Supreme Court of India · 2004-12-17
CENTRAL BOARD OF DAWOOODI BOHRA COMMUNITY vs THE STATE OF MAHARASHTRA
- Citation / case number
- SC 1986/65986
- Court
- Supreme Court of India
- Petitioner
- CENTRAL BOARD OF DAWOOODI BOHRA COMMUNITY
- Respondent
- THE STATE OF MAHARASHTRA
- Author
- HON'BLE MR. JUSTICE ABHAY S. OKA
- Bench
- CJI R.C.LAHOTI,SHIVARAJ V.PATIL,K.G.BALAKRISHNAN,B.N.SRIKRISHNA
Judgment text excerpt
The Supreme Court addressed the constitutional validity of the Bombay Protection of Ex-communication Act, 1949, under Articles 25 and 26 of the Constitution of India. The Court reaffirmed its earlier decision in Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, holding that the Act, which invalidates ex-communication, violates the community's right to manage its religious affairs. The Court maintained that the Ex-communication Act is void, thus upholding the rights of the Dawoodi Bohra community.