Coronation of next Naib Imam not legal, says High Court

November 21, 2014

Naib Imam
New Delhi, Nov 21: The Delhi High Court today said the ceremony (dastarbandi) to anoint Shahi Imam Maulana Syed Ahmed Bukhari's son as the Naib Imam of Jama Masjid "would not amount to an appointment".

A bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw made the observation after taking into account the contentions of the Centre, Delhi Wakf Board and petitioners, who have challenged the ceremony, adding that in such a situation there is no need to stay the function.

The court also noted that under the Wakf Act, 1995, the law only "provides for a mutawalli (manager) of a wakf and contains no provision for appointment of Imams of Wakf properties, even if a masjid".

"We are of the opinion, that in the face of the contentions of the petitioners that Maulana Syed Ahmed Bukhari has no right in law or otherwise to anoint his son as the Naib Imam and which is supported by the Delhi Wakf board...

"...the anointment ceremony (Dastarbandi) scheduled on November 22, 2014, even if not stayed, would not amount to anointment/appointment of the said son of Maulana Syed Ahmed Bukhari as the Naib Imam of the Jama Masjid. We, therefore, do not feel any need to pass any ad-interim order restraining the same," the bench said.

The court also did not restrain Bukhari from holding the ceremony at Jama Masjid, as sought by the petitioners, saying he and his family have been using the same as their residence for the last several years.

"However, we clarify that the ceremony so held and the anointment made therein of the youngest son of Maulana Syed Ahmed Bukhari or any other person as the Naib Imam of the Jama Masjid shall be subject to further orders in this petition and shall not vest/ create any rights or special equities in favour of any person," the court said.

It also issued notice and sought responses of the Archaeological Survey of India, Delhi government, DDA, MCD, city police, Wakf Board, CBI as well as Bukhari by the next date of hearing on January 28, 2015.

The bench also noted that "no answer is forthcoming" from the Wakf Board as to why it "has not exercised any rights or supervision over the Jama Masjid" or why it has "allowed Maulana Syed Ahmed Bukhari to appropriate all earnings from the said Masjid and also not taken any action for accounts thereof being not rendered inspite of court directions".

The court's order came on three PILs challenging the Shahi Imam's decision to appoint his son as the Naib Imam.

Yesterday, during arguments on the three petitions, the Centre and the Wakf Board had submitted before the court that the ceremony by Jama Masjid Shahi Imam anointing his son as his deputy and successor has no legal sanctity.

The Board, in its response to the court's query as to what was their legal position on the issue, had also said that it would be holding a meeting soon and action will be taken against Bukhari for what he has done.

Earlier, the Centre had said that the Mughal-era mosque Jama Masjid is a Wakf property and it has to decide how the rule of primogeniture applies on anointment of new Shahi Imam, which has come under challenge.

ASI had also requested the court to declare the city's Jama Masjid as an ancient monument because of its national importance while contending that it needs to be protected.

The PILs filed by Suhail Ahmed Khan, Ajay Gautam and advocate V K Anand had said Jama Masjid is a property of Delhi Wakf Board and Bukhari as its employee cannot appoint his son as Naib Imam (deputy Imam).

The petitions had said Shahi Imam had announced on October 30 that his 19-year-old son would succeed him as the next Shahi Imam and the ceremony of 'Dastarbandi' would be held on November 22.

The pleas had alleged that the Shahi Imam was a public post and not the "personal property" of Syed Ahmed Bukhari and IMAMAT (the position of a divinely-appointed leader) is not transferable.

The PILs had also asked the court to declare as invalid the appointment of Bukhari as the Shahi Imam of Jama Masjid and had also sought directions for Delhi Wakf Board to take over the affairs of Jama Masjid and appoint a new Shahi Imam.

Bukhari had recently sparked a controversy by announcing that he has invited Pakistan Prime Minister Nawaz Sharif for the ceremony for anointing his son as the deputy Imam but did not invite Prime Minister Narendra Modi.

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News Network
March 16,2024

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New Delhi: The 2024 general election for 543 Lok Sabha seats will be held in seven phases from April 19, Chief Election Commissioner Rajeev Kumar said today, announcing the largest democratic exercise in the world. Results will be announced on June 4.

The seven phases: 
April 19
April 26
May 7
May 13
May 20
May 25
June 1

Simultaneous election for Lok Sabha and assembly will be held in four states -- Sikkim, Odisha, Arunachal Pradesh and Andhra.  

By-elections will also be held for 26 assembly seats across multiple states, including Bihar, Gujarat, Haryana, Jharkhand, Maharashtra, Rajasthan and Tamil Nadu.

Mr Kumar, announcing the dates, sent out a strong message on fake news on social media, saying political parties should ensure responsible social media behaviour -- "verify before you amplify".

"Fake news will be dealt with severely as per existent laws.. Section 79 (3)(B) of the IT Act empowers nodal officers in each state to remove unlawful content," he said.

The other strong message was on violation of model code in terms of hate speeches. "There should be issue-based campaign, no hate speeches, no speeches along caste or religious lines, no criticism of anyone's personal lives," he said.

The media must clarify when they carry political adverts, those cannot masquerade as news, he said. Individual messages regarding this would be sent to the candidates, he added.

The commission has employed 2,100 advisors to keep an eye on these issues and strong action will be taken regarding this, he said.

Voters above the age of 85 years and persons with disabilities, with 40 per cent disability can vote from home, Mr Kumar said. Around 82 lakh voter are above the age of 85, he said.

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News Network
March 15,2024

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New Delhi, Mar 13: The Supreme Court on Friday took exception to the State Bank of India (SBI) for not disclosing complete details of Electoral Bonds, including unique alfa numeric numbers, furnished to the Election Commission for uploading on the website.

A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud issued notice to the SBI seeking its response on Monday after the court was informed that the issuing bank for the Electoral Bonds has not disclosed unique alfa numeric number of each bond.

"They have not disclosed the bond numbers. It has to be disclosed by the State Bank of India. All details have to be provided by the SBI," the bench, also comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, noted.

Senior advocate Kapil Sibal said as per the Constitution bench judgment of February 15, 2024, all details were to be disclosed.

Solicitor General Tushar Mehta submitted since the SBI was a party to the judgment, notice may be issued to it.

The court said the counsel for SBI should have been here.

"If you see the judgment, we have specified that bond numbers have to be provided," the bench said.

Advocate Prashant Bhushan appeared for the main petitioner Association for Democratic Reforms (ADR).

On an application by the EC, the bench said the details of Electoral Bonds furnished by the poll panel before the top court should be scanned and returned to it for the purpose of uploading on the website.

The Election Commission through advocate Amit Sharma filed a plea in the Supreme Court seeking a direction to release data on electoral bonds furnished to the top court in terms of previous orders of April 12, 2019 and November 2, 2023.

As per March 11, 2024 order, the Election Commission on Thursday uploaded the data on electoral bonds furnished to it by the SBI.

However, in an application, the poll panel said it had furnished to the Supreme Court a number of sealed envelopes, containing details on EBs encashed by the political parties, during the course of hearing in the matter.

It sought a direction for the return of those sealed envelopes to comply with the directions to upload it on the website as per order of March 11.

On Monday, the Supreme Court had told the SBI to furnish details of purchasers of Electoral Bonds and names of political parties redeemed those instruments by March 12 to the Election Commission, rejecting its plea for extension of time until June 30 for the purpose.

It had then directed the Election Commission to publish the information provided by the SBI on its website on March 15.

In its February 15, 2024 judgment, the SC had declared the Electoral Bonds scheme, introduced in 2018 for donation to political parties, as "unconstitutional" for being violative of the right to information.

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News Network
March 26,2024

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Hyderabad: The K Chandrashekar Rao-led Bharat Rashtra Samithi faces big questions as shocking allegations of state police officers tapping the phones of then Opposition leaders in Telangana, including current Chief Minister Revanth Reddy, celebrities and businessmen come to the fore.

The surveillance, it is alleged, was also used to blackmail businessmen into contributing huge amounts to the BRS party fund.

The BRS is yet to respond to the allegations.

Three senior police officers have been arrested in this connection and a lookout notice issued against T Prabhakar Rao, former chief of the state intelligence bureau, who is reportedly in the US now.

Police have said two senior officers - Additional Superintendent of Police Bhujanga Rao and Additional Superintendent of Police Thirupathanna - have admitted to illegal surveillance and destruction of evidence.

According to reports, Ravi Paul, a technical consultant with the state intelligence bureau under the then BRS government, had allegedly helped import and set up phone-tapping equipment near the residence of Mr Reddy to listen in on his conversations.

The equipment, it is alleged, was imported from Israel using a software company as the front. No permission from the Centre - a must for such imports - was taken, it is learnt. With this setup, anything spoken within a range of 300 metres could be heard, reports say.

Ravi Paul, it is alleged, set up an office near Mr Reddy's residence and installed the device. Police are set to question him in this connection.

Lookout notices have also been issued for Sharvan Rao, who runs a Telugu TV channel I News, and Radha Kishan Rao, a police officer with the city task force.

The surveillance was not restricted to Opposition leaders. Top businessmen, including real estate dealers and jewellers, and celebrities were also under surveillance. In fact, the tapping of phone conversations led to the divorce of a celebrity couple, reports say.

To add to the BRS's troubles, Chief Minister Reddy has received a complaint from Sharan Chaudhary, a businessman and a BJP leader, alleging that senior police officers kidnapped him last year and forced him to sign off a plot of land to a relative of former minister and BRS leader Errabelli Dayakar Rao.

Mr Chaudhury has alleged that Radha Kishan Rao and senior police officer ACP Umamaheswara Rao kidnapped him on August 21 while he was on his way to office. He has alleged that he was illegally detained and forced to register his property in the name of Vijay, a close relative of the minister. He was also forced to pay ₹ 50 lakh before they let him go.

The businessman has said he had approached the High Court after the incident, but Uma Maheshwar Rao threatened to file false cases against him and forced him to withdraw the petition.

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