The division bench of Justice VM Kanade and Justice Revati Mohite Dere made the observation after hearing the arguments of the parties concerned.
The Durgah Board said that the sanctum sanctorum of the durgah houses the grave of a male saint and in Islam it is sin for women to touch male saint, and hence, women are barred from touching the tomb.
Petitioner Raju More, however, contended that as per Haji Ali's website, no one is buried inside the tomb, hence, it is not a graveyard of a saint.

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