The Supreme Court on Friday told the Haji Ali Dargah Trust to adopt a “progressive" approach while opposing a Bombay High Court order that recently allowed entry of women into the sanctum sanctorum in which only men could enter.
Issuing notice on the Trust’s appeal challenging the HC order passed in August this year, the Bench of Chief Justice TS Thakur and Justice AM Khanwilkar said, “If you are not allowing anyone beyond a point that is understandable. But if you allow men and not women that is a different question.”
For the trust, senior advocate Gopal Subramanium argued that the sanctum sanctorum is not open to men or women. It houses the tomb of the saint. While men can travel upto a point near the tomb, women can get to see the tomb from a distance. The High Court found this practice discriminatory and allowed women equal access as men after learning that such was the practice till 2011.
The Bench was mindful of a similar question pending hearing in apex court with regard to the Hindu shrine of Sabarimala. The Bench told Subramanium, "Try and convince your client to take a progressive stand." However, the stay on the HC order, granted by the HC Bench itself, was extended by Supreme Court till the next date of hearing.
The High Court had allowed a PIl filed by two women Zakia Soman and Noorjehan Niaz, from NGO Bharatiya Muslim Mahila Andolan, challenging the ban on women's entry into the sanctum sanctorum of the dargah from 2012.
It had granted a six-week stay on the order on a request by the Dargah Trust to enable it to appeal before the Supreme Court. The high court had held that the Trust had no power to alter or modify the mode or manner of religious practices of any individual or any group.