The Central Info Fee (CIC) on Friday mentioned the Supreme Court docket’s 1993 order to pay remuneration to imams of mosques was in “violation of the Structure”, including that the order not solely set a “incorrect precedent” but in addition grew to become a purpose for an pointless political slugfest.
Whereas listening to an RTI utility filed by an activist demanding particulars of salaries to imams by the Delhi authorities and the Delhi Waqf Board, Info Commissioner Uday Mahurkar noticed that the Supreme Court docket’s order violated the constitutional provision that taxpayers’ cash is not going to be used for promotion and upkeep of a specific faith.
In 1993, a Supreme Court docket bench of justice RM Sahay, on a petition by the All India Imam Organisation, ordered the Waqf boards to pay ample salaries to imams of mosques.
The CIC order acknowledged that it was the coverage of giving “particular advantages to Muslim group earlier than 1947 that performed a key function in encouraging pan-Islamic and fissiparous tendencies in a bit of Muslims finally resulting in the nation’s partition”.
“So giving salaries to imams and others solely in mosques, quantities to not simply betraying the Hindu group and members of different non-Muslim Minority religions but in addition encouraging pan-Islamist tendencies amongst a bit of Indian Muslims that are already seen. Steps like giving particular spiritual advantages to Muslim group solely just like the one taken up within the current matter, in reality severely impacts interfaith concord as they invite contempt for the Muslims as an entire from a bit of extremely nationalist inhabitants,” it acknowledged.
The CIC directed {that a} copy of its order be despatched to the Union legislation minister with appropriate motion to make sure enforcement of provisions of articles 25 to twenty-eight of the Structure in letter and spirit to maintain all religions on a par by way of month-to-month remuneration to clergymen of various religions at the price of the general public exchequer, each central and states, and likewise different issues.
“With regard to the judgment by the Supreme Court docket within the case between the ‘All India Imam Organisation and … vs Union Of India And Ors’ on 13 Might, 1993, that opened the doorways to particular monetary advantages from public treasury to solely imams and muezzins in mosques, the fee observes that the best court docket of the nation in passing this order acted in violation of the provisions of the Structure, significantly Article 27, which says taxpayers cash is not going to be used to favour any specific faith,” Mahurkar mentioned within the order.
The commissioner additional famous that the mentioned judgment units a “incorrect precedent within the nation”. “… and has develop into some extent of pointless political slugfest and likewise social disharmony within the society”.
The fee directed the Delhi chief minister’s workplace to offer data on queries within the RTI utility, and likewise full data with all associated paperwork on honorariums being paid to imams and others in mosques within the Capital..
“The Fee additional directs CPIO, Delhi Wakf Board, to offer compensation of ₹25000/- to the appellant retaining in view the psychological agony he confronted and man hours and assets he misplaced as a result of stonewalling of the knowledge by DWB for nearly 9 months,” it mentioned.