Advocate Raju Moray was referring to the Trust's additional affidavit submitted in court on Monday.
Following the Haji Ali Dargah Trust's decision to grant access to the shrine's sanctum sanctorum on Monday, Advocate Raju Moray said that the trust had bypassed the Bombay High Court's order instead of implementing it.
Moray, who argued the case in the High Court for petitioners Noorjehan Niaz and Zakia Soman, said, "Not allowing access to men in order to bring them on par with women is not the same as allowing access to women on par with men, and it certainly cannot be termed as 'restoration of the status quo ante' as directed by the High Court on August 26. The High Court order is thus being bypassed rather than implemented."
Moray was referring to the Trust's additional affidavit submitted in the Supreme Court on Monday. The affidavit says that now, both men and women would not be allowed to touch the mazhar (mausoleum) in the sanctum sanctorum of the shrine. Only the khadims of the shrine would have permission to touch it.
"The Trust's idea of 'gender justice' is obviously different from ours, though technically it may be in consonance with the Constitutional right to equality," Moray added.
The shrine's Trust on Monday told the Supreme Court that women will be granted access to the sanctum sanctorum of the Haji Ali in Mumbai on par with men, and sought four weeks to make the requisite infrastructural changes.
Senior advocate Gopal Subramanium, appearing for the trust, said an additional affidavit had been filed on behalf of the Dargah trust, saying it was willing to allow women inside the shrine.
A bench comprising Chief Justice TS Thakur and Justices DY Chandrachud and L Nageswara Rao granted time asked for to the trust and disposed off its appeal against the Bombay High Court order asking it to give equal access to women also.
Background
The Bombay High Court had allowed a PIL filed by two women, Zakia Soman and Noorjehan Niaz, from NGO Bharatiya Muslim Mahila Andolan, challenging the ban on women's entry into the sanctum sanctorum of the dargah from 2012.
The High Court on August 26 had held that the ban imposed by the Trust on women from entering the sanctum sanctorum of the Haji Ali Dargah, contravened Articles 14, 15 and 25 of the Constitution and said women should be permitted to enter the sanctum sanctorum like men.
The Trust moved the apex court challenging the Bombay High Court order lifting the ban on women from entering the sanctum sanctorum of the renowned Muslim shrine in South Mumbai.
The apex court, on October 17, had extended the stay granted by Bombay High Court to facilitate an appeal against its decision to lift the ban on entry of women near the sanctum sanctorum of the Dargah in Mumbai.
With inputs from Mustafa Plumber and PTI.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Haji Ali verdict")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}