SC can't question Muslim personal law: Jamiat-Ulama-e-Hind

February 6, 2016

New Delhi, Feb 6: Jamiat-Ulama-i-Hind, the powerful body of Muslim clerics, has said that Muslim personal law flows from the Holy Quran and cannot be subjected to any scrutiny by the Supreme Court based on principles of the Constitution.

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"Mohammedan law is founded essentially on the Holy Quran and this cannot fall within the purview of the expression 'laws in force' as mentioned in Article 13 of the Constitution, and hence its validity cannot be tested on a challenge based on Part-III of the Constitution (guaranteeing fundamental rights, including right to equality)," the JUH application filed through advocate Ejaz Maqbool said.

The assertion by the body marks a fierce challenge to the intent to extend the principle to gender equality to Muslim women and can open a fresh phase in the debate on whether personal laws based on religion can trump the Constitution. The debate will require the BJP-led government to spell out its stand on the fraught issue.

Last year, while entertaining a petition, a two-judge bench of Justices A R Dave and Adarsh Goel had directed registration of a separate PIL to consider the rights of Muslim women as there was no safeguard against arbitrary divorce (triple talaq) and second marriage by Muslim men during subsistence of their first marriage. The court had issued notice to the attorney general and National Legal Services Authority (Nalsa).

On Friday, a bench of Chief Justice T S Thakur and Justices A K Sikri and R Banumathi took up the petition titled 'Muslim Women's Quest for Equality' and agreed to make JUH a party to the proceedings and sought responses from the JUH, the AG and Nalsa on the questions posed by the SC in six weeks. All India Muslim Personal Law Board is also expected to request the SC to make it a party in the case.

The JUH also referred to Article 44, which figures as a provision in the Constitution, providing that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

But the JUH said, "Article 44 envisaging UCC is only a directive principle and is not enforceable. This article by implication recognizes the existence of different codes applicable to different religions in matters of personal law and permits their continuance until the state succeeds in its endeavour to secure for all citizens a UCC."

It said the Muslim Women (Protection of Rights on Divorce) Act, 1986, a legislation brought by the Rajiv Gandhi government to step around the SC directed equality in maintenance for Muslim women in Shah Bano case, provided for the rights of Muslim women in matters of divorce and maintenance.

Comments

IBRAHIM.HUSSAIN
 - 
Sunday, 7 Feb 2016

Is supreme court is law making body?

It cannot poke his nose in making law for any religious or minority groups of India.

Better to stay away from admitting the petition or allow JUH as party in the petition.

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News Network
December 15,2025

Mangaluru, Dec 15: Air India Express has announced that it will resume direct flight services between Mangaluru and Muscat from March 2026, restoring an important international air link for passengers from the coastal region.

Airport authorities said the service will operate twice a week—on Sundays and Tuesdays—from March 1. The initial flights are scheduled on March 3, 8 and 10, followed by March 15 and 17, with the same operating pattern to continue thereafter. The flight duration is approximately three hours and 25 minutes.

The Mangaluru–Muscat route was earlier operated under the 2025 summer schedule, with services beginning on July 14. At that time, Air India Express had operated four flights a week before suspending the service.

Officials said the summer schedule will come into effect from March 29, after which changes in flight timings and departure schedules from Mangaluru are expected. Passengers have been advised to check the latest schedules while planning their travel.

The resumption of direct flights to Muscat is expected to significantly benefit expatriates, business travellers and others, further strengthening Mangaluru’s air connectivity with the Gulf region.

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News Network
December 7,2025

Mangaluru, Dec 7: A 34-year-old fruit and vegetable trader in Mangaluru has reportedly lost ₹33.1 lakh after falling victim to an online investment scam run through a fake mobile app.

Police said the scam began in September, when the victim received a link on Facebook. Clicking it connected him to a WhatsApp number, where an unidentified person introduced a high-return investment scheme and instructed him to download an app.

To build trust, the fraudster asked him to invest ₹30,000 on September 24. The trader soon received ₹34,000 as “profit,” convincing him the scheme was genuine. Over the next two months, he transferred money in multiple instalments via Google Pay and IMPS to different scanner codes and bank accounts shared by the scammers. Between September 24 and December 3, he ended up sending a total of ₹33.1 lakh.

When he later requested a refund of his investment and promised returns, the scammers demanded additional payments, claiming he needed to pay a “service tax” first. Even after he paid a small amount, no money was returned, and the scammers continued pressuring him for more.

A case has been registered at the CEN Crime Police Station.

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News Network
December 19,2025

Mangaluru: The Mangaluru CEN police have arrested a 23-year-old man for allegedly posting provocative and misleading content on an Instagram page named “mr_a_titude”, targeting the Bajpe police.

Mangaluru Commissioner of Police Sudheer Kumar Reddy C H identified the arrested as Abhishek M, a resident of Katipalla in Mangaluru.

A case has been registered at the Bajpe Police Station under Sections 353(1)(c), 353(2), 56, and 57 read with Section 189 of the Bharatiya Nyaya Sanhita (BNS) in connection with the post.

According to police, the accused uploaded a photograph of a hotel on the Instagram page and alleged that accused persons in a murder case under the Bajpe police jurisdiction were being given “royal treatment” by the police, including being served beef meals daily from the hotel.

The post further accused the police of supporting criminals, misusing their authority, and betraying public trust. Police said the content was provocative in nature and aimed at inciting public outrage against the police.

Following the post, a case was registered at the Bajpe police station, and further investigation was transferred to the CEN police station.

Police records indicate that the accused has a criminal history, with multiple cases registered against him, including murder, attempt to murder, assault, and robbery at the Surathkal Police Station, and one case at the Kaup Police Station.

The Commissioner said the accused was traced and arrested using technical evidence.

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