The High Court of J&K and Ladakh has issued notice to authorities on a plea against removal of Professor Dr Kamal-ud-Din Farooqui, from duties of Imam-o-Khateeb at Aasar-i-Shareef Dargah Hazratbal in 2024 here.
In his plea, Farooqui has assailed J&K Waqf Board Executive Magistrate’s (Tehsildar) order dated April 8, 2024 whereby he was relieved from his duties as Imam-o-Khateeb pending an inquiry that was “expressly required to be concluded within seven days”. Despite the lapse of considerable time, no inquiry report or final decision has been furnished to him, according to the plea.
In response to Farooqui’s plea, a bench of Justice Muhammad Yousuf Wani issued notice to the Union Territory of Jammu and Kashmir, Jammu and Kashmir Waqf Board and others for objections to be filed by October 14.
While seeking the response to the plea, the Court directed the authorities to consider a representation submitted by Farooqui against his removal.
According to the plea, the action followed an April 5, 2024 incident involving a non-Muslim individual who approached him through the Naib Imam with a desire to embrace Islam.
Farooqui has maintained that the “individual was questioned regarding any force, threat, coercion, compulsion or inducement before the Kalima Shahadah was administered and had publicly stated that he was acting voluntarily”.
The petition alleges that the Waqf authorities subsequently described the incident as a “forcible conversion” and constituted an enquiry committee without first issuing a show-cause notice or providing the petitioner an opportunity of hearing.
Moreover, Farooqui submitted that he cooperated with the inquiry and furnished a detailed statement on May 5, 2024, seeking verification of CCTV footage and statements of persons present at the shrine. However, he submits, the inquiry report or any final decision was not communicated to him.
Seeking to quash the Waqf Board Executive Magistrate’s order barring him from performing his duties as Imam-o-Khateeb, Aasar-i- Shareef Dargah Hazratbal, Farooqi submitted that the same had been issued without notice, opportunity of hearing, disclosure of adverse material or observance of the principles of natural justice.
The plea underscores that the legality of order must be examined exclusively with reference to the Waqf Act, 1995 and the rules, regulations and written delegations in force on the date of its issuance.
The petitioner also seeks direction to declare his continued exclusion from his duties due to the failure to conclude the inquiry within the period of seven days coupled with their failure to communicate any report or final decision to him as “illegal, arbitrary, unreasonable and unconstitutional”.
In his prayer, he also seeks his restoration to the duties of Imam-o-Khateeb, disclosure of the complete enquiry report and consequential reliefs.
In response to Farooqui’s plea, a bench issued notice to Union Territory of Jammu and Kashmir through its Principal Secretary Home Department, Jammu and Kashmir Waqf Board through its Chief Executive Officer, Board’s Executive Magistrate (Tehsildar) in Srinagar, Dr Darakhshan Andrabi, Chairperson J&K Waqf Board, Senior Superintendent of Police, Srinagar, Station House Officer Police Station Nigeen, Srinagar and Administrator in-charge Aasar-i-Shareef Hazratbal, Srinagar for their reply.
