Delhi High Court
Hum Aap Ke (Ngo) Regd. & Ors. vs Union Of India And Another on 9 July, 2008
Author: Ajit Prakash Shah
Bench: Chief Justice, S.Muralidhar
* HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.15453-55/2006
Hum Aap Ke (NGO) Regd. & Ors. ..... Petitioners
Through Dr.Manmohan Sharma, Advocate
versus
Union of India and another ..... Respondents
Through Ms.Monika Gupta, Adv. for R-1.
Mr.Irshad Ahmed with Mr.Abdul
Majeed and Mr.M.Z. Chaudhary,
Advocates for respondents 2 & 3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE DR. JUSTICE S.MURALIDHAR
1. Whether reporters of the local papers be allowed to see the
judgment ?n
2. To be referred to the Reporter or not ?n
3. Whether the judgment should be reported in the Digest ?n
ORDER
% 9.7.2008
1. This writ petition has been filed in public interest to highlight certain malpractices allegedly going on in the management of Dargah Sharif at Ajmer. The petitioner has apart from pointing out the alleged acts of mismanagement and other deficiencies sought directions for setting up of modern educational and vocational centres with a view to eradicating illiteracy and beggary. In the meantime complaints regarding [WP(C)15453/2006] Page 1 of 6 alleged mismanagement of the Dargah have been received even by the government from various quarters and the government has acted upon the said complaints and appointed an inquiry committee under the Chairmanship of Mr.Ghayyur-e-Alam, Member, Central Wakf Council and Member, Maulana Azad Education Foundation. The inquiry committee headed by Mr.Ghayyur-e-Alam came to the conclusion that the Dargah Committee was guilty of grave mismanagement of the affairs of the Dargah and its continuance was detrimental to the interest of the Dargah. The government has accordingly superseded the said Committee in terms of an order dated 24th August, 2007 passed in exercise of its powers under Section 8 of the Durgah Khwaja Saheb Act, 1955.
2. On behalf of the Nazim of the Dargah and the newly appointed Committee a statement was made before this Court that the Committee and Nazim are ready and willing to consider the well-meaning suggestions meant to improve the management of the affairs of the Dargah. Now, a detailed affidavit is filed by the respondents No.2 and 3 containing a chart indicating the suggestions that are acceptable to the new management and the steps taken by them for implementation of [WP(C)15453/2006] Page 2 of 6 the said suggestions. It is seen from the affidavit that almost all suggestions of the inquiry committee as well as the petitioner are being implemented by the new management.
3. The learned counsel appearing for the petitioner, however, submitted that certain important suggestions are not implemented by the Committee. He highlighted mainly three aspects, first concerning the distribution of Chaddar to the needy persons, secondly proper accounting of the donations and thirdly beautification of the Dargah.
4. Insofar as distribution of Chaddars to needy persons is concerned, it is pointed out by the respondents that the Chaddars which are offered at the shrine are taken away by the Khadims and the Committee does not acquire their possession. The same also cannot be distributed as garments to the needy persons. Besides it will amount to gross disrespect to the said offerings because they are considered as very pious and could hurt the religious sentiments of the followers.
5. In this regard the learned counsel appearing for the petitioner drew our attention to the decision of the Supreme Court in Durgah Committee, Ajmer and another v. Syed Hussain Ali and others AIR 1961 SC 1402. In that case the [WP(C)15453/2006] Page 3 of 6 Supreme Court considered the effect of Sections 2(d)(v) and 14 of the Durgah Khawaja Saheb Act, 1955 (Act 36 of 1955). The Court held that effect of these provisions is that when offerings are made earmarked generally for the Durgah they belong to the Durgah and such offerings can be received only by the Nazim or his agent and by nobody else. These offerings never belonged to the Khadims and they can therefore have no grievance against either Section 2(d)(v) or Section 14 of the Act. That is a matter concerning the property of the Durgah and it is open to the Legislature to regulate by providing that the said offerings can be solicited by the Nazim or his agent and by no one else. The Khadim's right to receive offerings which has been judicially recognised is in no manner affected or prejudiced by these provisions. Even after the Act came into force, pilgrims might and would made offerings to the Khadims and there is no provision in the Act which prevents them from accepting such offerings when made.
6. Learned counsel appearing for the respondent states that they would follow the law laid down by the Supreme Court in Durgah Committee, Ajmer and another v. Syed Hussain Ali and others (supra) in relation to the offerings of Chaddars by [WP(C)15453/2006] Page 4 of 6 the devotees.
7. The other area of controversy is about proper accounting of donations. In the short affidavit, the respondents have stated that green boxes are being kept inside the Dargah complex and the same are opened in the presence of different heads of various departments of the Dargah Committee by the Assistant Nazim and money is being properly credited in the accounts. The receipt for the amount so taken out from such green boxes is also issued. Similarly other donations received in the Dargah Office from various persons are also properly credited and are spent for the purpose for which such amount has been given. The learned counsel for the petitioner has shown from the records that the green boxes are being opened by the officials in the absence of Nazim or members of the Managing Committee or Board of Trustees. He suggested that such boxes should be opened only in the presence of Nazim and at least two members of the management. His suggestion is acceptable to the respondents.
8. Lastly, the petitioner has made certain suggestions for beautification of the Dargah area. The learned counsel appearing for the respondents states that the Management Committee will draw up a plan for beautification in consultation with the experts [WP(C)15453/2006] Page 5 of 6 and proper steps will be taken to beautify the area.
9. In view of the statements made on behalf of the Dargah Management Committee, nothing survives for consideration in this petition. Accordingly, the writ petition stands disposed of.
CHIEF JUSTICE
S.MURALIDHAR
JULY 09, 2008 (JUDGE)
"nm"
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