SC stays HC order on fatwa, terms it illegal
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