Sanjay Kishan Kaul, J.

The petitioner has filed the present public interest litigation stated to be arising in respect of the manner in which the fourth respondent Makka Masjid Shariat Council was running the affairs and with the objective to ensure that other persons do not face a similar situation.

2. It is an admitted position that the petitioner himself had approached the fourth respondent on account of a matrimonial dispute. There is controversy as to what transpired therein, as there are allegations and counter allegations in this behalf. But, we are not required to go into that issue as that would be a matter to be examined by an appropriate Court.

3. The substantive allegation is that the fourth respondent seeks to function in the campus of the Makka Masjid with the fifth respondent as its General Secretary. It is the allegation of the petitioner that the fifth respondent and some advocates and other persons have jointly been using the mosque premises and sought to create an impression in the mind of the Muslim community that the fourth respondent is an organisation which is carrying on judicial function as per Islamic Shariat Law and proclaiming it as an alternative to the judicial system. The persons from the community are encouraged to approach the forum by sending ''summon'' and also phone calls made to the opposite party and then, they are compelled to appear under an alleged religious edict. The fourth respondent forum is, thus, being alleged to be a Kangaroo Court and in that process, it is alleged that even the petitioner and his family members were misled. The culmination of the proceedings is stated to be in the form of an order akin to a judicial forum and those documents are then misused for other purposes.

4. The proceedings are stated to be in the form of Court halls and outside the so-called Court hall, there are boards which, inter alia, state as under:

''4. Inside the Mosque premise and also inside the Court, women should be only in complete Islamic dress like hijab and purdah and

6. Only the Parents of both the parties would be permitted inside the Court.''

5. The petitioner has, along with the petition, filed the format of the summon issued and the orders issued, which are scanned as under:

      

Founder Majestic Alhaj K.V.M. Abdul Kareem   President Advocate Alhaj A.J. Abdur Razak (Ex.Chairman, Tamil Nadu Govt. Wakf Board)   Vice Presidents Advocate Munirudding Sheriff M.A. B.L. (Notary) Alhaj.K.Mohamed Mansor Crystal Regency   General Secretary Moulana S. Shamsudeen Qasimi   Joint Secretaries Mohamed Yusuf Rashadi Principal, Niswan Arabic Madarasa, Chennai   Kurshid Begam M.A. Family Councilar   Treasurer P.S.M. Seyed Adbul Qadir   Joint Treasurer Auditor M. Zainul Abideen   Advisory Board Moulana K.S.M. Shahul Hameed Alim, Jamali   Advocate S.M. Amjad Nainar   Moulana Salahudeen Md. Ayyub (Govt. Chief Qazi)   Public Relation Captain N.A. Ameer Ali

Ph. 412 41 333 MAKKAH MASJID SHARIAT COUNCIL 822, Anna Salai, Chennai-600 002 ________________________________________ Date : 25.5.2015   To,   Yaseen Mubarak   Assalamu Alaikum (Varah)   Sub : Case No. F/1339/15   Your wife Janaba Yaseen Mubarak Marjan has registered a case against you before the Shariat Council regarding family dispute.   In that regard, you are to send your views within 10 days either in person or by post.   Makkah Masjid Shariat Council has been resolving the disputes as per the Shariat and amicably after enquiring both parties.   Hence, your are to render full cooperation.                                       ----------------------------------------------------- Office hours Afternoon: 6.00 To 9.00 PM (Sunday Holiday)

     

Founder Majestic Alhaj K.V.M. Abdul Kareem   President Advocate Alhaj