“With due respect to the Supreme Court, the highest body of the country responsible to assure justice to all citizens of the country, we would like to say that this decision is shocking for the Muslim Community because it is direct interference in the Muslim Personal Law recognized by the Constitution of India,” said Qari Mueenuddeen, Convener Rajasthan Muslim Forum, the apex Muslim body in the state. He was addressing a Press Conference at Jaipur. Among those present other than Qari Mueenuddeen were, Engineer Muhammad Saleem, Member of the Forum and State President Jamaat-E-Islami Hind, Mr. Imamuddeen Contractor, Mr. Mujahid Ali Naqvi Advocate of AI Milli Council, Mr. Abdul Lateef Arco President Mansoori Panchayat and Mr. Nazimuddeeen State Secretary JIH Rajasthan. Recently in one of its decisions, the Supreme Court Of India has withhold the decision of Rajasthan High court, justifying the termination of a Rajasthan Police Constable Mr. Liyaqat Ali because he married second time in presence of his first wife. The members expressed their concern, as the decision has hurt the religious sentiments of the Muslims. “We feel that the fundamental right of freedom of practicing religion has been hurt by this decision,” said Engineer Muhammad Saleem, Member of the Forum and State President Jamaat-E-Islami Hind. It has been mentioned that the supreme court has given this decision in view of Service Rules of Government of Rajasthan 1971, 25 (1) in which any Government servant is not allowed to marry second time in presence of his first wife.
Mr. Saleem said that the service rules cannot be above the provisions and rights assured to citizens by the constitution of India and therefore a government servant who is Muslim or from any other community having their personal laws, in matters of marriage, divorce and inheritance will be ruled by their respective personal laws. Though it is understood that all the rules will have to fulfill the requirements and spirit of the constitution, the state Governments should make it explicit in their service rules to leave no space for any confusion and misuse, he added. This decision has created apprehensions among the Muslim community about protection of their fundamental rights and their personal laws.
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