AIR 2000 KERALA 329 ::2000 (2) KerLT 216 ::(2000) ILR(ker) 3 KER 99

Kerala High Court

Hon'ble Judge(s): K. A. Abdul Gafoor , J

(A) Civil P.C. (5 of 1908) , S.9— Jurisdiction of Civil Court - Making religious discourse in vernacular in a mosque - Is a matter affecting right to worship of parties - Would also affect civil rights of parties - Hence is a dispute of civil nature that can be adjudicated by a Civil Court. Constitution of India , Art.25— In the instant case, the dispute raised in the suit is as to whether religious discourse called 'Khatuba' in a mosque in connection with the juma pryer on Friday can also be in vernacular alone with its essential ingredients in Arabic. This being a matter affecting the right to worship will certainly affect the civil rights of the parties and is therefore, a dispute of civil nature. The right to worship according to one's belief is a right available to any individual and therefore, if the manner in which such right is exercised is interfered with by any other person or group, necessarily, it will give rise to a dispute of civil nature which can be adjudicated by a Civil Court by entertaining a suit. The freedom guaranteed in Art. 25 to practise religion is exercised primarily with religious worship, ritual and observation and religious practices are as much a part of religion as religious faith or doctrine. Therefore, the finding that the suit as framed was maintainable cannot be said to be incorrect.(Para 1 ....