Triple Talaq verdict: Victory for Islam and Muslim Personal Law, says Board

coastaldigest.com news network
August 23, 2017

New Delhi, Aug 23: Representatives of the All India Muslim Women Personal Law Board (AIMPLB) and the All India Shia Personal Law Board have hailed the Supreme Court judgement on instant triple talaq as a victory for Islam and Muslim Personal Law in the country.

In a statement issued here the AIMPLB said that the verdict was a also victory for the Board as the judgment "accorded protection to the Muslim Personal Law."

The apex court struck down the instant triple talaq, terming it "unconstitutional", and a practice that was against the tenets of the Quran.

The AIMPLB, a respondent in the case, had batted for the practice and had, in May 2017, submitted that the court must not venture into personal laws, saying they were protected under article 25 of the Constitution.

Kapil Sibal, while arguing for AIMPLB in the case, had stated that personal laws were a matter of faith that cannot be judged by the court of law.

“We welcome the judgment of the Supreme Court of India since it accords protection to Muslim personal law and says that personal laws cannot be tested by the courts on the grounds of violation of fundamental rights. Chief justice of India, JS Khehar, Justice Abdul Nazeer and Justice Kurian Joseph have accorded Personal laws the status of fundamental rights being protected under Article 25 of the constitution,” reads a statement by the board.

J.S Khehar and Justice Abdul Nazeer stated in the verdict that, “the Constitution allows the followers of every religion, to follow their beliefs and religious traditions. The Constitution assures believers of all faiths, that their way of life, is guaranteed, and would not be subjected to any challenge, even though they may seem to others (-and even rationalists, practicing the same faith) unacceptable, in today’s world and age. The Constitution extends this guarantee, because faith constitutes the religious consciousness, of the followers.”

The board has also said that this verdict would now ensure non-interference by courts in the matter of religion and their faith or beliefs, or from practices emanating from religious texts and belief systems of different communities.

However, AIMPLB cited the affidavit it had submitted before the apex court on May 22, and said that the board was ready to make instant talaq optional in the marriage certificate.

“We have always said Talaq-e-Biddat is not a desirable form of divorce, and hence, we submitted the affidavit on May 22, 2017, asking it to be optional in a Nikahnama for the wife. We accept the verdict and will work to see how it is implemented,” reads the AIMPLB statement.

The board has made it clear that the reference to parliament by CJI Khehar and Justice Abdul Nazeer to address the issue of ‘Talaq e Biddat’ was “inconsequential being the minority view on this point.”

AIMPLB further cautioned that the Supreme Court verdict “cannot be misused by the government to try to interfere with personal laws through legislation.”

AIMPLB general secretary Maulana Wali Rehmani, however, refused to comment on the verdict saying, the board will sit together and decide on the future steps in this matter.
 

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News Network
April 28,2025

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Mangaluru: Following the recent terror attack in Pahalgam,  many Mangaluru residents are cancelling their planned trips to Jammu and Kashmir. The attack, which resulted in several fatalities, has raised concerns about safety among travelers, leading them to reconsider their vacation plans.

Surge in Cancellations 

Travel operators in Mangaluru have reported a significant increase in requests to cancel Jammu and Kashmir holiday bookings. Tourists who initially planned to visit the region are now looking for alternative destinations, including popular hill stations in Himachal Pradesh like Shimla and Kullu-Manali, as well as other scenic locations across India.

Concerns from Tour Operators

Eulalia D'Souza, the owner of Lia Travels and Tours, noted the growing unease among tourists, despite reassurances that Jammu and Kashmir remains a safe destination. She revealed that her agency has already processed four cancellations, and another booking scheduled for May 12 has also been canceled. D'Souza expressed concern about the financial strain on travel operators, who are facing challenges such as refunding bookings while also dealing with high cancellation charges for airline tickets.

Travel Costs Surge as Destinations Change

With an increasing number of people opting for alternative destinations like Shimla, Kullu-Manali, and Sikkim, travel costs to these locations have spiked. Eulalia D'Souza mentioned that room rates in Himachal Pradesh, which would normally cost Rs 6,500 per night, have risen to over Rs 10,000 due to increased demand. Similarly, airfare to these regions has also seen a significant increase in price.

William D'Souza, the Managing Director of Globe Travels, shared that his agency had 32 bookings for Jammu and Kashmir tours, all of which have now been canceled. He confirmed that Globe Travels was able to secure full refunds from airlines, hotels, and other service providers. However, he noted that some travelers are adopting a “wait-and-see” approach, monitoring the situation before making further decisions.

Vikram Travels and Resorts India Pvt Ltd, based in Mangaluru, reported nearly 250 cancellations, with the majority of them coming from families. Subrahmanya HP, the regional in-charge for Vikram Travels, stated that about 99% of their Jammu and Kashmir bookings have been canceled, as families are opting for other destinations.

Flight Fares Drop!

In contrast to the soaring prices for alternative destinations, flight fares to Jammu and Kashmir have decreased significantly, as demand for trips to the region has dropped following the attack. This has led to lower ticket prices, although many travelers are still hesitant to book flights in light of safety concerns.

Shifting Preferences 

Tour operators in the region are noticing a clear shift in traveler preferences, with destinations like Kullu, Manali, and Sikkim gaining popularity. While these locations offer similar scenic beauty and cooler climates, the sudden increase in demand has also caused a rise in travel expenses, further complicating the decision-making process for tourists.

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News Network
April 29,2025

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The Supreme Court Tuesday dismissed a plea by former IPS officer Sanjiv Bhatt, undergoing life imprisonment in connection with a 1990 custodial death case, for bail and the suspension of his sentence. While denying him the relief, a bench of Justices Vikram Nath and Sandeep Mehta also directed that the hearing of his appeal be expedited.

“We are not inclined to enlarge the appellant Sanjiv Kumar Bhatt on bail. However, we make it clear that the observations made herein above are restricted to the prayer for bail only and will have no bearing on the appeals of the appellant and the co-accused. The prayers sought by the appellant, Sanjiv Kumar Bhatt, for the grant of bail are dismissed. Hearing of the appeal is directed to be expedited,” Justice Mehta said while reading out the order.

The case dates back to 1990 when Bhatt was posted as the additional superintendent of police in Gujarat’s Jamnagar. He had detained around 133 people under the stringent Terrorist and Disruptive Activities (Prevention) (TADA) Act during a communal riot in Jamjodhpur town.

On November 18, 1990, one of those detained, Prabhudas Vaishnani, died in a hospital after he was released, allegedly due to torture while he was in custody. A complaint of custodial death was registered against seven policemen, including Bhatt, by Amrutlal Vaishnani, the brother of the deceased, following which the investigation was transferred to the state Criminal Investigation Department (CID) branch in Gandhinagar.

In 1995, the CID investigating officer requested sanction from the government to prosecute Bhatt as is required for the prosecution of a government officer when on duty. However, the government did not grant the sanction. After that, CID filed a summary report, which is a closure report, in the court. However, the court rejected this report in December 1995 and instead took cognisance of offences alleged against Bhatt and six others.

An A-summary report was filed in this case in 1995 after the Gujarat Government refused to grant sanction for prosecuting Bhatt. However, after Bhatt’s deposition in relation to the 2002 communal riots before the Nanavati and the Mehta commissions between May and July 2011, the state government withdrew protection granted to him, and the Jamnagar court began framing charges soon after.

A Jamnagar sessions court sentenced Bhatt to life imprisonment in June 2019. This was subsequently upheld by a Division Bench of the Gujarat High Court.

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News Network
May 11,2025

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Amid the ongoing border tension with Pakistan, the Punjab Police in India arrested two individuals on espionage charges. They allegedly leaked sensitive information and photographs of Army cantonment areas and Air Bases in Amritsar, said the police on Sunday.

The two persons were identified as Palak Sher Masih and Suraj Masih. They were arrested in a significant counter-espionage operation by the Amritsar Rural Police.

Director General of Police Gaurav Yadav wrote on X, "Malerkotla Police apprehends two individuals for their alleged involvement in espionage activities linked to a Pakistani official posted at the High Commission, New Delhi.

"Acting on credible intelligence, one suspect was arrested for leaking sensitive information regarding Indian Army movements to a Pakistan-based handler. Based on disclosures made during interrogation, a second conduit was also identified and taken into custody.

"Preliminary investigation reveals that the accused had been receiving payments through online transactions in exchange for classified information. They were in frequent contact with the handler and were involved in channeling funds to other local operatives as per his instructions. Two mobile phones have been recovered, and an FIR has been registered."

The police said further investigation will be undertaken as per established protocol, with a focus on tracing the financial trail and identifying additional operatives and linkages within the network.

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