By TCN News,
Jaipur: The Rajasthan Muslim Forum, the apex Muslim body in the state, has termed as interference in the Muslim Personal Law the recent Supreme Court order upholding the Rajasthan High Court judgment that justified termination of a Muslim government servant after he did second marriage.
“With due respect to the Supreme Court, the highest body of the country responsible to assure justice to all citizens of the country, we would like to say that this decision is shocking for the Muslim Community because it is direct interference in the Muslim Personal Law recognized by the Constitution of India,” said Qari Mueenuddeen, Convener Rajasthan Muslim Forum, while addressing a press conference in Jaipur on Sunday.
Recently the Supreme Court of India had upheld the decision of Rajasthan High Court justifying the termination of a Rajasthan Police Constable Mr. Liyaqat Ali because he married second time in presence of his first wife. The court passed the order in view of Service Rules of Government of Rajasthan 1971, 25 (1) in which any Government servant is not allowed to marry second time in presence of his first wife.
The members of Rajasthan Muslim Forum expressed their concern as the decision has hurt the religious sentiments of the Muslims. “We feel that the fundamental right of freedom of practicing religion has been hurt by this decision,” said Engineer Muhammad Saleem, Member of the Forum and State President Jamaat-e-Islami Hind.
Mr. Saleem said: “The service rules cannot be above the provisions and rights assured to citizens by the constitution of India and therefore a government servant who is Muslim or from any other community having their personal laws, in matters of marriage, divorce and inheritance will be ruled by their respective personal laws.” Though it is understood that all the rules will have to fulfill the requirements and spirit of the constitution, the state Governments should make it explicit in their service rules to leave no space for any confusion and misuse, he added. This decision has created apprehensions among the Muslim community about protection of their fundamental rights and their personal laws.
Among those present at the press conference were Qari Mueenuddeen, Engineer Muhammad Saleem, Mr. Imamuddeen Contractor, Mr. Mujahid Ali Naqvi Advocate of All India Milli Council, Mr. Abdul Lateef Arco, President Mansoori Panchayat and Mr. Nazimuddeeen, State Secretary, JIH Rajasthan.