JUDGMENT

R. M. SAHAI, J.:—Imams, incharge of religious activities of the mosque #1 have approached this Court by way of this, representative, petition under Article 32 of the Constitution for enforcement of fundamental right against their exploitation by Wakf Boards. Relief sought is direction to Central and State Wakf Boards to treat the petitioner as employees of the Board and to pay them basic wages to enable them to survive. Basis of claim is glaring disparity between the nature of work and amount of remuneration. Higher pay scale is claimed for degree holders.

2. Imams perform the duty of offering prayer (Namaz) for congregation in mosques. Essentially the mosque is a centre of community worship where Muslims perform ritual prayers and where historically they have also gathered for political, social and cultural functions.#2 The functions of the mosque is summarised by the 13th Century Jurist Ibn Taymiyah as a place of gathering where prayer was celebrated and where public affairs were conducted. #3 All mosques are where Muslim men on an equalitarian basis rich or poor, noble or humble, stand in rows to perform their prayers behind the Imam. #4 Imams are expected to look after the cleanliness of mosque, call Azans from the balcony of the minarets to the whole religious meetings and propagate the Islamic faith. They are expected to be well versed in the Shariat, the holy Quran, the Hadiths, ethics,. philosophy, social, economic and religious aspects. Imam or prayer leader is the most important appointee. In the early days the ruler himself filled this role; he was leader (Imam) of the government of war, and of the common Salat ("ritual prayer"). Under the Abbasids, when the caliph no longer conducted prayers on a regular basis, a paid Imam was appointed. While any prominent or learned Muslim can have the honor of leading prayers, each mosque specifically appoints a. man well versed in theological matters to act as its Imam. He is in charge of the religious activities of the mosque, and it is his duty to conduct prayers five times a day in front of Mihrab.#5

#1. to #5. The Encyclopedia of Religion Vol. 10 p. 121-122

3. On nature of the duties performed by the Imams there is no dispute. But both the Union of India and various State Wakf Boards of different States which have put in appearance in response to the notice issued by this Court have seriously disputed the manner of their appointment, right to receive any payment and absence of any relationship of master and servant. It is stated that the Imams or Muazzins are appointed by the Mutwallis. According to them the Wakf Boards have nothing to do either with their appointment or working. It is claimed that under Islamic religious practice they are not entitled to any emoluments as a matter of right as the Islamic law ordains the Imams to offer voluntary service. They are said to be paid some money out of the donations received in mosques or by the Mutwallis of the Boards. Their job is stated to be honorary and not paid. Nature of duty under Islamic Shariat is stated to lead prayers which is performed voluntarily by any suitable Muslim without any monetary benefit. Some of the affidavits claim that they are appointed by people of the locality. The Union Government has specifically stated that the Islam does not recognise the concept of priesthood as in other religions and the selection of Imams is the sole prerogative of the members of the local community or the managing committee, if any, of the mosque. According to Karnataka Wakf Board Imamat in the mosque is not considered to be employment. The allegation of the petitioners that due to meagre payment they are humiliated or insulted in the society, is denied and it is claimed that they are respectable persons who carry on the duty of Imamat as a part of religious activity and not for earning bread and butter. The Delhi Wakf Board pointed out that the honorarium is paid to an Imam as a consideration for his five time presenc