Waqf board chief seeks to shift blame for mosque demolition to Imam

April 29, 2012

Jaipur, April 29: A contentious ‘fatwa' issued by the Imam of the Gulmandi Jama Masjid in Bhilwara that formed the basis for sale of the century-old roofless mosque at Pur village to Jindal Saw Limited, and its consequent demolition last week, has emerged as the bone of contention between the Rajasthan Waqf Board and its detractors. Muslim groups demanding removal of Waqf Board Chairman Liaqat Ali Khan alleged here on Saturday that the deal with the company, owned by the O. P. Jindal Group, was finalised at the “highest political level” in the State to make way for mining of newly detected iron ore. The mosque was situated atop a hill containing the mineral wealth worth hundreds of crores.

The Rajasthan Mansoori Panchayat and the Naik Pathan Society of Pur have demanded cancellation of the mining lease granted to the company in Bhilwara district. “The political clout [enjoyed] by the Jindal Group in Congress-ruled Rajasthan is too obvious to be ignored. Lured by money, the powerful mining lobby has connived with the State's topmost political leadership to facilitate its hassle-free operations in the mineral-rich areas,” alleged Mansoori Panchayat president Abdul Latif Arco.

Jindal Saw Limited paid Rs. 65 lakh to the Anjuman Committee of Pur in settlement to make way for mining and demolished the mosque on April 19. Mr. Arco said while the company obtained a receipt for Rs.65 lakh from the Anjuman, a “much bigger” amount had allegedly exchanged hands between the company representatives, ruling party leaders and Waqf Board functionaries.

Mr. Khan, who allegedly gave the “green signal” for razing the mosque, has tried to shift the blame to the Imam, Maulana Hafeez-ur-Rehman, saying he had issued a “deceptive” fatwa declaring that the mosque was a cluster of graves which could be shifted. But the structure has been registered as a mosque in the Waqf records as well as in the 1965 State Gazette.

Maulana Hafeez-ur-Rehman, whose name figures in the first information report registered in the case, told The Hindu from Bhilwara that the ancient structure “as a matter of fact comprised old and dilapidated graves” of Muslims who could have been travellers who died during journey. “I visited the hilltop at Pur after getting a written request from the Anjuman for my opinion. I did not find any evidence showing that the structure [once] functioned as a mosque. The platform seemed to be having a bunch of graves under it. The wall on western side showed no indication of religious embellishments.”

The Maulana said that as the “cluster of graves” faced the threat of destruction by mining, he recommended that they be shifted to another place. In his fatwa, he also cited a precedent of 1933, when the Grand Mufti of Iraq recommended the shifting of 1,300-year-old graves of the Prophet's companions, Huzaifah and Jabir-bin-Abdullah, situated on the banks of the Tigris.

The 57-year-old Maulana rejected the criticism by Muslim groups that he, not being a Mufti, was not empowered to issue a juristic ruling concerning the Shariah: “I am well versed in Islamic laws and a large number of people come to me regularly to get my opinion on different subjects. There is nothing unusual about Anjuman approaching me for this.”

Maulana Hafeez-ur-Rehman admitted that he was present at the Pur site when the structure was pulled down. “I wanted to ensure that bones and other remains excavated from graves are treated with respect and are carried away with proper rituals,” he said. However, the Jindal demolition team did not find any such remains.

The district administration has started reconstructing the mosque at its original location after arresting four persons on charges of defiling the place of worship under Section 295 of the Indian Penal Code and recovering the money paid to the Anjuman. The accused include Jindal Saw Limited director, Anjuman functionaries and the driver of the hydraulic machine who demolished the mosque.

A Bhilwara court rejected their bail applications even as the matter was raised in the Assembly on the last day of the Budget session.

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News Network
November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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