevent accidental fall from running train.


There will be provision for a few new trains including premium and services connecting various pilgrim centres in the Rail Budget 2014-15.


Managing passenger service through cross-subsidy from freight earnings, railways may spell out its policy on foreign direct investment (FDI) to attract foreign capital in expansion of rail infrastructure including modernisation of station and high speed train.


The Rail Budget will spell out details of future course of action plan for having a 'Diamond Quadrilateral' to run high speed trains.


The budget will also reflect the views of NDA government on Rail Tariff Authority and High Speed Rail Authority.


Though involvement of private players in big ticket projects is becoming a necessity now, the state-run transporter has to come out with win-win formula for investors in a hassle-free environment.


Hinting at the possibility of private investment in rail sector, Prime Minister Narendra Modi had recently said that private parties would be ready to invest in rail sector like development of stations.


"This would be a win-win situation project and we want to move ahead in this direction in the coming days," Modi had said.


Sumangal group's MD arrested for money laundering, ponzi schemes

Police arrested Subrata Adhikari, MD of Sumangal group on charges of money laundering and for running a scheme of “potato purchase” investment, promising up to 100% gain in just 15 months

Cracking down on a “potato purchase” illegal investment scheme promising up to 100% gain in just 15 months, Kolkata police has arrested Subrata Adhikari, managing director of Sumangal group from Mumbai, says a report from the Hindu Business Line.


Quoting Pallab Kanti Ghosh, Joint Commissioner of Police (Crime), the newspaper said, “A team of Kolkata police officers from the Detective Department arrested Adhikhari from a guest-house yesterday night.”


Last year in July, market regulator Securities and Exchange Board of India (SEBI) had the Kolkata-based company to wind up its 'potato purchase investment' scheme and refund money in three months to investors.


The Sumangal Group had been involved in various deposit-taking and ponzi schemes in West Bengal and the neighbouring states. Money collection was made through the ‘Flexi Potato Purchase Scheme’. It was promising investors 20%-100% return on their investments within 15 months through a scheme involving purchase and subsequent sale of potatoes.


SEBI had begun a probe into the matter after it came across a newspaper advertisement in Kolkata by Sumangal Industries, wherein it was soliciting funds from the public under a “Flexi Potato Purchase Scheme.”


The regulator had subsequently informed the company in October 2012 that no entity could carry on or sponsor or launch a collective investment scheme without its approval. It also said the company would have to submit certain documents to obtain the certificate.


However, the company in its reply to SEBI said it was trading in potatoes for which it had a trading licence and it was dealing in agricultural and non-agricultural products within and outside India.


Sumangal group also denied that it was running a collective investment scheme and submitted that the question of obtaining a certificate of registration from SEBI did not arise.


According to reports, the charges levelled against Adhikari include money laundering and raising money through ponzi schemes. The group is allegedly said to have amassed deposits upwards of Rs100 crore, the report says.


In December 2013, some 5,000-odd depositors had staged an agitation and lodged a complaint at the Shakespeare Sarani police station against the group for non-payment following the maturity of these Potato Flexi Bonds.


Complaints were lodged after the investors found the Sumangal Group closed its offices and the directors, including Adhikari, went absconding, the report added.


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