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‘Judicial Activism in Personal and Customary Law’

National Seminar in Lucknow to ponder on the issue Sunday, April 18

Saturday, April 17, 2010 12:29:34 PM, Staff Reporter

'Judiciary in India seemingly working beyond its constitutional limits': “Some judgments pronounced by various courts recently has given rise to the feelings that the judiciary in India is working beyond its constitutional limits”, observed ....Read Full

Malegaon: The high-level committee formed by All India Muslim Personal Law Board (AIMPBL) in association with Citizens for Peace & Justice (CPJ) is organizing a day-long national seminar this Sunday on April 18, 2010 to discuss the impact of Judicial Activism on the society. Judicial Activism is the term used for the court judgments that the organizers think are beyond the court jurisdiction.


The seminar to be held at Mumtaz PG College, Iradat Nagar, Daliganj in Lucknow this Sunday is part of the decision taken by the All India Muslim Personal Law Board (AIMPBL) during its March 2010 session held in Lucknow. It was taken when some court judgments indicative of interfering in the Muslim Personal Law and against the Women Protection Act 1986 were brought to the notice of the board.


While Former Chief Justice AM Ahmadi will grace the occasion as Chief Guest, Former Supreme Court Judge, Justice Saghir Ahmad will preside over the seminar.


“Of late, many judgments pronounced by High Courts in some states and the Supreme Court give rise to the feeling that the judiciary is working beyond its defined jurisdiction in the Indian Constitution.

Besides this, the judgments are clear interference in the Muslim Personal Law and are against the rights given to the Muslim community under the constitution. Hence, All India Muslim Personal Law Board (AIMPLB) in its recently concluded session in Lucknow formed a committee to look into all the judgments in questions so as to file an appeal”, said Maulana Sayyad Mohammad Wali Rahmani while speaking to


General Secretary of the All India Muslim Personal Law Board (AIMPBL), Maulana Sayyad Mohammad Wali Rahmani is the head of the committee formed by the board.


“The committee after examining all the judgments will submit its report to Prime Minister Dr. Manmohan Singh, UPA Chairperson Mrs. Sonia Gandhi and Law Minister Veerappa Moily”, Maulana Rahmani added.


Elaborating even further, Prof. M. Shabbir – Dean, Faculty of Law, Aligarh Muslim University (AMU), who is also one of the members of the AIMPLB and the committee constituted to look into the issue, said, “The spirit of the Indian Constitution lies in separation of power among Legislators, Executives and Judiciary. All of the three have their rule to play and also their jurisdiction defined in the constitution. Whoever will try to work beyond their jurisdiction, they will be doing nothing but sabotaging the very spirit of the constitution itself.”


“The judgments in question give rise to the feelings that the judiciary, in the name of justice, is working in the manner that is not useful for the country”, he said while speaking to on phone.


“Sunday’s national seminar”, he added, “Will try to create awareness among the masses and will also formulate the roadmap for further action so as to press the UPA government to issue some guidelines to the court in this regard.”






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