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Appointment of Mutawalli to Dargah kicks up row
The appointment of Mutawalli (manager) to Dargah Hazrat Yusufain in Nampally is snowballing into a controversy. The locals, who sent several letters to the office of the Chief Minister, Secretary (Muslim Minorities’ Welfare) and Chief Executive Officer (CEO) of Wakf Board, alleged that the Wakf Board had violated the Act.
Locals say Wakf Board violates the Act while appointing the new Mutawalli
Hyderabad: The appointment of Mutawalli (manager) to Dargah Hazrat Yusufain in Nampally is snowballing into a controversy. The locals, who sent several letters to the office of the Chief Minister, Secretary (Muslim Minorities’ Welfare) and Chief Executive Officer (CEO) of Wakf Board, alleged that the Wakf Board had violated the Act.
This city’s famous shrine, which comes under Wakf Board, has been in news since its Sajjada (Spiritual Successor) and the Mutawalli, Mohammed Faisal Ali Shah was suspended by former Special Officer of AP Wakf Board S M Iqbal in 2014 over “financial irregularities.” But in the recent months, many have raised their eyebrows over the way Syed Shah Hassan Shabbir (who is also Sajjada of Rouza Munavare Khurd, Gulbarga, Karnataka) was appointed as new Mutawalli of the Dargah.
Though the Board is not authorised to appoint Mutawalli, it has taken a decision appointing Syed Shah Hassan Shabbir as Mutawalli. Apart from it, the Board had earlier suspended a Mutawalli on certain charges. It is said that a new Mutawalli cannot be appointed when someone in the post is under suspension.
The suspended Mutawalli’s case is pending with Wakf Tribunal. They cited section 64 (2)of Wakf Act 1995, which said, ‘The removal of a person from the office of the Mutawalli shall not affect his personal rights, if any, in respect of the Wakf property either as a beneficiary or in any other capacity or his right, if any, as a Sajjadanashin’.
“At this juncture, if the Board desires to appoint a person to manage Wakf Institution, it is obligatory for the Board authorities to approach the Tribunal for appointment of a receiver (caretaker under law) as per the Act, but not the Sajjada himself,” says Md Manzoor Ahmed, a local activist, responsible for the letters. Appointment of the new Mutawalli is questioned, since Section 63 of Wakf Act provides power to appoint Mutawallis only in certain cases.
“When there is a vacancy in the office of the Mutawalli of a Wakf and there is no one to be appointed under the terms of the deed of the Wakf, or where the right of any person to act as Mutawalli is disputed, the Board may appoint any person to act as Mutawalli for such period and on such conditions as it may think fit,” the Section 63 says.
However, the officials of Wakf Board continued to take refuge under section 63 of the Wakf Act. “We have appointed the new Mutawalli under section 63 of the Wakf, temporarily. Whatever the decision taken is gone to the Vigilance Cell and till now, we were not questioned over the legality of it. No court, be it Tribunal or something else also did not question. His appointment is only for management of day-to-day activities,” said the CEO, Md Asadullah.
By:Md Nizamuddin
