SC stays HC order on fatwa, terms it il­le­gal

DNA (Daily News & Analysis) Mumbai Edition - - FRONT PAGE - DNA Correspondent correspondent@dnain­dia.net

Min­is­ter Piyush Goyal’s jibe, Congress leader Pawan Khera said, “Our ques­tions are based on facts, your an­swers should also be based on facts”. “The coun­try needs fac­tual an­swers, we don’t need your ad­jec­tives for Rahul Gandhi. The coun­try will de­cide who is ly­ing and who is not,” he said. New Delhi: The Supreme Court on Fri­day stayed an order of the Ut­tarak­hand High Court that made a dec­la­ra­tion of fatwa “un­con­sti­tu­tional” and “il­le­gal”.

The Jamiat Ulama-e-hind ap­proached the court chal­leng­ing an Au­gust 30, 2018 de­ci­sion which passed a sweep­ing ban on all re­li­gious out­fits, groups, and statu­tory bodies such as Pan­chay­ats in the state from is­su­ing fat­was.

The Mus­lim body told a bench of Jus­tices Madan B Lokur and Deepak Gupta that the HC mis­took ‘far­maan’ to mean ‘fatwa’ and pro­ceeded to pass or­ders against all re­li­gious bodies with­out hear­ing their side. By do­ing so, the HC went against a Supreme Court de­ci­sion of July 7, 2014, where the va­lid­ity of ‘fatwa’ was specif­i­cally ex­am­ined by the Court and held that it is merely an ad­vice or opin­ion and can­not be legally en­forced or made bind­ing on any per­son.

The SC bench ad­mit­ted the pe­ti­tion and di­rected stay of the HC order.

The BJP fielded Rail­ways Min­is­ter Piyush Goyal (L) to at­tack the Congress

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