Indian Kanoon - Search engine for Indian Law

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Shaban Bhat And Others. vs State Of J&K; And Others. on 8 February, 2018

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

  HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

OWP No.163/2018
MP No.1/2018
                                                              Date of order: 08.02.2018
Mohammad Shaban Bhat and others.                     v.            State of J&K and others.
Coram:
              Hon'ble Mr. Justice Sanjeev Kumar, Judge
Appearing Counsel:
For Petitioner(s)       : Mr. M. Ayoub Bhat, Advocate.
For Respondent(s)       :

       (i)     Whether to be reported in                  Yes/No
                  Digest/Law Journals etc.
       (ii)       Whether approved for publication        Yes/No
                  in Media/Press.

The case projected by the petitioners in this petition, in a nutshell, is that one Immam, namely, Jahangeer Ahmad Palla entered the Mosque at Patipora Galwanpora as Immam a year back. Since the aforesaid Immam had a different approach and ideology in the matter of offering prayers, therefore, his style of functioning was disputed by some people. The dispute, however, came to be settled with the intervention of other Auqaf Committees of the area and it was decided to allow the aforesaid Immam to lead prayers for one year and thereafter a new Immam would be appointed by the people of the area. It is contended by the petitioners that the aforesaid Immam has now developed vested interest in continuing as Immam and is, therefore, not allowing the people to make their choice. It is claimed by the petitioners that they also approached the district administration to take appropriate measures to ensure peace and harmony in the area but nothing has been done in the matter. The petitioners, therefore, apprehend breach of peace in the area and have thus, approached this Court through the instant petition.

I have considered the submissions made by the learned counsel for the petitioners.

The controversy raised with regard to the appointment of Immam by the people of the area is purely a religious affair of the people visiting the Mosque in question and the Court would not be in a position to interfere in such matters. The petitioners who are three in number may be aggrieved of the continuation of the Immam, namely, Jahangeer Ahmad Palla, but who knows the wish of the people of the area.

Be that as it may, I feel that this is an area where the Court would not be required to venture into. Therefore, the apprehension of breach of peace in the area, if it really exists, is to be taken care of by the district administration and the petitioners claim to have approached the district administration in this regard. That being so, I propose to dispose of this writ petition by providing that the district administration shall ensure that there is no breach of peace in the area, be it due to the dispute relating to the appointment of Immam of the Mosque at Patipora Galwanpora or for any other reason.

Ordered accordingly.

(Sanjeev Kumar) Judge Srinagar 08/02/2018 Vinod.