Progressive Dawoodi Bohras

• Court cases have been instituted seeking expulsion of reformists from mosques and jamatkhana.
• A huge chunk of wakf land has been given to an encroacher by entering into an agreement with him through a court decree.
• A large number of rooms of musafir khanas meant for stay of poor and middle class pilgrims have been demolished at Udaipur, Galiakot and other places to make room for building costly/luxury apartments to generate income.

All these violations have scrupulously been brought to the notice of the Board but no remedial action has been witnessed.

Encouraged by this license given by the Rajasthan Board the Bohra religious establishment succeeded in signing such MOUs in other states for example in the state of Madhya Pradesh also. With the result that the reformists are not allowed entries into any Musafirkhana, Dargah, and Mausoleum etc throughout India. Hurdles are created even for the burial of their dead bodies.

This Conference expresses its deep concern for this situation created by Rajasthan Board of Muslim Wakfs and Resolve to take up the issue with:

1. Honourable Chief Ministers of Rajasthan and Madhya Pradesh to initiate investigations of the matter raised and take remedial measures.
2. The Chairmen, Rajasthan and Madhya Pradesh Board of Muslim Wakfs:
1. To issue orders to the Bohra religious establishment at Mumbai to make arrangements for hurdle free entry for every member of the reformist Dawoodi Bohra jamaat in each and every wakf property as has been done by the Marathwada Board in Maharastra State in the past.
2. To act as per the provisions of the Wakf Act, nullify the so called MODs and seek the statutory returns from the religious establishment ever since these MODs have been signed. Notably to comply with section 44, for submission of Budget, Section 45, submission of Records and Section 47, Regarding Audit of Wakfs.
3. To constitute Local Mutawalli Committee of each Wakf.
4. To initiate action to recover the Wakf land at Udaipur given to the encroacher mentioned above.
5. To investigate and take appropriate action for demolition of Musaflrkhana buildings mentioned above.

Proposed by: Shah Nawaz Khan Advocate, Bhopal
Seconded by: M. A. Bohra, Udaipur

Resolution #6 - Law and order situation at Udaipur due to non-implementation of orders of Rajasthan court

For the last many centuries Dawoodi Bohras had the distinction of being citizens of Udaipur. Consequently there are a large number of Community Properties in the city. Among others these properties also include Qabristan (graveyard), Masjids (mosques), Musafirkhanas (boarding houses), Schools, Maternity Home etc built by pious persons and families for the benefits of the local Bohras as well as for pilgriIrms.

After the enactment of Waks Acts these properties were registered with the Rajasthan Board of Muslim Waks. It is a well known and established fact that a Wakf is a property dedicated to Allah (SWT) in perpetuity. The ownership then transfers to Allah (SWT) and no person or group of persons could claim ownership. The beneficiaries are then entitled for its use and its structure if any is to be used for religious and pious activities.

In the early Seventies of the last century the Bohra population of Udaipur split in two factions. One styling itself as Youth and the other as Shabab. This split was purely on the question of secular issues in general and elections of candidates for the local municipality in particular. However, the post election scenario was manipulated by vested interests in such a manner that contesting and winning of election was declared as a religious rebellion against religious authority. The Youth faction was given the distinction of being a group formed by the so called 'Rebels'. By a religious edict the 'Rebels' were declared out cast.

In the Bohra jargon this phenomenon is called 'Bara't. For implementation of this 'Bara't', those forming the Shabab faction severed every social as well as religious relation with the Youth group. Since in their opinion saying even prayers with the rebels was not valid they walked off from all the masjids lock stock and barrels. This was in the year 1973. However, it so happened that all the managing committees and the pesh imams (persons who lead congregational prayers) of all the masjids belonged to the Youth group. As a result persons attached to this group continued to perform their religious and social functions in these masjids ever since.

Seeing no effect of 'Bara't' on Youth group, two identical civil law suits were filed in the court of District judge Udaipur, first in 1982 and then in the year 1984, seeking expulsion of Youth group from four masjids located in Bohra localities in old city area. In both the suits it was claimed that the suit mosques were the properties of His Holiness Dr Mohamed Burhanuddin Saheb in his capacity as 'Sole Trustee' .of the properties of Dawoodi Bohras in view of his being the Dai-ul-Mutlaq of the denomination. Along with the main suits applications were filed applications seeking Temporary Injunctions pending finalization of the main suits.

Since masjids are wakfs Youth group contested the suits both at the local court as well as in the High Court at Jodhpur. The High Court at Jodhpur while disposing off the applications for temporary injunction allowed the Sbabab group to have Pesh Imams of their choice to lead congregational prayers and conduct social and religious functions in one of the four masjids namely "Moidpura masjid". By the same orders the Youth group was asked not to disturb either the prayers or any socio-religious functions presided over by the Pesh Imams of the Shabab group. This judgment was delivered in May 1984.

Subsequently while disposing off other applications, the Hon High Court also allowed continuation of the receiver appointed by City Majistrate Udaipur for this Moidpura masjid. As a result the receiver opens the masjid at appointed hours to facilitate offering of prayers and other religious functions and lock it once the prayers / function was over. Status quo ante was maintained in respect of the other three suit masjids as also the management of Moidpura masjid.

From May 1984 to end September 2006 i.e. for 22 years this arrangement worked very satisfactorily. People from both the groups participated in all the five congregational prayers led by the Pesh Imams of Shabab group. Also by a gentlemen agreement they jointly recited the supplicants, made calIs (Azan) for respective prayers, called 'takbirs' and carried out minor and major repairs as and when need arose. In fact it seemed as if the time was bridging the gap created artificially.

However, all of a sudden the peaceful atmosphere was deliberately disturbed in end September 2006 on the eve of the holy month of Ramadan, the month of fasting. The Shabab group insisted that the joint recitations and other rituals be abandoned and they be done only by the Shabab group and in case this was not done they threatened to resort to force. In order not to disturb peace on one hand and the commencement of the month of fasting next day the Youth group attended a meeting convened by the police authority and agreed to forgo few of the joint recitations. An agreement was made whereby only joint recitation of holy Qura'n and joint 'Takbirs' would continue.

This gesture encouraged them and over a period of times the remaining two joint recitations were also terminated by use of filthy language and force. Our complaint about non implementation of a gentlemen agreement bore no fruit.

This was construed as yet another victory for Shabab group and an attempt was made to create law and order situation on the eve of Muslim New Year in 2007. Meetings were called by the city magistrate and the police and the Youth group was asked to forgo centuries old custom of erecting 'sabeels' (for serving drinking water and cold drinks) after sermons and communal dinners during Moharram.

Having won the third victory they moved on to the next. In February 2007 some people were asked to go to another masjid Known as Khanpura masjid on the pretext of offering prayers. Incidentally this masjid too is one of the suit masjids and the prayers here are led by the pesh Imams of Youth group. Since May 1984 the Shababs had deserted this masjid also as mentioned earlier. No Muslim could be refused entry in a mosque if he or she intends to offer prayers. They were therefore welcomed. But once inside they resorted to disturb the congregational prayers of Youth group and never attended prayers under Youth's Imams. They even brought their own Imam to lead the prayers for them These actions clearly amount to contempt of court. An FIR was lodged with the Gantaghar police station. The police after investigations filed a criminal case against those people. It had no effect on their behaviour.

The next target was again Moidpura and the time eve of the holy month of fasting in 2007. This time they wanted to expel the Youth group altogether. The district authority had to impose curfew for two days. As in the past meetings were called and a place was fixed at the entrance of the masjid for few male members of the Youth group and a small area nearby for the female members. It seems the next time around these namazis will be asked to offer their prayers out side the masjid and on the road.

Imposition of curfew and division of masjid space did not satisfy the miscreants. They broke open the lock of the store room of the managing committee and took away the amplifier and other things. An FIR is lying with the police without any information about its fate and the stores are yet to be relocated.

From the foregoing it is evident that on the name of maintaining law and order the Hon High Court's judgment is being altered and tailored to suit the intentions of the instigators belonging to Shabab group. What could not be achieved through legal routes is being attempted through other means.

This Conference takes serious view of what is elaborated above and condemn the efforts being made to alter the Judgment given by Hon. Rajasthan High Court on one hand and the repeated violent attacks against the peace loving people of Youth group.

Further this Conference Resolve to take up the matter with district and state authorities for taking appropriate administrative measures for enforcing implementation of the orders of Hon. Rajasthan High Court in their totality and bring to the notice of all concerned the following:

1. Aggressive and violent behaviours of miscreants be dealt with according to law of the land and should not be used as a pretext to extract concessions from the aggrieved party. It needs no elaboration that a civil court order is required to be implemented by the law enforcing agencies. Law courts do not have any other mechanism to get their orders implemented.
2. A mosque is the House Of God and every Muslim has a religious as well as a civil right of free access to any masjid. His or her faction or denomination has no effect on these rights.
3. To divide a masjid or making a sort of reservations for congregational prayers in it is totally un-Islamic and a condemnable action. Hence should not be encouraged.
4. In the light of the past experience and of the last one and half years in particular, prominent members from both the factions having command and control should be called in a meeting presided over by senior officers from the district administration and an undertaking be taken from them for not disturbing peace in the town. Positions on various FIRs filed are made known to all concerned.
5. It has been the practice of the police to call senior Jamaat leaders of the Youth group every now and then whenever any member of Shabab group lodges any complaint or raises a demand. This is totally unfair. If at all their presence is felt necessary in future, persons of equal standing should also be made present from the other group.

Proposed by: Mansoor Ali Bohra, Udaipur
Seconded by: Hibtullah Attari, Udaipur