Bombay High Court granted a stay on its this order for a period of six weeks on a plea by the Haji Ali Dargah Trust wish to appeal before Supreme Court.
High Court of Bombay, in a landmark judgment today allowed Women to enter inside the inner sanctum of the Haji Ali Dargah.
A Division Bench of Justices V M Kanade & Revati Mohite-Dere said that the ban order by the Haji Ali Dargah Trust contravenes the following: Article 14 (i.e. equality before law within India), Article 15 (i.e. prohibition of discrimination on grounds of religion, sex), Article 19 (1)(d) (i.e. to move freely throughout the territory of India) , Article 25 (i.e. freedom of conscience & free profession, practice & propagation of religion) of the Indian Constitution.
However, the Bench granted a six weeks stay on the order on a plea by the Trust, which wanted to go on appeal in the Apex Court.
The court was hearing a PIL (public interest litigation) filed by Noor Jahan of the Bharatiya Muslim Mahila Andolan.
The PIL states that women had been going to the Haji Ali dargah since their childhood, & suddenly in 2012, the Trust restricted the entry of women to the sanctum of dargah.
Earlier, the trustees told the court that entry of women in nearness to the grave of a male Muslim saint is considered a sin in Islam. They said that the existing arrangement provides for a safe & secure place for women to offer their prayers.
Advocate Raju Moray appearing for the petitioner said that women are made to feel like second class citizens. He told the court that the trust took this decision as it was told by maulanas & maulvis.
While suggesting both the parties to try to resolve this issue outside the court, the High Court bench said that, “Today’s atmosphere is such that everything is taken in another way.
This is an era of intolerance & when it comes to religious matters, people become really sensitive.”