Serious breach of M.P. Wakf Tribunal's order resulting in Jail punishment
Dawat-e-Hadiya headed by Syedna Mohammad Burhanuddin Saheb has committed a serious breach / violation of Madhya Pradesh Wakf Tribunal order.
The Tribunal has issued notice to Dawat-e-Hadiya and M.P. Wakf Board for reply on breach of Injunction. The said notice sent by the Registered post has been returned by Syedna Sahab to the Tribunal office without assigning any reason. Which means it is deliberately avoiding the service of the Court summons. In this breach case (in which notice is sent to Syedna Sahab) filed before the Tribunal, three months Jail is the only punishment under order 39 rule 2 A of the Civil Procedure Code 1908.
Up to 50th Bohra Dais, they were poor and indebted. But 51st Dai, Syedna Taher Saifuddin Saheb took forceful control of the community's wealth and properties by claiming the ownership of the community properties including masjids. He also claimed that Dai is not accountable to anyone accept the hidden Imam. Though the court of law out rightly rejected these claims he continued his absolute control on the community and remained non-accountable and went on establishing his powerful Financial Empire.
Absolute power corrupts absolutely. Today the Bohra religious establishment is one of the most corrupt establishments.
However the outcome of the mass revolt in Udaipur in 1972 was quite freighting for him as he lost the control over community properties in Udaipur.
Though so far he and his late father had claimed that they are above the law of the land and there is no concept of permanent irrevocable charity trust in Dawoodi Bohra Community, Syedna Burhanuddin Saheb found it safe to submit to the law of the land and abide by trust and Wakf laws.
But he still wanted to maintain his absolute control over the properties and his superiority over Charity Commissioners and Wakf Boards. He soon found out some corrupt elements in Charity Commissioner's offices and Wakf Boards, and in 1973 / 74 he invited them, one by one at his Saifee Mahal in Bombay, bribed them and made them sign on his own drafted agreements. A new word "Sole-Trustee" was coined though there is no concept of Sole-Trustee in the Charity and Wakf laws. How can one person be the Sole-Trustee of several properties all over the country and the world?
By doing so he on one side wanted to project himself as 'Law-abiding' and on the other side wanted to play with law of the land. So the clauses like "The Wakf Board will not interfere in the matters of Bohra Wakaf (Auqaf) without due permission of the Syedna Saheb" were deliberately introduced in the agreements in order to enjoy his ownership.
On 15 March 1974 an agreement was signed between representatives of Syedna Saheb and the Madhya Pradesh Wakf Board. Syedna Saheb was declared as Sole-Trustee and a fixed amount of Rs. 18,000 was agreed to be annually paid by Syedna Saheb.
The officials in Wakf boards were blinded by money but the reformist Bohras could see through the fraud. In their Fist World Conference they brought this fraud to notice of Wakf Boards, state governments and public.
Therefore on 21 October 1979 Syedna Saheb increased the amount from Rs. 18,000 to 30,000.
The reformist Bohras kept on raising this issue again and again in their World Conferences. Therefore in July 2000 the amount was further increased to 2,52,000.
Due to rampant corruption in the Wakf Boards nothing happened immediately.
But when on 9-1-2006 Mr. Jabbar Dhakwala, an honest and upright person became Administrator of the Board, he came across the resolutions passed in the reformist world conference and investigated the matter. He found that the Agreement entered with the representatives of Sayedna Saheb in 1973 is in violation of the Provisions of Wakf Act. There is no provision in the Act to exempt any one for NOT getting the accounts audited and NOT submitting it to the Board. He also found that the M. P. Wakf Board is being cheated of crores of rupees as Syedna is paying just peanut whereas the income from the Shia Dawoodi Bohra Wakf properties in Madhya Pradesh was running in Crores. He cancelled the 1974 agreement and rejected the Syedna Saheb's claim of "Sole-Trusteeship". Syedna Saheb was informed by letters dated 1st Feb. 2007 and 2nd June 2007. Because according to 1974 agreement, the Net Annual Contribution paid on behalf of Sayedna Saheb to the Board was just eyewash. Syedna collects crore of rupees yearly by imposing various taxes to get their Nikah, burial and other rituals performed. Even to enter in Bohra masjids for prayers and Bohra Dargahs for ziyarat. It is because the Wakf Board has made him owner of the Wakf properties and Bohras have to pay him to make use of these properties.
Mr. Jabbar Dhakwala issued an order to investigate this matter under section 44, 46 and 47 of Wakf Act and also get the actual details of Shia Dawoodi Bohra Jamat's properties in the Madhya Pradesh, their valuation, Net Annual Income from them, their audited accounts and then based on these details calculate the actual Annual Contribution required to be paid by Dawat-e-Hadiya. The moment Mr. Jabbar Dhakwala sent a notice to Syedna Saheb he immediately increased Net Annual Contribution from Rs. 30,000 to Rs. 2,52,000 yearly.``
I, Saifuddin Insaf along with Janab Abdullah Bhai Athar, had filed a case through Advocate Shahnawaz Khan, in the M.P. Wakf Tribunal praying that the Wakf Board should treat Syedna as Mutawalli (care-taker) and not as Sole-Trustee and most importantly the Board should take back the Bohra Wakf properties from Syedna's control.
There are 325 Wakf properties of Dawoodi Bohra Community in Madhya Pradesh. Since these properties are in absolute control of Syedna Saheb:-
1) The accounts of these Wakf properties are neither audited nor submitted to the Board,
2) The actual income from these properties are not made public,
3) Dawoodi Bohras all over the world are the beneficiaries of these Wakf properties and they entitle to make use of them without restriction. But due to introduction of compulsory e-Jamat Cards and restriction of dress-code many members of the community are refused entry even in masjids and graveyards.
The reformists have filed a suit No.13/2008 before Hon. MP State Wakf Tribunal under section 83 of the Wakf Act, 1995 and application under section 94 and Order 39 Rule 1 & 2 and section 151 of the Civil Procedure Code was also filed seeking stay. The above case is also pending before Hon. High Court of Madhya Pradesh for disposal of the Civil Revision No.354/2008. The main case No.13/2008 is also pending before Hon. MP State Wakf Tribunal.
On 24/5/2008 the Hon. Court after hearing both the parties passed the following order to maintain status quo, pending further orders;
"Both the parties to maintain status quo in the case till further orders"
This status quo is to be maintained by both the parties i.e. Plaintiff and the Defendants MP Wakf Board and Syedna Sahab till further .
The order for maintaining the status quo is still in operation, it has not been vacated by the court and during the operation of the above order the Wakf Board or Dawat-e-Hadiya were not allowed to enter in any agreement and change the position.
This is evident from a letter CH/146/2010 dated 25th June 2010 written by Newly elected Chairman of M.P. Wakf Board, Mr. Ghufran Azam to Syedna Mohd. Burhanuddin Saheb. While the Tribunal has ordered to maintain Status quo he has demanded Rs. 15 lakhs Annual Chand Nigrani from Syedna Saheb, without obtaining the accounts from him. By this act, both the M.P. Wakf Board and Syedna have intentionally disobeyed the orders of the Tribunal.
This clearly amounts to the breach of the orders of the Court. As per the law (the provisions of the Code of Civil Procedure 1908 Order 39 Rule 2A) sending them to the civil prison is the only punishment.
In December 2008 our advocate Janab Shahnawaz Khan had warned the newly elected Wakf board members and the chairman Janab Ghufran Azam the Sayedna Saheb is violating Wakf Act provisions. Also he had shown that the Board's annual income can be increased to more than Rupees Two Crores if it gets audited the accounts of Shia Dawoodi Bohra Wakf properties in Madhya Pradesh. He had pointed out that since last 25 years after the Board has signed an Agreement with Dawoodi Bohra priesthood it is violating the Wakf Act's clauses 44, 46 and 47.
Why is the M. P. Wakf Board's income so low when the income from the Shia Dawoodi Bohra Wakf properties in Madhya Pradesh runs in Crores?
Ever since he is exercising his absolute control over the Bohra Graveyards, Dargah, masjids etc. he has become the sole owner of Wakf properties of the Dawoodi Bohra Community instead of remaining as Mutawalli. And he has started imposing taxes as per his will on the community members for making use of these Wakf properties. To the extent that he exercises his absolute control even on the mosques and the graveyards of the community. He even imposes tax for offering prayers in the mosque and burial of dead in Bohra graveyards. No Bohra can pray or / and bury dead without paying taxes and obtaining his permission. Sayedna increases taxes many fold every year. The Sayedna Saheb's establishment collects Crores of rupees from these Wakf properties but the Wakf Board is paid a fixed negligible sum as annual contribution to Board. Why is this freedom given only to Dawoodi Bohra head?, he had rightly questioned. In the name of burial the Sayedna Saheb's establishment is blackmailing the entire community.
He had said that the Sayedna Saheb's representatives are not working as per the provisions in the Wakf Act sections 44, 46, 47. The accounts of more than 325 Wakf properties in M.P. are neither audited nor submitted to the Board. Sayedna is also hiding the actual income from these properties.
It is therefore necessary that the M. P. Wakf Board should asses the actual income of all Wakf properties in M. P. Most importantly the Board should take back them from Sayedna's control.
It is shocking how people like Ghufran Azam can get corrupted when they come in contact of corrupt establishment!