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ENS | Madurai | June 13, 2017:: The Madurai Bench of the Madras HC condemned the TN Jamathul Ulama Sabha, Jamaath of Theni district, for issuing a fatwa against the secular court judges and calling them kafir, and for stating that they would not let them pass any orders against the so-called orders passed by it (Jamaath).
Justice P N Prakash observed that “the Fatwa was denigrating the judiciary and indeed disturbing. If Jamaaths are going to replace the existing secular courts, the first casualty will be the advocates. One of the blackest days in the annals of the judiciary was on August 8, 2016, when the fundamentalists killed 54 lawyers in Pakistan’s Quetta district.”
In two petitions, Babu alias Mydeen Batcha of Bodinayakkanur and his family said that he was married to A Naseema on October 28, 2007, and that due to differences, their marriage ran into rough weather. Naseema lodged a complaint against Babu and his family for alleged harassment with the Bodinayakkanur All Women Police in 2009.
But after the elders in the community intervened, the couple decided to bury their differences amicably. Naseema gave a statement before the Uthamapalayam Judicial Magistrate court, where the case was pending, saying that she was willing to withdraw the case, and the All Women Police closed the case.
However, Batcha pronounced the Triple Talaq against her and issued an advocate’s notice within a few days. Naseema filed a decree before the Theni Sub Court asking it to declare the Triple Talaq as null and void. The trial court awarded the decree in her favour only to reverse the order, and Naseema appealed at the HC. The HC granted a stay on the trial court order (which was in favour of Batcha).
Naseema had also filed a private complaint before the Bodinayakkanur JM Court against him and eight family members claiming that they had allegedly cheated her after convincing her to withdraw the FIR, said Batcha. Batcha also said that the Bodi JM M Amirthavel had been biased against him and had issued non-bailable warrants against him unnecessarily. Justice P N Prakash said the court had found prima facie evidence only against Batcha and his parents.