KOCHI: The

has asked the state government to frame rules for appointing an authority to grant approval for conversion of persons to Islam.

A division bench comprising of justices

and

issued the directive after considering a petition (WP-C No. 6403/2018) filed by 50-year-old Thadevoos alias

of Ilahia Colony in Muvattupuzha through

.

The petitioner, who had converted to Islam from Christianity, had produced before the court a copy of a news report about the dispute over last rites of a man from Thrissur who allegedly converted to Islam from Christianity in 2000. Though he has converted to Islam, he has no records to prove the conversion, the petitioner had argued while seeking the court’s interference.

Further, the petitioner questioned non-framing of rules by the state government for implementing the provisions of

(Shariat) Application Act, 1937. Under section 4 of the Act, the government is obliged to make rules prescribing an authority before whom the declaration under the Act is to be made, the petitioner had contended.

After considering the petition, the court said even though the Act says that the government may make rules, the word ‘may’ should be construed to mean ‘must’ or ‘shall’.

In the judgment, the court said, “The Government though vest with the discretion, are having a duty/obligation to frame rules prescribing the authority before whom and the form in which declaration under the Act shall be made. When that be the position, the failure to make rules is really a matter of concern.”

State government’s counsel informed the court that appropriate rules would be framed within a period of three months. Recording the government’s submission, the court disposed the petition by directing that the rules should be framed within three months.