(T.S. Thakur, C.J. and D.Y. Chandrachud and L. Nageswara Rao, JJ.)
Haji Ali Dargah Trust ________________________________ Petitioner
v.
Dr. Noorjehan Safia Niaz and Ors. ___________________ Respondent(s)
Petition(s) for Special Leave to Appeal (C) No(s). 29488/2016, decided on October 24, 2016
The Order of the court was delivered by
Order
1. Heard.
2. This special leave petition arises out of an Order dated 26th August, 2016 passed in public interest by the High Court of Judicature at Bombay whereby the High Court has directed the petitioner-Trust to restore status-quo ante and permit women pilgrims to enter the sanctum sanctorum of the Haji Ali Dargah at Haji Ali, Mumbai, at par with man. The High Court has also directed the State and the petitioner-Trust to take effective steps for the safety and security of the women at the said place of worship.
3. Mr. Gopal Subramanium, learned senior counsel appearing for the petitioner-Trust, submits that pursuant to the order passed by the High Court, the Trust has not only decided to restore the status-quo ante and permit women to enter the sanctum sanctorum at par with men but passed a specific resolution to that effect on 11th October, 2016. He submits that the petitioner-Trust would require just about two weeks’ time to remove the obstruction to the access of the women to the sanctum sanctorum. He submits that the Trust has also decided to relay the flooring on both sides of the sanctum sanctorum inside the Dargah meant for men and women pilgrims. He submits that in the light of the said decision and the resolution of the Trust this petition could be disposed of with appropriate direction giving suitable time to the Trust to take steps for implementing the direction of the High Court and the Resolution. He further submits that certain observations made by the High Court in regard to the true scope and meaning of Article 26 of the Constitution of India may require to be considered in greater depth in an appropriate case and that the petitioner’s reservation about the view taken by the High Court could be recorded and left open for such consideration in future.
4. We accordingly dispose of this special leave petition granting the petitioner-Trust two weeks’ time to restore status-quo ante in regard to women pilgrims entering the sanctum sanctorum at par with men. The petitioner-Trust shall be free to relay the flooring and complete the entire process within a period of four months from today. We make it clear that in case there is any default or neglect on the part of the Trust in complying with the direction of the High Court, the respondents-writ petitioners shall be free to approach the High Court for appropriate redress in the matter.
5. The additional affidavit filed by the petitioner-Trust in the Court, is taken on record.
6. Interim directions shall stand vacated. No costs.
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