Bombay High Court ruled in favour of Women’s here on Friday lifting the ban according to which women’s was not allowed to enter the inner sanctum of the dargah. The ban was imposed between March and June 2012 by the Haji Ali Dargah Trust. The Trust stuck to its decision saying that entry of women in close proximity to the tomb of a male saint is grievous sin in Islam. Shoaib Memon advocating from the side of Trust said that ” Article 26 of the Constitution of India confers upon the trust a fundamental right to manage its own affairs in matters of religion and as such interference is uncalled for by third agency.”
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Haji Rafat MIM of the Haji Ali Dargah said that “the high court should not have interfered in the issue. The trust will now approach the Supreme Court”.But Maharashtra government in defend to women’s right said that they cannot be banned inside the inner sanctum unless it is shown that banning them is integral to Islam.
Raju Moray, advocating the petitioner said that ” the documents show that the government while giving the land on 999 years lease has retained pervasive control including in the appointment of the trustees, their defence cannot be that it is a purely religious trust”.