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Members of Management Committee of Dargah removed without show cause notice
In the case of MOHD SHAMIM Vs DELHI WAQF BOARD (W.P.(C)-10429/2021), a single judge bench of Delhi High Court headed by learned judge SANJEEV SACHDEVA, on 17th September 2021 disposed of a petition directing the Delhi Waqf Board to issue ex-post-facto show cause notice within a period of one week enclosing therewith entire material as may be available with the Waqf Board inter alia complaints from different sections of the community about the management of the Dargah referred to in order dated 01.04.2021. The petitioners Mohd Shamim and others were represented by Advocate Ms. Shashi Karan. Mr. Wajeeh Shafiq, Advocate represented the Delhi Waqf Board. The matter was heard through video conferencing.
The Delhi Waqf Board had removed the petitioner Mohd Shamim and others, who were members of the Managing Committee of Dargah Hazrat Khwaja Qutubuddin Bakhtiyar Kaki (RAH), Mehrauli without giving them any show-cause notice and opportunity of being heard.
Section 67 which is all about the supervision and supersession of the Management Committee of the Waqf Act, 1995 mandates that prior to removal, a reasonable opportunity of showing cause against the proposed action is required to be taken. The Waqf said that section 67 is not relevant for this present case. The Waft said that petitioners Mohd Shamim and others were not appointed by the Waft but by the Waqf Board pursuant to order dated 22.09.2008 in Suit No. 151/2002, Taufiq Farooqui & Others Vs. Khwaja Syed Hilal Qutabi & Ors.
The Court directed the petitioners Mohd Shamim and others to file a reply to the show-cause notice within a period of within two weeks. The Court also said that an opportunity of personal hearing shall be granted to the petitioners Mohd Shamim and others. After a period of three weeks, the Court shall pass a speaking order after giving the petitioners Mohd Shamim and others, an opportunity of being heard by a personal hearing.
The Honorable High Court of Delhi also said that it would be open to the petitioners Mohd Shamim and others to take further recourse in law in case they are aggrieved by the speaking order given to them.
The Honorable High Court of Delhi headed by learned judge SANJEEV SACHDEVA directed that in the meantime, till the passing of the final speaking order, SDM, Mehrauli shall act as an observer for the purposes of observing the opening of the collection boxes. The entire collection shall be duly recorded in an account book and expenditure therefrom shall also be recorded. The observer shall continue till the passing of the speaking order and thereafter continuation shall be subject to the speaking order to be passed by the Waqf Board. The petition is disposed of in the above terms.
Dargah Hazrat Khwaja Qutubuddin Bakhtiyar Kaki (RAH), Mehrauli is the oldest dargah in Delhi. Qutbuddin Bakhtiyar Kaki was one of the most prominent Sufi saints. It is therefore that Dargah Hazrat Khwaja Qutubuddin Bakhtiyar Kaki is one of the most important pilgrimage places for the Sufis. The famous Qutub Minar in Delhi is named after him.
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