On fatwas, the affidavit said these judgments could best be considered the opinion of the Mufti who undergoes special training before his anointment. “The Mufti proceeds on facts submitted to him for his opinion. The Mufti has no power and therefore does not investigate the veracity of the facts submitted to him,” it said, adding the Mufti had no power either to impose his opinion either by way of fine or sending the person to jail.

The Government also sidestepped the controversy over the fatwas issued in the Imrana case, saying, “the case of Imrana has been found not to having been referred to any of the Dar-ul-Waza/ Nizam-e-Qaza”. The affidavit also dodged questions on the fatwas issued in the case of Jyotsna Ara of Assam and Asobi in Haryana, both of whom were raped by their fathers-in-law, saying the petitioner had not made the Muftis who had given the fatwa party to the petition. “In any event, few bad examples may lead to the abolition of a system which otherwise is found useful and effective,” the Centre submitted, requesting the court to reject the PIL.