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Haji Ali Dargah Trust v. Dr Noorjehan Safia Niaz And Others
Factual and Procedural Background
The special leave petition (SLP) before the Supreme Court challenged an order dated 26 August 2016 of the High Court of Judicature at Bombay. In that public-interest judgment, the High Court directed the Haji Ali Dargah Trust to restore status quo ante and permit women pilgrims to enter the sanctum sanctorum of the Haji Ali Dargah, Mumbai, on the same footing as men, while also requiring the State and the Trust to ensure women’s safety at the shrine.
During the Supreme Court hearing, the petitioner Trust informed the Court that it had passed a resolution on 11 October 2016 agreeing to comply fully with the High Court’s directives. Consequently, the Supreme Court was asked to dispose of the petition with directions fixing a timeline for implementation.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
Petitioner Trust
- Informed the Court of a resolution dated 11 October 2016 agreeing to permit women to enter the sanctum sanctorum on par with men.
- Requested approximately two weeks to remove physical obstructions and four months to relay flooring and complete related works.
- Sought disposal of the SLP with directions that reflect the Trust’s commitment and timeline.
- Asked that the Trust’s reservations about certain High Court observations on the scope of Article 26 of the Constitution be recorded and left open for consideration in a future case.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The Supreme Court noted the Trust’s unequivocal commitment, evidenced by its 11 October 2016 resolution, to comply with the High Court’s order allowing women equal access to the sanctum sanctorum. Given this concession, the Court considered a detailed examination of the constitutional questions unnecessary in the present proceeding. Instead, the bench focused on ensuring effective and timely implementation of the High Court’s directions. The Court allowed the practical timelines requested—two weeks to remove obstructions and four months to complete flooring work—while protecting the rights of the original writ petitioners to seek enforcement from the High Court should the Trust default. It expressly recorded that broader constitutional issues under Article 26 remain open for consideration in an appropriate future case.
Holding and Implications
DISPOSED OF – The Supreme Court disposed of the special leave petition, granting the petitioner Trust:
- Two weeks to restore status quo ante by permitting women pilgrims to enter the sanctum sanctorum on par with men.
- Up to four months to relay flooring and complete associated works.
Should the Trust fail to comply, the respondent-writ petitioners may approach the High Court for redress. All interim directions stand vacated and no costs were awarded. The decision secures immediate equal access for women at the Haji Ali Dargah but sets no new precedent on Article 26, leaving larger constitutional questions to be addressed in a future case.
Order
1. Heard. This special leave petition arises out of an order dated 26-8-2016 2016 SCC OnLine Bom 5394 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, on a par with men. 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.
2. 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 on a par with men but passed a specific resolution to that effect on 11-10-2016. 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.
3. 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 on a 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 respondent-writ petitioners shall be free to approach the High Court for appropriate redress in the matter.
4. The additional affidavit filed by the petitioner Trust in the Court, is taken on record. Interim directions shall stand vacated. No costs.
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