NOTICE
TO
The Secretary/Chief Executive Officer
Wakf Board
1 Under the instructions from and on behalf of lmams working in different categories of mosques, i.e. All India lmam Organisation and others in Writ Petition (Civil) No. 715 of 1993 titled as " All India lmam Organisation & Others v. Union of India & Others" decided by Hon'bie Supreme Court of India, vide its judgment and order dated 13.5.1993 and the Scheme filed by Government of-India on 5.1.1996 pursuance of Hon'bie Supreme Court judgment dated 13.5.1993 and representation made by my client.
I hereby call upon your to take notices of the following
1.That my clients are Imams working in different mosques of the country for last decades.
2. That taking judicial notice of the objections raised by different Wakf Boards including your and submission of my client. Hon'bie Supreme Court by its judgment reported in AIR 1993 SC 2086 vide Annexure-
A held as under:- -
in the circumstances we aiion this petition and issue following directions:
i. The union of India and the Central Wakf Board will prepare a scheme within a peviod of six months in respect of different types of mosques, dome detail of which has been furnished in the counter affidavit filed by the Delhi Wakf Board.
ii. Mosques which are under control of the Government shall not be governed by this order. But if their lmams are not paid any remuneration and they have no inde 'r)endent income. The Government may fix their emoluments on the basis as the Central Wakf Board may do for other mosques in pursuance of our order.
iii. For other mosques, except those which are not registered with the Board of their respective State or which are not manned by members of Islamic faith the scheme shall provide for payment of remuneration to such lmams taking guidance form the scale of pay prevalent in the State of Punjab and Haryana.
iv.The State Board shall ascertain income of each mosque the number and nature of 1.mams required by it namely, full time of part time.
v. ForthefulitimePunjabWakfBoardmaybetreatedasaguideline. That shall also furnish guideline for payment to part time lmam.
vi In all these mosques where full time lmams are working they shall be paid the remuneration determined in pursuance of this order.
vii. Part time and honorary lmam shall be paid such remuneration and allowance as is determined under the scheme.
viii.The Scheme shall also take into account those mosques which are small or are in the rural area or are such as mentioned in the affidavit ovondicherry Board and have no source of income and find out ways and means to raise its income.
ix. The exercise should be completed and the scheme be enforced within six months.
x. Our order for payment to lmams shall come into operation from 1 st December, 1993. In case the scheme is not prepared within the time allowed then it shall operate retrospectivelyfrom 1 st December, 1993.
xi.The scheme framed by the CentralWakf Board shall be implemented by every State Board.
3. That Government of India and Central Wakf Council filed the scheme on 5.1.1996 vide Annexure-B in Pursuance of directions of Hon'bie Supreme Court after due consultation with you in constitution to frame scheme in High Power Committee under the Chairmanship of Minister of Welfare. In para 9 of Scheme, it was clearly mentioned in regard of Administration of the Scheme, the responsibility r implementation of this scheme shall be on appropriatewakf Board, but you have deliberated did not implement the same.
4. That my client again moved Hon'bie Supreme Court, where vide its order dated 22.B.1 997 it were ordered to take such recourse available in law.
5. That my client made the representation date Nov. 1997 vide Andexure-D, asking for payment of scale as per scheme filed by Government and Central Wakf Council in pursuance of Hon'bie Supreme Court judgment and order dated 13.5.1993.
6. That the Legal incid ence of the said judgment of Hon'bie Court was that my client are entitled to get salary w.e.f. December, 1993 as per direction of Hon'bie Supreme Court.
7. That since you have failed to confer the benefit of Judgment dated 16.5.1993 to my clients, for last more than 4 year, my client were constrained to move to Hon'bie Supreme Court for appropriated directions. My clients th'us have been suffering under mental agony and financial hardships on such inordinate delay on your part.
8. That you have committed wilful disobedience of judgment and order dated 13.5.1993 and deliberately violated the directions of Hon'bie Supreme Court.
9. That the said act of your amounts to interference with the administration of justice. You have therefore have committed the contempt of Supreme. Court and are liable to be punished under provisions of enshrined under Article 129 of the Constitutign of India read with Section 12 of Contempt of Courts Act, 1971 with Supreme Court Rules to regulate proceeding of contempt of the Supreme Court, 1995.
10.ThatArticiel42oftheConstitutionofindiaclearlystatest at on le Supreme Court in pursuance of its jurisdiction, may pass such decree of may make such order as its necessary for doing completed justice in any case or matter pending before it and any decree so passed of order so made shall be enforceable throughout theterritory of India. This clauses give Supreme Court wide powers to make decision enforceable.
I, therefore, through this notice of mine call upon you expressly and impolitely to implement the judgment.and order dated 13.2.1993 of Hon'bie Supreme Court as stated above and to con'ierthe benefit flowing therefore making payment of salary w.e.f. December 1993 within 15 days from today failing which 1 have instructions from my clients referred to above to say that they shall be constrained to initiate appropriate legal proceedings enshrined under Article 142, 129 of the Constitution of India and Section 12 of Contempt of Courts Act, 1971 with Supreme Court Rules of regulate proceedings for contempt of Supreme Court of 1975 for committing contempt of Hon'bie Supreme Court under the circumstances in case of non-implementation of said judgment and order.
Do take notice accordingly.
Mukesh K. Girl Advocate
Supreme Court of India