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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 87 of 2011 Anwar Jamal Kazmi

…...Petitioner Versus

State of Uttarakhand and others

…… Respondent.

Present: Mr. T.A. Khan, Senior Advocate assisted by Mr. Aditya Kumar Arya, Advocate for the petitioner. Mr. Gajendra Tripathi, Brief Holder for the State of Uttarakhand. Mr. D. Barthwal, Advocate for respondent Nos. 2 and 3. Mr. Sandeep Tandon, Advocate for respondent No. 5.

JUDGMENT Coram: Hon’ble Rajiv Sharma, J. Hon’ble Sharad Kumar Sharma, J. Dated: 23rd August, 2017 Per Hon’ble Sharad Kumar Sharma, J. Flourieth Almamater our Country. This noble country of ours which has many old traditions and legendary history of honesty towards religion and religious institutions and perseverance to religion, we are privileged to have one of the most pious and ancient Shrine in the World, which is almost now about 737 years old, which finds its existence from the regime of Mughal Emperor Shahjahan or even for a period prior to it, but still fresh in our bosom still alive forever. The Holy Shrine was bestowed with a large tract of land for the maintenance and upkeep of this pious Shrine called as “Dargah Hazrat Allauddin Ali Ahmad Sabir”, which is situated in Village Peeran-E-Kalyar, hence, with the passage of time, it is also

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called as Dargah Sharif Peeran-E-Kalyar (hereinafter to be called as “Dargah”. The devotees of all castes, colour, creed and religions have unbounded trust and faith in the Shrine, irrespective of their birth, irrespective of their castes, irrespective of their religion, irrespective of their trait. Since time immemorial, this Dargah and its management has been vested over to the body constituted under the Wakf Act.

Its management is

regulated and controlled by the Chief Executive Officer who only functions as a representative of the Shrine. He has one of the most pious objective of his life and pious responsibility to ensure that Dargah and its affairs and management is in the wider interest of the Shrine as well as in the wider interest of the devotees visiting the Shrine, he owes the responsibility for an honest discharge of duties attached to his office. Gradually, with the passage of time, as the materialism dissolved in the vein of humanity, men parted of humanities and had became economist, their lust became unbounded and human being have left no stone unturned to enrich their coffers, by all modes, not even sparred pious deities, being oblivions of the fact that they discharge an honorous pious duty towards the Almighty (Allah) has given them as a honorous duty to discharge and they will have to answer their sins. With the enforcement of the Wakf Act, its prime object as provided in the Wakf Act, 1954 was and to provide for better administration and supervision of the Wakfs, which were included in the list of Wakfs under the Act as enacted in 1954. Despite of the best efforts of Legislature to ensure codification of law, in relation to the management of Wakfs,

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still after being engaged in day-to-day functions of the Wakfs, it was found that despite of all care and diligence, there have been certain loopholes under Law and many deficiencies were witnessed in the management of the Wakf applying the provisions of the Wakf Act, 1954 and setting up of the Wakf Board. The Legislature for removing the deficiencies as experienced by the Act of 1954, sought an amendment in the Act and three amendments were carried out in 1954, 1964 and 1969. But this too with gradual practical existence failed in its intention to achieve the object of the Wakf and to maintain its solemn object of having a sound, clean and fair administration of the Wakfs enlisted under the Act.

Yet

again, a comprehensive amendment was made in the Act of 1954 by bringing out the Amendment Act in 1984. The necessity of 1984 Amendment was based on the Wakf Inquiry Committee report and its recommendation. The said process, it was observed that with the change of lifestyle of the people and aspiration of becoming to be enriched fortnightly, it has been witnessed that more corruption of squandering of money donated to the Shrine for holy purpose and its mis-utilisation for personal benefits either by the Chairman of the Board or by Mutawalli or such officers who are in the helm of the affairs of the Wakf, or in any religions of our country has become a common feature. The leadership of the Muslim Community did not accede to the request as made by the Committee comprising the Management of 1984, and, they decided to bring about a comprehensive bill to introduce the new Act.

Under the

Wakf Act 1954, it provided various heads of administration, where the Wakfs are required to be enlisted, as Wakfs so that

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an appropriate allocation of funds which is required for administration could be done in an appropriate manner to its optimum utilization for the Holy Shrine. In the instant case, the Wakf Dargarh Peeran-E-Kalyar with which this PIL is concerned, is a Wakf which is registered as Wakf Nos. 373, 373A and 373B. The said Wakf numbers continues to be the same for a considerable long time. When the 1984 Amendment did not achieve the purpose by the Wakf Act 43 of 1995, a Wakf bill was passed by both the Houses of Parliament and it received assent of the President on 24th November, 1995 and gave an existence to the Wakf Act 1995. The SOR of the Act was to provide for “the better administration of Wakfs and for matters connected therewith or incidental thereto”. The Wakf Act in itself is a self contained Act, a central legislation containing its own procedures and authorities before whom the action is to be taken, if the purpose of the Wakf is not being achieved, has to ensure to augment the development of wakf. For the management of the affairs of the Wakf, each Wakf is supposed to have “Mutawalli”.

The purpose of

having Mutawalli, as defined sub-section (i) of Section (3) and the mode of his appointment is given as under :“(i) “mutawalli” means any person appointed, either verbally or under any deed or instrument by which a [waqf] has been created, or by a competent authority, to be the mutawalli of a [waqf] and includes any person who is a mutawalli of a [waqf] by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any [waqf] or [waqf] property:

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Provided that no member of a committee or corporation shall be deemed to be a mutawalli unless such member is an office bearer of such committee or corporation: [Provided further that the mutawalli shall be a citizen of India and shall fulfil such other qualifications as may be prescribed: Provided also that in case a wafq has specified any qualifications, such qualifications may be provided in the rules as may be made by the State Government;]” The procedure for appointment of Mutawalli has not been specified under the Act but it depends upon the process adopted by a particular Wakf, or any acceptable consensus or precedents followed. The petitioner, who claims himself to be a dealer of Unani medicine, having a shop at Peerani Kalyar claims himself to be a public spirited person and he claims himself too to be an income tax payee and he pleaded that he has got no personal interests involved in the present case. He filed the instant PIL for the following reliefs : “I. To issue a writ order or direction in the nature of mandamus appointing a receiver of panel of receivers for the management of the Shrine known as Hazrat Alluddin Ali Ahmad (Sabir Pak) and Hazrat Kilkili Sahab and Hazrat Imam Sahab, situated at Village Piran-E-Kaliyar, bearing Wakf nos. 373, 373A and 373B, Tehsil Roorkee, District Haridwar. II. To issue suitable directions to the Central Bureau of Investigation to investigate the charges leveled in the writ petition against the respondent no. 3 and 4. III. Any other relief which this Hon’ble Court may deem fit and proper may kindly be awarded in favour of the petitioner and against the respondent. IV. Award the cost of the petition in favour of the petitioner and against the respondents.” Primarily, the allegations which have been leveled by the petitioner is against the respondent No. 3 and 4, i.e. Chief Executive Officer and the Chairman of Uttarakhand Wakf

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Board, now Sarafat Ali, who at present, are not holding their offices, but still change of person in office, the issue of wider public interest will not sublime, as it would remains unabated unless remedied. The case of the petitioner before this Court was that there have been a massive financial irregularities and mismanagement and mis-appropriation of funds by respondent No. 4, even in past in connivance with respondent No. 3 resulting into causing loss to the property donated by the public at large to the Shrine, has been mis-utilised for the personal benefits or for the benefits of the Board, which according to the petitioner, the major chunk of donation received is being siphoned to the coffers of the Board. Respondent No. 2 or for other benefits of respondent Nos. 3 and 4 by conspiring its mis-utilization without the same being utilized in the management and upkeep of the Dargah as wished by devotees who gave their offerings, and thus depriving the utilization of the donations for the purpose for which the devotees have voluntarily parted for the auspicious Shrine. The petitioner contended that after the enforcement of the Wakf Act, 1995, with the Presidential assent w.e.f. 01.01.1996, the Wakf Board, as defined in its Chapter 4 of the Act, had its pre-defined duties of the Board and the power of its Officer bearer including the Chief Executive Officer. The case of the petitioner is that after the creation of the Wakf Board on 26.06.2010, as per Section 13 of the Act, in its first meeting, which was held on 12th July, 2010, it was decided that Chief Executive Officer who was appointed as per conditions provided under Section 23 of the Act would be entitled for an honorarium as fixed by the Board and his

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financial powers and the powers as contemplated under Section 26 of the Act was not an unfettered powers because the powers of the Chief Executive Officer were the powers which were to be regulated in accordance with the duties which he was supposed to discharge as provided under Section 25 of the Act, even his discharging power has been circumscribed by stipulated conditions. Amidst the said powers, one of the power which was restricted for the Chief Executive Officer as pleaded by the petitioner was that he was restrained from making any financial transaction in cash for an amount beyond Rs. 25,000/- as for any such transaction beyond Rs. 25,000/- was to be done with the prior approval of Chairman. In this regard, a Resolution was passed on 17.07.2010, whereby it laid down parameters and ambit of powers to be exercised by the Chairman as well as the Mutawalli. It seems that gradually and as pleaded by the petitioner since Dargah despite of the fact that being the most pious place, gradually, started taking shape of a place meant for the politicians to mint money and to usurp the donations irrespective of public sentiments attached to Shrine and their purpose of donation for Shrine. On an issue which is being raised by the public on 15th January, 2011, the Department of Social Welfare, passed an order giving the unlimited powers to the Chief Executive Officer and the Chairman which was contrary to the powers of the Chief Executive Officer and the Chairman as given under Sections 28 and 26 respectively under the Act. Meaning thereby, all political and administrative decisions like one dated 5th January, 2011 giving an unabated powers could not have been granted to the Chairman or the Chief

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Executive Officer beyond the scope of the Act as has been contemplated under the Act. Because power corrupts and an absolute power corrupts absolutely and giving unlimited powers to the Administrative Officers, for example, the Chief Executive Officer and the Chairman, would be the foundation of corruption because as an officer he has an absolute power, without check and control, corrupts absolutely. Thus the G.O. dated 15/01/2011, of Department of Social Welfare cannot supersede the powers given to Chief Executive Officer and Chairman beyond under Section 25 and 26 of the Act. This is what the grudge of the petitioner is that these officers who were appointed under the Act, are being using the money donated by the public according to their own wisdom and fancies without the same being regulated by a specified norms under the Act and being accounted for and due to this exercise of unfettered powers, the public at large who otherwise has an interest in the Shrine which is open to the public at large are affected and, hence, he filed the writ petition before this Court. In this writ petition, another important issue which has been agitated by the petitioner is that though the Wakf is in existence but no Mutawalli as provided under Section 3 (i) read with Chapter 6, Section 50 has been appointed as on date. His contention in the PIL is that by not appointing the Mutawalli, the entire powers of regulating the financial matters have been centered around between the respondent Nos. 3 and 4 who by conspiring the activities among themselves due to centralization of power amongst them, they have used the powers for their personal gains.

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According to the writ petitioner, the powers of the Chief Executive Officer as enshrined under Section 25 of the Act and as given to the Chief Executive Officer now of the Piran-E-Kaliyar was unrestricted power which is always vested to the religious organization by polarizing of powers on one individual. Being aggrieved by the such type of polarizing power, one Mohmmad Akram filed writ petition before this Court, being Writ Petition No. 385 of 2011, in this writ petition, this Court passed an order on 5th January, 2011, whereby, the act of interference into the financial matters of the Wakf was kept in abeyance. The Chief Executive Officer, who happens to be the representative of the administration of the Wakf. The allegations of the petitioner in the writ petition was that respondent No. 4, by misusing his powers, which has been delegated to him, is carrying on all illegal activities and various complaints have been received by the Governor, but, no action has been taken. The anomaly which was subject matter questioned in the writ petition was that the cash box of the Shrine, which was under the management of two members of the Board, could not be accounted for in the absence of the persons made responsible for handling the cash box.

But despite of the aforesaid restrictions, the

allegation of the petitioner was that cash box was opened in the absence of the authorized members Modh. Rais Ahmad Kasmi and Mohd. Amir-Ul-Hasan. Even this opening of the cash box was in the absence of the Chief Executive Officer. According to the information, there had been 38 cash boxes and total collection which has come out is that of about Rs. 33,24,893/-. The contention of the petitioner was

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that during the period from 1st April, 2009 to 31st March, 2010, when the Shrine was under the management of the Collector, the income of the cash box only was on a higher side to the tune of Rs.43,77,229/-. Another allegation against the respondent No. 4 was with regard to clandestinely dealing with the property of the Piran-E-Kaliyar allotting various pieces of land to Fazal-Ur-Rahman and such other persons on a very poultry some of money as rent. Piran-E-Kaliyar Dargah also engages itself in the activities of letting out the shops on rent for increasing the income of the Shrine but the said allocation of shops have been done by respondent No. 4, by not bringing the process of allocation in public domain or in the domain of wakf representatives but rather let out shops themselves. The allegations of the petitioner is that such type of transactions have been taken out for illegal benefits. It was alleged that respondent No. 4 was involved in making fake payment of exorbitant amount against various heads. The petitioner, in the writ petition, has discussed a brief irregularities which has chanced in the management of the affairs of the Piran-EKaliyar. To give a colour of malice, the petitioner developed a case that in past four years, four Chief Executive Officers have been removed of the affairs of Shrine because they did not accede to the illegal demands of respondent No. 4, whereas, in fact, the respondent No. 4 was compelling the persons to satisfy the illegal demand and then only they would be entitled for the benefits which they claimed for. Under the aforesaid backdrop and various other issues as pleaded in the writ petition, the petitioner has contended that the conduct of respondent No. 4 has remained so dubious and dishonest against the dealing of finances and

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assists of the Shrine, it has compelled us to bring the previous Chief Executive Officer into probe to ensure that he does not involve in the illegal activities for personal benefits with regard to the management of the affairs of the Shrine. According to the petitioner, the previous Chief Executive Officer Rais Ahmad had revealed certain facts and from his revelation itself, it shows that respondent No. 4 has pressurized the Chief Minister for not taking strict stand against the Collector of the Dargah who was liable to pay the huge amount due to the Shrine As per petitioner, during the intervening period, the respondent No. 4 appointed Mr. M. Sami Ulla Ansari as Manager of the aforesaid Dargah.

In this letter dated

17.02.2011, addressed to respondent No. 4, the former Manager of the Shrine Mr. M. Sami Ulla Ansari has disclosed the illegal activities of respondent No. 4 which are being done by the respondent No. 4 for the mis-management of the aforesaid Shrine. There had been various irregularities in the execution of the contract for allotment of the shops during the fairs of the Shrine which was one of the work of the Board. But looking to the ambit of exercise of powers under Article 226, this Court is not in a position to appraise the documents of accounting etc for which looking to the amplitude of financial irregularities and mismanagement, some directives do need to be issued to bring the public issue to its logical conclusion having long drawn effect. In support of his contention, the petitioner has placed on record number of documents and the manner in which the accounting was done to project to the court with regard to the irregularities and financial embezzlement committed by the Officer bearer of the Shrine.

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This Court, initially on 13th September, 2011, had issued notices and invited counter affidavit, thereafter, the writ petition was listed on number of occasions and, ultimately,

Mr.

Vipul

Sharma,

vakalatname for respondent No. 4.

Advocate

has

filed

The Division Bench of

this Court, vide its order dated 5th January, 2012, after considering arguments of counsel of the parties concerned had passed the following orders : “Miscellaneous Application No. 14005 of 2011 Counter affidavit, filed by respondent No. 4, is kept with the record and at the same time, short counter affidavit, filed by the State, is also kept with the record. Applications, made therefor, are disposed of. 2. In the event any rejoinder affidavit is required to be filed to the affidavits filed, let the same be filed on or before 27th February, 2012. Writ Petition No. 87 of 2011 (PIL) Admit. 2. In the short counter affidavit, filed by the State, it has indicated that the State has taken certain actions as disclosed therein. It is made clear that pendency of the present writ petition will not debar the State from concluding such actions. 3. For the time being, Chief Executive Officer of the Uttarakhand Wakf Board shall be entitled to spend such money, for and on account of the Wakf, and to enter into such contract, for and on account of the Wakf, and to permit such person to do such work as may be necessary for the performance of the duties of the Wakf, as may be permitted by the District Magistrate of the district or by his nominee, who shall be a permanent employee of the State, before any such step is taken. In other words, money spent or any work done by the Chief Executive Officer of the Wakf Board shall be supported by a prior permission to be granted by the District Magistrate or by his nominee. 4. Let the writ petition be listed for disposal in the week commencing from 5th March, 2012.”

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There was yet another application filed, being Application No. 10444 of 2013, seeking modification of the order dated 5th January, 2012. On this application, the This Court passed yet another order dated 28th October, 2013, directing the Chairman and the Chief Executive Officer to take steps for the purpose of recovery of money belonging to Wakf and not to spend until if is for the purposes of Wakf. Copy of the order is quoted hereunder : “The order dated 5th January, 2012 is for the protection of the Wakf Board. According to respondent No. 2, new Chairman and Chief Executive Officer have come. We do not see any reason why these two officers will find it difficult to act within the parameters of the order dated 5th January, 2012 and what impediment the said order will cause in the matter of smooth running of the wakf estate. The fact remains that there is serious allegation of squandering of the funds of the wakf by the erstwhile Chairman and the Chief Executive Officer. As yet, it has not come on record that any step has been taken by the present Chairman and Chief Executive Officer for recovery of any money belonging to the wakf, which has been squandered by anyone. We, accordingly, refuse to vacate the interim order that was passed on 5th January, 2012. The Applications (CLMA Nos. 10444 of 2013 & 11822 of 2013), accordingly, stand disposed of. 2. We admit the writ petition and direct the writ petition to be listed for hearing in its turn. 3. In the meantime, it shall be open to the present Chairman and Chief Executive Officer to take such steps, as they may be advised, for the purpose of recovery of any money belonging to wakf, but not spent or utilised for the purpose of the wakf. It will be appropriate on the part of the present Chairman and Chief Executive Officer of the wakf to conduct a special audit pertaining to the affairs and the moneys belonging to the wakf. It shall be open to the wakf as well as to its Chairman and Chief Executive Officer to take such steps, as may be necessary, for protecting the estate, assets and funds of the wakf. In the event, the present Chairman and Chief Executive Officer of the wakf faces any difficulty in complying with the

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order of this Court dated 5th January, 2012, it shall be open to them to re-approach the Court highlighting those difficulties. It shall also be open to the Board, its Chairman and Chief Executive Officer to approach the Collector with a budget and to get that budget sanctioned.” Thus, there was no necessity to file such an application for the reason that this application losses its significance for seeking permission by way of clarification that respondent may be permitted to spend the money for and on account of Wakf in question and to enter into the contract. Said relief could not be granted because it would be amounting to be final relief. The petitioner filed an application for appointing the Receiver of the Dargah for maintaining the affairs. If the order dated 28th October, 2013, is read with precision, the Division Bench of this Court, directed the Chairman and Chief Executive Officer to take steps as may be necessary for purpose of recovery of the money belonging to the Wakf but not to spend or utilize for the purposes of Wakf. There is nothing on record to show what steps have been taken compliance of the order dated 28.10.2013 This Court also directed that the aforesaid two authorities will also make efforts to conduct a special audit pertaining to the affairs of the money belonging to the Wakf, leaving it open to make all efforts to ensure that the estate, assets and funds of the Wakf are properly managed. After hearing the learned counsel for the parties for a considerable length and looking to the magnitude of the order dated 5th January, 2012, and 12th October, 2012, passed by the Coordinate Bench of this Court, this Court feels that the community as a whole and people including the authorities in the helm of the control of the Shrine, they owe a social and moral responsibility to be honest towards their

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work and particularly the Chairman and the Chief Executive Officer, they owe a more social responsibility that the funds of pious Dargah are not being misused. The fact which has been brought on record by the petitioner reveals that there had been massive mis-utilization of money, but then there appears to be a practical difficulty before this Court for coming to a logical conclusion on the set of allegations as raised by the petitioner in the writ petition. This Court has restriction in appreciating evidence in PIL. But since issue touches sentiments of devotees of Shrine and public is involved, this Court cannot shut the issue at this stage, in which, onus is yet to be fixed on persons who have mis-utiliszed finances and assets of Dargah. Under these circumstances, where prima facie the set of allegations seem to be correct in the wider interest of the Shrine, this Court feels to carve out a case of “Continuous Mandamus” for the management of Shrine whereby this Court deems it appropriate to appoint a Committee of independent persons including the Financial Experts, i.e. Chartered Accountant who would conduct a special audit into the financial affairs of the Shrine for last 20 years and will prepare the books of account of income and expenditure made and the authorities under whom the expenditure was reallocated and used.

The audit report, thus, prepared

would be submitted to the Court within a period of six months from today for its scrutiny, as to who has to be held responsible for mis-utilization of the finances of the Shrine. Such Committee appointed will thereafter continue to make the audit of the finances of the Dargah and submit their report every six monthly.

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This process is apart from the normal audit which the Shrine has to undergo to maintain their books of accounts under law for each financial year. It is also directed that the Committee, thus, constituted for conducting the audit for last 20 years, in its first report, would also mark out the Officers and Official responsible, so that this Court may further take appropriate remedial punitive action against them on both administrative and criminal side. The Committee, thus, constituted will have to probe in the following issues and every other issues which comes to their notice during probe, having effect on administration of Dargah, for last twenty years : I. Accounting of Cash Books. a) Who accounted for the cash box. b) Who was the person authorized for the counting. c) Who authorized the person for counting. d) Who was the Chief Executive Officer during the counting period. e) What role did Chief Executive Officer has while counting. f) What was the trend of collection for past 20 years from cash boxes. g)

How the

amount

thus

collected

were

administered, and bank accounts in relation thereto.

II. Allotment of Lands a) Resolution of allotment of land.

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b) Who was competent to allot land belonging to Dargah. c) Who was eligible to receive the land in allotment. d) To whom allotment of land was made and for what purpose. e) Amount of lease rent received and how same was used. f) What action taken for reverting land to Shrine in case where lease has expired. g) What proceedings drawn in cases of default, their status. h) Details of land, their dimensions which has been allotted. III. Period of Allotment and Rent Due and Received a) What action taken after the expiry of period. b) Total allotment made for last 20 years and their status as on date. IV. Allotment of Shops Near Railway Station a) Why the allotment of shops was cancelled b) Why the same were demolished and under whose order. c) Why it was allotted to the same person from whom the possession was taken. d) Why construction was raised without inviting the tenders. e) Was there any site plan sanctioned by the Board for constructing the shops. f) Details of allotment, rate of rent settled, amount received, how it was accounted, default of rent and steps taken for recovery.

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V. Disbursement of Payments a) Quantify the amount of collection made in cash or by cheque for last 20 years. b) Correspond the collection made by cash or cheque with the books of accounts. c) Correlate payments made and the purpose for which it was made from amount thus collected. d) Period for which the payment relates to, authority of Dargah who deposited and disbursed. VI.

Whether the family members of the Chief

Executive Officer or the Chairman, control the accounts and the cheques of the Shrine for the account standing in the District Cooperative Branch, bearing Account No. 36 and any other accounts of Shrine.

VII. Whether the respondent No. 4 has settled the amount withdrawn from the said account to his nephew. VIII. Whether the Chairman and the respondent No. 4 are regulated by political dictates in managing the

affairs

of

the

Dargah

and

have

political

antecedents. IX. Maintenance of guest houses of Dargah a) Whether sufficiently maintained. b) If maintained, then, the accounting of maintenance incurred by Dargah for last twenty years.

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c) What steps have been taken to keep the area sanitized and clean from littering and its day-to-day stages. d) What facility of drinking water and toilets have been made available to the pilgrims. X. Under what authority the payments are being made to : a) Cable operator or the dish operator for entertainment. XI. What is the qualification for being appointed as

Chief

Executive

Officer

and

whether

the

respondents fulfil the qualification for appointment to be appointed as Chief Executive Officer. XII. Recovery from the contractors. It is reported that 102 crores is outstanding to be recovered for the year 2010-11 and 162 crores for the year 2011-12. a) What steps have been made to recover the said outstanding amount. b) Officers responsible for not taking steps for recovery in appropriate time, so liability may be fixed on them personally for their collusive inaction. c) Whether the recovery was avoided with the connivance with the Director causing loss to Dargah. XIII. a) What procedures have been adopted for giving contracts for holding stalls or shops, wither privately or public tenders. b) Amount collected towards it. c) How it has accounted for and reflected in the books of accounts.

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d) Whether it has been audited. The Committee is, thus, directed to hold a full-fledged enquiry

/

investigation

with

the

assistance

of

an

independent agency, if required, over the alleged financial and administrative irregularities. In view of the above and for making the probe on the points as derived by this Court over the affairs of the PeeranE-Kalyar, a writ of “Continuous Mandamus” is issued directing the District Magistrate to take the following steps : 1. The District Magistrate, who is also the Administrator of Dargah, would be the Chairman of the Committee, thus constituted to investigate into the affairs of Peeran-E-Kalyar for last twenty years. 2. The District Magistrate will ensure the appointment of Chartered Accountant of not less than twenty years of professional standing to investigate into the financial affairs of Peeran-E-Kalyar for twenty years, and submit the accounts

to this Court for

further direction. 3. The District Magistrate will ensure that the Chartered Accountant and its members (except D.M.) thus employed is remunerated by paying them suitably

for

the

services

rendered

by

him

in

compliance of the judgment rendered by this Court. (The amount to be paid and mode of payment would be directed later by this Court after the first report of the Committee). 4. The District Magistrate is directed to ensure that the Wakf Board deposits a sum of Rs.25 lacs tentatively before the Registry of this Court to meet

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day-to-day expenses likely to be incurred in the investigation. 5. The Committee would constitute of District Magistrate as its Chairman. The Chartered Accountant to be appointed by the District Magistrate.

Besides

him, the other two members who would constitute the Committee would be : 1. Dr. Qazi Irshad S/o Shri Qazi Masood (Ex-Deputy Director, CBRI, IIT Roorkee). R/o 134, Solanipuram, Roorkee, District Haridwar. 2. Lt. Col. (Retd.) Abdul Qadir S/o Mohammad Ibrahim. R/o Jeewangarh, Vikas Nagar, Dehradun. 3. The Financial Officer, as appointed by the State Government for Peeran-E-Kaliyar, appointed from time to time to regulate financial affairs, would also constitute to be the Member of the Committee, thus, appointed by this Court for the purposes as directed. The District Magistrate is further directed to constitute a Committee, who should be persons of wisdom, socially recognized, honest, having vast knowledge of Islam and having at least a qualification of post graduation to be members with District Magistrate

and

Chartered

Accountant

of

the

Committee and to work collectively. 6. The District Magistrate can choose the third member for above five members expert Committee who would constitute the Committee. This member should be experts in linguistic or social science or psychology and should be a post graduate.

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7. Each month’s development report is to be submitted to the Registrar of this Court by the District Magistrate so that the financial affairs of Peeran-EKalyar may be monitored by this Court. With the above directions, the District Magistrate is directed to comply the order by constituting a Committee within three weeks from today. The first report is to be submitted to this Court within four weeks thereafter, informing as to what steps have been taken by him in this regard in a sealed cover. Subject to above directions, the present PIL is closed.

(Sharad Kumar Sharma, J.) 22.08.2017 Shiv

(Rajiv Sharma, J.) 22.08.2017