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2015 Supreme(Ker) 665

ASHOK BHUSHAN, A.M.SHAFFIQUE
KHURAN SUNNATH SOCIETY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners: SRI. K. RAMAKUMAR (SR.), SRI. J.R. PREM NAVAZ
For the Respondents:SRI. P.K. IBRAHIM, SMT. K.P. AMBIKA, SMT. A.M. FASEENA, P.S. ABDUL KAREEM, SRI. P.S. ABDUL KAREEM, SRI. O. ABDUL HAFEELU, SRI. P.S. ABDUL KAREEM, SRI. O. ABDUL HAFEELU, SRI. P. PARAMESWARAN NAIR, ASG OF INDIA, SRI. M.R. HARIRAJ, SRI. P.A. KUMARAN, SMT. VINEETHA B., SRI. NIRMAL V. NAIR, SRI. ANISH JAIN, SMT. M.A. JINSA MOL, SUBRAMANIAN SWAMY (PARTY-IN-PERSON), SRI. PULIKKOOL ABUBACKER, SRI. M.M. ALIYAR, SRI. M.B. SANDEEP, SMT. R. PRIYA, SRI. V. VISAL AJAYAN, SMT. B. DHANYA, SRI. N. NANDAKUMARA MENON (SR.), SRI. P.K. MANOJKUMAR, SRI. V. SHYAM, SRI. SIRAJ KAROLY, SRI. M.P. MOHAMMED ASLAM, SRI. R. RAMADAS, SRI. K.A. JALEEL, ADDL. ADVOCATE GENERAL, SENIOR GOVERNMENT PLEADER SHRI JOE KALLIATT, SRI. N. NAGARESH, ASSISTANT SOLICITOR GENERAL

JUDGMENT

Ashok Bhushan, J.

This Writ Petition filed as a Public Interest Litigation prays for the following reliefs:

“(a) To declare that the practice now followed by the Muslims based on Shariat, which is a Law under Article 13, in regard to inheritance of Muslim women is violative of Articles 14, 15, 19, 21 and 25 of the Constitution of India and therefore, void and unenforceable.

(b) To issue such other writs, orders or directions as this Honourable Court may deem fit and proper in the circumstances of the case.”

2. Writ Petition has been filed by several petitioners. The 1st petitioner claims to be a Society, viz., Khuran Sunnath Society founded for the faithful and correct implementation of Quran. The 2nd petitioner claims to be an Organization working mainly for the prevention of certain practices which are discriminatory and particularly against women. The 3rd petitioner is a Muslim by birth, a citizen of India and resident of Kerala who has only two daughters. The 4th petitioner is also a Muslim by birth who has three daughters. The 5th petitioner is the President of an Organization, viz., 'NISA', a progressive Muslim Women's Forum.

3. Petitioners plead in the Writ Petition that








































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