Haji Ali Dargah: Trust to challenge HC order in the Supreme Court

Mumbai: In a landmark judgement, the Bombay High Court, on Friday, lifted the ban imposed on women on the entry in the Haji Ali Dargah here. The Bombay HC ruled that the women must be allowed to enter the sanctum sanctorum.

A two-judge bench of the high court, comprising Justice VM Kanade AMD and Justice Revati Mohite Dhere, pronounced the verdict and removed the ban which was imposed in year 2012 by the Haji Ali Dargah authorities.

The woman social activist, Trupti Desai, appreciated the Court’s order saying that it is a big win for women. “This is an historic decision. We welcome the HC order, big win for women,” stated Desai.

The division bench said that the ban that was imposed by the Dargah trust authorities contravened Article 14 (equality before law within India), 15 (prohibition of discrimination on grounds of religion, caste, sex), 19 (1)(d) (to move freely throughout the territory of India) and 25 (freedom of conscience and free profession, practice and propagation of religion) of the Indian Constitution.

Dargah trust to challenge HC's decision in Supreme Court:

• The trustees have sought for a stay on the order to appeal against it in the Supreme Court.
• The trustees informed the court that they took the decision, of imposing the ban, after a detailed discussion with Maulanas and Maulvis.
• The trustees had, earlier, told the High court that entry of women in close proximity to the grave of a male Muslim saint is considered as a sin in Islam. "This has been decided in the interest of women and they are close to the inner sanctum of the tomb as far as possible," the Dargah authorities had argued.
• The authorities had also stated that they have provided a secure place, near the sanctum of the tomb, for the women to offer prayers.

PIL filed by Noor Jahan against Haji Ali Dargah Trust:

• The court order came on a Public Interest Litigation, filed by a Bhartiya Muslim Mahila Andolan activist, Noor Jahan, in November 2014.

• The PIL filed by the woman stated, “ women were going to the Dargah since childhood but were restricted from entering the inner sanctum by the authorities in June 2012.”