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
February 14,2020

Washington, Feb 14: The United States has called for making Jamaat-ud-Dawa (JuD) chief Hafiz Saeed accountable for his involvement in the planning of "numerous acts of terrorism, including 2008 Mumbai attacks". "We continue to call for Hafiz Saeed to be held accountable for his involvement in the planning of numerous acts of terrorism, including 2008 Mumbai attacks that killed 166 innocent people, including 6 Americans," US State Department spokesperson said on Thursday (February 13, 2020).

US State Department spokesperson said this while commenting on the Saeed`s conviction in terror financing cases.

The spokesperson said Hafiz Saeed`s conviction on terror financing is a step towards curtailing the operation of a terrorist group that threatens peace and stability in South Asia.

"We urge Pakistan to continue to take appropriate legal action against individuals who commit acts of terrorism, raise funds for, or advocate for terrorism," the official said.

On Wednesday, Alice Wells, Principal Deputy Assistant Secretary of US for South and Central Asian Affairs had termed the conviction of 26/11 Mumbai terror attack mastermind Hafiz Saeed as an "important step forward" towards holding terrorist organisation LeT "accountable for its crimes".

"Today`s conviction of Hafiz Saeed and his associate is an important step forward - both toward holding LeT accountable for its crimes and for #Pakistan in meeting its international commitments to combat terrorist financing," she tweeted.

"And as @ImranKhanPTI has said, it is in the interest of #Pakistan`s future that it not allow non-state actors to operate from its soil," she said in another tweet.

An anti-terrorism court in Lahore, Pakistan on Wednesday sentenced Mumbai terror attack mastermind and chief of the banned Jamaat-ud -Dawa (JuD) Hafiz Saeed to five-and-a-half years in prison each in two terror financing cases.

Pakistan based Dawn reported that he was slapped with a prison sentence of five-and-a-half years and a fine of Rs15,000 in each case and the sentences of both cases will run concurrently.

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News Network
January 6,2020

Jan 6: India’s Finance Ministry has delivered a challenge to its revenue collectors: meet tax targets despite $20 billion of corporate tax cuts.

Through a video conference on Dec. 16, officials were exhorted to meet the direct tax mop-up target of 13.4 trillion rupees ($187 billion), a government official told reporters. Collection in the eight months to November grew at 5% from a year earlier, against the desired 17%.

The missive shows Prime Minister Narendra Modi’s urgent need to buoy public finances in a slowing economy where April-November tax collections were half the amount budgeted. Authorities withheld some payments to states and have capped ministries’ expenditure as the fiscal deficit ballooned beyond the target.

The government’s efforts to maintain its deficit goal goes against advice from some quarters, including central bank Governor Shaktikanta Das, who urged more spending to spur economic growth.

It’s uncertain though how much room Modi’s administration has to boost expenditure, given that it may already be borrowing as much as 540 billion rupees through state-run companies, a figure that isn’t reflected on the federal balance sheet. Uncertainty about public finances pushed up sovereign yields in November and December, compelling Das to announce unconventional policies to keep costs in check.

“This is not a time to conceal the fiscal deficit by off-budget borrowing or deferring payments,” said Indira Rajaraman, an economist and a former member of the Reserve Bank of India’s board. “If they were to stick to the target, that would be catastrophic because there is so much pump-priming that is needed right now.”

GDP grew 4.5% in the quarter ended September, the slowest pace in more than six years as both consumption and investments cooled in Asia’s third-largest economy. Only government spending supported the expansion, piling pressure on Modi to keep stimulating.

S&P Global Ratings warned in December it may downgrade India’s sovereign ratings if economic growth doesn’t recover. Government support seems to be waning now, with ministries asked to cap spending in the final quarter of the financial year at 25% of the amount budgeted rather than 33% allowed earlier. This new rule will hamstring sectors including agriculture, aviation and coal, where not even half of annual targets have been disbursed.

As the federal government runs short of money, it’s been delaying payouts to state administrations.

Private hospitals have threatened to suspend cash-less services to government employees over non-payment of dues, while a builder informed the stock exchange about delayed rental payments from no less than the tax office itself.

India is considering a litigation-settlement plan that will allow companies to exit lingering tax disputes by paying a portion of the money demanded by the government, the Economic Times newspaper reported Saturday.

The move will help improve the ease of doing business besides unlocking a part of the almost 8 trillion rupees ($111 billion) caught up in these disputes. The step, which is being considered as part of the annual budget, could also bridge India’s fiscal gap.

Finance Minister Nirmala Sitharaman has refused to comment on the deficit goal before the official budget presentation due Feb. 1.

A deviation from target, if any, “will need to be balanced with a credible consolidation plan further-out,” said Radhika Rao, an economist at DBS Group Holdings Ltd. in Singapore.

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Agencies
June 5,2020

Jodhpur, Jun 5: A video has gone viral on social media showing what could be called Jodhpur's George Floyd moment with a twist, showing cops throwing a person on the ground and pressing his neck with their knees for roaming around without a mask.

However, unlike the unfortunate incident in Minneapolis, Minnesota, the cops in Jodhpur reportedly acted after the person, said to be mentally challenged, turned violent after being confronted by the police.

Dumb TV media is playing the initial part of this video as 'India's George Flyod moment'. Doesn't matter to them that the same video shows the man beating the cops back badly pic.twitter.com/vGSaON6oii

— Swati Goel Sharma (@swati_gs) June 5, 2020

George Floyd, a 46-year-old black man, died after being arrested by the police outside a shop in Minneapolis in the US on May 25. Footage showed a white officer, Derek Chauvin, kneeling on Floyd's neck for several minutes while he was pinned to the floor. He was pronounced dead later in the hospital, triggering widespread protests across the US.

However, in the Jodhpur incident, the man, identifed as Mukesh Kumar Prajapat, did not die but instead started fighting with the policemen.

Jodhpur police officers confirmed that the video was shot in the city on Thursday after the police wanted to issue a challan against the man for roaming on the streets without wearing a mask before he started manhandling the police.

The video shows a cop pressing his neck with his knee while two other cops held the young man's legs. A huge crowd gathered when the scuffle broke out.

Meanwhile, the SHO of Dev Nagar police station, Somkaran, said that the police were issuing a challan to Prajapat when he attacked them and tore their uniform. An FIR has been lodged against Prajapat on a complaint lodged by the Pratap Nagar police station. He will be produced in the court later in the day.

Prajapat is said to be mentally challenged and had damaged his father's eye earlier for which a case was registered against him, the poice said. Action is being initiated against Prajapat under the Epidemic Act, they added.

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