HC faults Waqf Board for not taking control of Ibadat Khana
Justice Bheemapaka also observed that the board was basically ignoring its duty with regard to protecting the rights of each sub-sect for whom it is dedicated
Hyderabad: Justice Nagesh Bheemapaka of the Telangana High Court on Thursday upbraided the Telangana Waqf Board for not complying with the court orders dated December 23, 2024, directing it to take control of the Ibadat Khana at Darulshifa.
The judge observed that the conduct of the board appeared like it was against the poorer sections of the Muslim community, and was working for the people in authority or those dictating terms to them.
Justice Bheemapaka also observed that the board was basically ignoring its duty with regard to protecting the rights of each sub-sect for whom it is dedicated.
The judge was dealing with a review petition filed by one Mir Hasnain Ali Khan, challenging the orders of the court to take control of the Ibadatkhana.
The court had on December 23, 2024, ordered the board to take control of the Ibadatkhana bearing Municipal No.s 22-2-638, 639, 640, 641, 642, 643, 644, 22-2-645 to 650 and portion of 664, 22-2-664, 22-2-666 and 667, 22-2-636 and 637 and in due course constitute a managing committee taking an equal number of members from both the sects of Shia Imamia Isna Ashari community — Akbhari and Usooli — and stem the rot over the selection of eight persons. The court had also faulted the proceedings issued for the constitution of the 2023 working mutawalli committee of the Ibadatkhana, which had prohibited Shia women from performing religious functions there. Hence, the court had directed the Waqf Board to take control of the establishment and give an opportunity to all sects in the new committee.
In its December 2024 order, the court had also faulted the board’s conduct in allowing one Capt. Syed Hadi Sadiq, self-styled president of the muttawali committee in 2018, to demolish the then existing Ibadatkhana together with the five mulgies attached to it. It was brought to the notice of the court that the Ibadatkhana was demolished but no construction permission was obtained.
On enquiry with the GHMC, it came to light that the then president, along with his associates, had purchased small extents of land in municipal nos 22-2-645 to 650 and portion of 664, 22- 2-664 and other numbers and approached the GHMC for residential permission. Individual permissions were obtained for the small extents of land. It was also brought to the notice of the court that no mulgies were constructed. They were built by the wakifs for the upkeep and maintenance of Ibadat khana.
A review petition was filed by one of the nominated members of the 2023 committee. Senior counsel L. Ravichander, representing him, argued that the court would not have issued a writ with such directions and the issue should have been relegated to the Waqf tribunal in view of the alternative remedy that was available.
He submitted that the Supreme Court, in no uncertain terms, had made it clear that in relation to all Waqf matters, the court of first instance should be the Waqf tribunal and the High Court and the civil court should not straightaway entertain the petition.
The judge was not satisfied with the arguments.
Faulting the conduct of the board in delaying compliance with the court orders, Justice Bheemapaka cited excerpts from the Quran especially Jasmal Ul Quran, Surah 2; Al-Baqarah Section 25, and recalled the saying of Allah “Whoever usurps the land of somebody unjustly, his neck will be encircled with it down the seven earths.”