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2016 Supreme(Bom) 1033

V.M.KANADE, REVATI MOHITE DERE
Noorjehan Safia Niaz – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Raju Z. Moray with Mr. Sagar Rane and Mr. Dhishan Kukreja.
For the Respondent-State:Mr. Shrihari Aney, Advocate General with Mr. Milind More, A.G.P.
For the Respondent: Mr. Shoaib I. Memon.
For the Intervener : Mr. S. M. Gorwadkar with Ms. Sana Yusuf Baugwala.

JUDGMENT :

REVATI MOHITE DERE, J.

1. Heard learned Counsel for the parties.

2. Rule. Rule made returnable forthwith, by consent. Learned Counsel waive notice for the respective respondents.

3. Petition is taken up for final disposal forthwith, by consent.

4. By this PIL, filed under Article 226 of the Constitution of India, the petitioners, who are social activists, have alleged gender discrimination and arbitrary denial of access to women in the sanctum sanctorum at the Haji Ali Dargah.

5. The petitioners state that they are the office bearers of ‘Bharatiya Muslim Mahila Andolan’ – a national secular autonomous mass movement of Muslim Women with over 50,000 members in 15 States. According to the petitioners, since their childhood, they were visiting the Haji Ali Dargah, the Dargah of Pir Haji Ali Shah Bukhari (R.A.), the patron saint and during their visits, were permitted to enter the sanctum sanctorum where the saint lied buried, through a separate entry earmarked only for women to enable them to offer prayers. They have stated that in March, 2011, when the petitioner No. 1 along with other activists, visited the Haji Ali Dargah, they were permitted to enter the sanctum sanctorum to o

































































































































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