By Mumtaz Alam Falahi, TwoCircles.net
New Delhi: Supreme Court judge Justice Markandeya Katju on Monday apologized for his March 30 controversial comments that Muslim students cannot insist on sporting beards as it would lead to “Talibanisation” of the country. Since his comments three months back, he had been under heavy criticism from Muslim organizations and religious leaders.
While withdrawing its March 30 order today the bench of Justices Markandeya Katju and R V Raveendran said: “During the hearing, certain observations were made by one of us (Justice Markandeya Katju). His intentions were not to offend anyone. However, if any one’s feeling has been hurt, he apologises and expresses regret in the matter.”
The development has come less than two weeks after India’s eminent spiritual leader and Sajjada Nasheen of Khanqah Rahmani Maulana Muhammad Wali Rahmani’s high profile meetings with Prime Minister and Law Minister on the issue.
During the hearing on March 30 of a petition by Muhammad Saleem, a 10th class student of Nirmala Convent High School, Vidisha, Madhya Pradesh, which had denied him sporting beards, Justice Katju had told the petitioner and the advocate Justice B A Khan (retd), who appeared for the student, that Muslims have no fundamental right or religious duty to sport a beard.
The judge had further observed that the apex court cannot allow Muslim students to sport a beard as it amounted to Talibanisation of the country. If the plea of the student was entertained then tomorrow a girl student might insist on wearing only a burqa in the classroom.
“If there are rules, you have to follow it. You can’t say that I will not wear a uniform I will wear only a burqa,” the bench had observed.
The controversial observation earned Katju fierce criticism from Muslim religious leaders and organizations.
Spearheading the attack of criticism Maulana Muhammad Wali Rahmani, who is also secretary, All India Muslim Personal Law Board, had issued a strong worded comment.
To mount pressure on Justice Katju to apologize for his comments, Maulana Rahmani led a delegation to Prime Minister Dr Manmohan Singh on June 24. Besides Maulana Rahmani the delegation comprised Congress leader and former Madhya Pradesh Chief Minister Digvijay Singh, filmmaker and social activist Mahesh Bhatt, Mufti Aijaz Arshad Qasmi and Mahmood Pracha.
A day earlier, Maulana Rahmani had led the same delegation to Union Law Minister M Veerappa Moily.
It is said that this is the first time in the history of India that a sitting Justice of Supreme court of India has apologized and that also for the cause of beard which has put entire Muslim Community on boiling all over India.
While withdrawing its March 30 order today, the bench has requested the Supreme Court to refer the matter to another bench for a fresh hearing. In his review petition Muhammad Saleem had expressed that one of the judges was biased against him. He had also sought withdrawal of the controversial remarks by justice Katju.
On March 30 the bench had upheld the Madhya Pradesh High Court order which had earlier upheld the Vidisha school ruling by which Saleem was not allowed to wear beard.