Is excommunication a Bohra non secular proper? SC to look at | India Information

Home » Is excommunication a Bohra non secular proper? SC to look at | India Information
NEW DELHI: The Supreme Court docket on Tuesday pulled out a 36-year-old petition that had raised some 60-year-old questions — whether or not the supreme chief of the prosperous but close-knit Dawoodi Bohra neighborhood can excommunicate any of its members and whether or not it’s constitutionally protected as a spiritual observe.
Syedna Mufaddal Saifuddin, via senior advocate Fali S Nariman, knowledgeable a bench of Justices Sanjay Kishan Kaul, Sanjiv Khanna, A S Oka, Vikram Nath and J Ok Maheshwari that the difficulty has change into “moot” and that the SC needn’t spend time to adjudicate it.
Nariman mentioned on a petition by Sardar Syedna Taher Saifuddin, grandfather of current Syedna, difficult provisions of the Bombay Prevention of Excommunication Act, 1949, a five-judge SC bench had on January 9, 1962, dominated that the ability of the supreme chief of the neighborhood to excommunicate a member wouldn’t be curtailed by the 1949 regulation.
The 1962 judgment mentioned, “It’s evident from the non secular religion and tenets of the Dawoodi Bohra neighborhood that the train of the ability of excommunication by its non secular head on non secular grounds fashioned a part of the administration of its affairs in issues of faith and the 1949 Act in making even such excommunication invalid, infringed the appropriate of the neighborhood underneath Article 26(b) of the structure.”
Nariman mentioned, “The 1949 laws has been repealed and changed by the Maharashtra Safety of Folks from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016, which allowed the aggrieved particular person to file a grievance on dealing with excommunication. For the reason that previous Act, on which the 1962 judgment had come, has been repealed, there is no such thing as a want for the courtroom to adjudicate a difficulty that has change into moot.”
Solicitor common Tushar Mehta mentioned the difficulty might have change into moot however the 60-year-old ruling of a structure bench nonetheless holds good. “I can recommend the difficulty to be taken up with different petitions referred to a nine-judge bench referring to validity of sure non secular practices,” Mehta mentioned.
Senior advocate Siddharth Bhatnagar instructed the bench that if the supreme chief of the Dawoodi Bohra neighborhood could make a press release that the non secular energy to excommunicate a member wouldn’t be resorted to following the 1962 judgment, then there can be no must adjudicate the moot concern.
The bench mentioned it could then hear arguments on the difficulty. It requested events to submit three-page written submissions by September 30 and posted listening to on October 11.

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