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
July 22,2020

New Delhi, Jul 22: Rajya Sabha Chairman M Venkaiah Naidu on Wednesday urged the newly elected members of the House to uphold rules and procedures of the House while discharging their duties as the lawmakers for the country.

"In his remarks at the end of the administration of oath/affirmation to the new members of Rajya Sabha in the Chamber of the House today, Shri Naidu urged them to hold themselves to account with regard to their conduct both within and outside the House, so as to enhance the standing of the institution in the eyes of the people," read a press note.

The note further read that Naidu suggested the members to "question themselves if they had acted to enhance the dignity of the institution or to the contrary at the end of each day during the session and if their conduct was ethical during the inter-session period".

He said, "Answers to these simple questions would guide you on the right path."

He further stressed, "Ensuring rule of law is the spirit of our law of the land (Constitution). It shall begin with your compliance with the rules and procedures of this House."

Of the 61 members elected to Rajya Sabha from 20 States in the recent biennial and bye-polls, 45 made oath/affirmation today including 36 who have been elected for the first time. 12 sitting members have been re-elected which include Sharad Pawar, Digvijaya Singh, Bhubaneswar Kalita, Prem Chand Gupta, Harivansh and Ramdas Athawale, who took oath today.

Those elected for the first time to Rajya Sabha include Mallikarjun Kharge, Jyotiraditya M Scindia and KC Venugopal who have vast legislative experience and taken oath today. Those members who could not make oath/affirmation will do so during the ensuing Monsoon Session.

"Members including three women made oath/affirmation in 10 languages viz., Telugu, Bodo, Kannada, Manipuri, Marathi, Oriya, Tamil, Bengali, Hindi and English," the note read further.

"Today's oath-taking has been organized to enable the newly elected members to participate in the committee meetings which are underway at once and in the monsoon session which is to follow. I hope to nominate all of you on different committees in a day or two. #RajyaSabha," the Vice President's official handle tweeted earlier on Wednesday.

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News Network
March 16,2020

Mar 16: An investigation into Coffee Day Enterprises Ltd., initiated by its board after the death of founder V.G. Siddhartha, is likely to conclude that at least Rs 2,000 crore is missing from its accounts, according to people familiar with the matter.

The months-long probe following the suicide of Siddhartha in July examined the financial transactions of India’s largest coffee chain and its dealings with dozens of private companies owned by the entrepreneur. The draft report, running more than a hundred pages, points to thousands of rupees that have gone missing, said the people, asking not to be named because the details aren’t public. It also details hundreds of transactions between the founder’s listed and personal businesses that were not conducted at arm’s length, they said.

Though the report is in its final stages, the precise details could change before its release, expected as early as this week, the people said. The missing funds could total more than Rs 2500 crore, one person said.

“The investigation report is still a work in progress, and not finalized,” a spokesman for the company said. “The board of directors and the company are unaware of its content at this point of time. Hence it would be premature to speculate on the investigation findings.”

The priority for management and Siddhartha’s family “is to keep the business running in a challenging environment and meet all stakeholder commitments, including 30,000 jobs associated with the group,” the spokesman added.

The disappearance of the 59-year-old founder last year stunned India’s business community. He had last been seen telling his driver he was going for an evening walk along a bridge in southern India; his body was found by local fishermen two days later. A letter delivered to Coffee Day’s board and employees, which appeared to be signed by Siddhartha, described massive debts and complained of pressure from lenders and tax authorities. It claimed he bore sole responsibility for the company’s financial transactions.

The probe began about a month later when the company brought in Ashok Kumar Malhotra, a retired senior official from India’s federal enforcement agency, to investigate. A senior lawyer practicing in India’s top court is assisting, the company said in a regulatory filing at the time.

The publicly traded Coffee Day was supposed to be India’s answer to Starbucks Corp. More than 1,500 of its Café Coffee Day outlets blanketed cities and highways, with affordable options for the country’s aspiring middle classes. The chain’s tagline: “A lot can happen over coffee.”

But the empire has been battered since the founder’s death. Its shares plummeted about 90% and its market value dropped to about $80 million. Trading was suspended in February.

India’s regulators are tracking the situation and may use the company’s final report as part of a deeper dive into its internal affairs, the people said. Coffee Day showed about Rs 2400 crore in cash and cash equivalents on its balance sheet as of March 2019, the most recent figures the company has issued.

After the death of Siddhartha however, the company faced a severe liquidity crunch and had “zero cash in the bank,” according to one of the people. It struggled with day-to-day expenses and paying salaries has been a strain, the person said.

The draft report details personal guarantees by Siddhartha for loans taken by Coffee Day, and his unsecured loans at high interest rates from local money lenders, the people said. It also probes Coffee Day’s defaults to coffee growers and other vendors, they said.

A related issue is that coffee estates owned by Siddhartha and several employees had been used as collateral for bank loans. The report found that valuations for properties were inflated to get the loans, one person said.

Investigators have examined several theories about what happened to the company’s money, including whether Coffee Day was manipulating its finances to show cash and profit and whether Siddhartha was taking cash out of the listed company to pay off a large investor to whom he had guaranteed a return, the person said. From the filings of his listed and private companies, the entrepreneur’s loans had totaled more than Rs 10,000 crore, and he had been squeezed by borrowing to repay interest on earlier loans, the person said.

In the letter purportedly from Siddhartha, the entrepreneur said he had tried his best but failed as an entrepreneur. “I am solely responsible for all mistakes,” the letter read. “Every financial transaction is my responsibility. My team, auditors and senior management are totally unaware of all my transactions. The law should hold me and only me accountable, as I have withheld this information from everybody including my family.”

As the report nears release, Coffee Day is finalizing a deal with Blackstone Group Inc. for real estate assets. A large tranche of the payment is due in about a week, one person said.

Coffee Day said it is working to reduce its debt load by divesting non-core enterprises.

“The aim is to save employment and preserve this iconic Indian brand,” the spokesman said.

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Agencies
July 15,2020

New Delhi, Jul 15: Air India has started the process of identifying employees, based on various factors like efficiency, health and redundancy, who will be sent on compulsory leave without pay (LWP) for up to five years, according to an official order.

The airline's board of directors have authorised its Chairman and Managing Director Rajiv Bansal to send employees on LWP "for six months or for a period of two years extendable upto five years, depending upon the following factors - suitability, efficiency, competence, quality of performance, health of the employee, instance of non-availability of the employee for duty in the past as a result of ill health or otherwise and redundancy", the order said on Tuesday.

The departmental heads in the headquarter as well as regional directors are required to assess each employee "on the above mentioned factors and identify the cases where option of compulsory LWP can be exercised", stated the order dated July 14.

"Names of such employees need to be forwarded to the General Manager (Personnel) in headquarter for obtaining necessary approval of CMD," the order added.

In response to queries regarding this matter, Air India spokesperson said,"We would not like to make any comment on the issue."

Aviation sector has been significantly impacted due to the travel restrictions imposed in India and other countries due to the coronavirus pandemic. All airlines in India have taken cost-cutting measures such as pay cuts, LWP and firings of employees in order to conserve cash flow.

For example, GoAir has put most of its employees on compulsory LWP since April.

India resumed domestic passenger flights from May 25 after a gap of two months due to the coronavirus pandemic.

However, the airlines have been allowed to operate only a maximum of 45 per cent of their pre-COVID domestic flights. Occupancy rate in Indian domestic flights has been around 50-60 per cent since May 25.

Scheduled international passenger flights continue to remain suspended in India since March 23.

The passenger demand for air travel will contract by 49 per cent in 2020 for Indian carriers in comparison to 2019 due to COVID-19 crisis, said global airlines body IATA on Monday.

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