Pasha: on the first issue, [refers to the written submissions] what was originally crafted as an explanation[referring to article 25(2)]. i have gone through all denomination, the conversion from explanation to sub-clause was without any debate. it was merely renumbered at latter stage.
Pasha: i will answer when i address religious denomination. when Giri made an argument that place of worship can't be separated from religious denomination. to don't take the faith as you find it, and you have object, then what is the faith for you? the right of persons under article 25 subservient then it makes a mockery. the place of worship is nothing but a belief system.
a person who doesn't share the belief has no constitutional entitlement to enter.
Pasha: if you read the books, there are emphasis of following the practices of islam. a religious faith which has a right to passage is very much a denomination for the purpose of article 26.
J Amanullah: you are keeping it at higher pedestral, you say dargahs are a sufi type of denomination?
Pasha: the dargah is a place where saint is buried. while there is sharp division in islam about saints, but there is a lot of attachment to the place where saint is burried. Solicitor said its not a religious denomination because everyone goes to the Dargah.
devaru has held the mere fact of other persons, adherence are allowed doesn't take away the right of the religious denomination
Pasha: the reason we are constrained to file intervention because a writ petition came to be filed in Delhi HC. The petitioner was a law student, happeneding to visit Nizamuddin Dargah and was stopped to entering from Sactrum and said that it was violation of her sabarimala right.
Advocate Nizam Pasha to begin.
Sr Adv Shamshad: there is another petition pending. so the affidavit will have to be considered.