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 '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
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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 ummid.com.
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 ummid.com 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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