Coronation of next Naib Imam not legal, says High Court

November 21, 2014

Naib ImamNew 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
April 20,2020

London, Apr 20 : Embattled liquor baron Vijay Mallya, who is wanted in India on alleged fraud and money laundering charges amounting to an estimated ₹9,000 crore, today lost a High Court appeal in UK against his extradition order to India.

A consortium of Indian public sector banks led by the State Bank of India had sought a bankruptcy order against Mallya as part of efforts to recoup around GBP 1.145 billion of unpaid loans from Mallya.

The 64-year-old former Kingfisher Airlines boss had appealed to the High Court against his extradition to India at a hearing in February this year.

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench at the Royal Courts of Justice in London presiding over the appeal, dismissed the appeal in a judgment handed down remotely due to the current coronavirus lockdown.

"We consider that while the scope of the prima facie case found by the SDJ [Senior District Judge] is in some respects wider than that alleged by the Respondent in India [Central Bureau of Investigation (CBI) and Enforcement Directorate (ED)], there is a prima facie case which, in seven important respects, coincides with the allegations in India," the judges ruled.

Earlier this month, the High Court in London had deferred hearings on a plea by the SBI-led consortium of Indian banks, seeking the indebted tycoon to be declared bankrupt to enable them recover their loan from him.

Justice Michael Briggs of the insolvency division of the High Court granted relief to Mallya, ruling that he should be given time till his petitions to the Supreme Court of India and his settlement proposal before the Karnataka High Court be determined, allowing him time to repay his debts to the banks in full.

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News Network
February 28,2020

Hyderabad, Feb 28: The Cyber Crime Police of Hyderabad has registered an FIR against social media platforms- WhatsApp, Twitter and TikTok- for allowing people to spread anti-national activities, as per a complaint filed by one S Srishailam.

Raghuveer, Additional DCP Cyber Crimes said," We have received a court referred complaint, which was filed by S Srisailam in the concerned court stating that social media platforms Whatsapp, Twitter and TikTok are allowing few people to spread anti-national activities and videos."

S Srisailam also claimed that a few people are running a campaign against the CAA on social media platforms to spread hatred which in turn is causing damage to national integrity.

"In this regard, because the complaint was referred by a court a case has been registered against Whatsapp, Twitter & TikTok under the relevant section of Indian Penal Code and IT Act and took up the investigation," the DCP added.

He also added that the police cannot take action against these platforms as they are not banned in India but can initiate action against persons who intentionally indulge in spreading hatred.

"The police are conducting the investigation and if allegations of the complainant are found to be false then we will drop the case. We had received the case one week ago," informed the DCP.

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News Network
July 1,2020

Patna, July 1: A wedding ceremony in rural Patna a fortnight ago where the groom was running high fever, two days before he died and his body cremated without being tested for COVID 19, appears to have set off the biggest infection chain in Bihar so far, health department officials said on Tuesday.

More than 111 people have tested positive in Paliganj sub-division of Patna district, about 55 km from the state capital, in the last few days, out of over 350 who have been tested upon contact tracing, they said. Fifteen of his relatives who attended the wedding tested positive for the contagion and apparently infected others.

The officials, who requested anonymity, said the groom was a software engineer based in Gurugram and had returned home for his marriage in the last week of May. A few days after the ''tilak'' ceremony, he started showing symptoms of the disease.

On June 15, the date of wedding, he was running high fever and wanted the ceremony to be deferred, but relented upon the insistence of family members who made him swallow paracetamol tablets and go through the rituals.
On June 17, his condition deteriorated significantly and family members made a dash to AIIMS, Patna, but he died on the way.

The body was cremated in a huff, without the authorities being informed. But somebody telephoned the district magistrate and narrated the whole episode. All close relatives of the deceased, who attended the ceremony, were tested on June 19. Of them 15 tested positive, the officials said.

As a measure to contain the spread of the disease, a special camp was set up at the village where the marriage took place on June 24-26 during which samples of 364 people were collected. Of them, 86 tested positive, the officials added.

The sudden explosion of the dreaded coronavirus has triggered panic in the area. Although most who tested positive were asymptomatic, they have been admitted to isolation centres in Bihta and Phulwarisharif.

Block Development Officer Chiranjeev Pandey said Meetha Kuan, Khagari Mohalla and parts of Paliganj Bazaar have been sealed for thorough sanitisation.

Patna district happens to be the worst-affected in Bihar with 699 confirmed cases till date and five casualties, according to figures provided by the administration. The number of active cases is 372.

On Monday, when the state witnessed its biggest single day spike with 394 cases, Patna district accounted for more than 20 per cent of these. About eighty cases were reported from Paliganj alone.

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