The Delhi High Court on Friday said the ceremony to anoint Shahi Imam Maulana Syed Ahmed Bukhari’s son as the Naib Imam of Jama Masjid “would not amount to an appointment”.
legal experts said the order of the High Court is clear that even if Bukhari goes ahead with the anointment ceremony of his son Shaban Bukhari on the appointed day, the same can be challenged as it does not have any legal sanctity.
A Bench, headed by Chief Justice G Rohini and consisting of Justice Rajiv Sahai Endlaw, made the observation after taking into account the contentions of the Centre, Delhi Waqf Board and petitioners, who have challenged the ceremony, adding that in such a situation there is no need to stay the function.
The Bench also issued a notice and sought responses of the Archaeological Survey of India (ASI), Delhi Government, DDA, MCD, Delhi Police, Waqf Board, as well as Bukhari by the next date of hearing on January 28, 2015.
The court also noted that under the Waqf Act, 1995, the law only “provides for a mutawalli (manager) of a Waqf and contains no provision for appointment of imams for Waqf properties, even if it is a mosque”.
“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 Waqf Board, the anointment ceremony (dastarbandi) scheduled for November 22, 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 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.
The Bench also noted that “no answer is forthcoming” from the Waqf Board as to why it “has not exercised any rights or supervision over Jama Masjid” or why it has “allowed Bukhari to appropriate all earnings from the said mosque and also not taken any action for accounts thereof not being rendered in spite of court directions”.
The court’s order came on three PIls challenging Bukhari’s decision to appoint his son as the Naib Imam. During arguments on Thursday, the three petitioners, the Centre and the Waqf Board had submitted before the court that the ceremony by the 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 would be taken against Bukhari for what he has done. Earlier, the Centre had said that the Mughal-era mosque is a Waqf property and it has to decide how the rule of primogeniture applies on anointment of a new Shahi Imam, which has come under challenge. The ASI had also requested the court to declare Jama Masjid 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 VK Anand had said Jama Masjid is a property of the Delhi Waqf Board and Bukhari as its employee cannot appoint his son as Naib Imam.
The pleas had alleged that the Shahi Imam was a public post and not the “personal property” of 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 Waqf 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 had invited Pakistani Prime Minister Nawaz Sharif for the dastarbandi of his son but did not invite Prime Minister Narendra Modi.