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2013 Supreme(Cal) 554
HIGH COURT OF JUDICATURE AT CALCUTTA
PRANAB KUMAR CHATTOPADHYAY & MURARI PRASAD SHRIVASTAVA, JJ.
Bharatiya Janata Party & Others
Versus
The State of West Bengal & Others
W.P. Nos. 358 of 2012, 8662 (W) of 2012, 9163 (W) of 2012 & 11118 (W) of 2012 (Original Side)
Decided on: 02-09-2013
For the Petitioners:K. Chanda, Mrs. D. Bharadwaj, Debajyoti Adhikari, Ms. Sumitra Das, C.R. Panda, Bimal Kr. Moitra, S.K. Nath, Asis Sanyal, Sourabh Guha Thakurta, Arnab Roy, Bikash Ranjan Bhattacharya, Samim Ahammed, Abhijit Kumar Chowdhury, Pinaki Bhattacharya, Advocates.
For the Respondents:Jayanta Kumar Mitra, Tapan Kumar Mukherjee, Mrs. Debjani Roy, Nilotpal Chatterjee, Bimal Kr. Chatterjee, Ld. Adv. General, Md. Hasanuz Saman, R4, Md. Galib, Raj Sekhar Basu, Advocates, Somnath Bose, Union of India.
Headnote:
WRIT - CONSTITUTIONAL VALIDITY - GRANT OF HONORARIUM TO IMAMS AND MUAZZINS - CHALLENGED -RELIGIOUS CONSIDERATIONS - ARTICLES 14, 15(1), 25, 27, 166, 282 - WAKF ACT, 1995 - ALL INDIA IMAM ORGANIZATION & ORS. V. UNION OF INDIA & ORS. (1993) 2 SCC 2086 (REFERRED) - HELD, GRANT OF HONORARIUM TO IMAMS AND MUAZZINS BY THE STATE GOVERNMENT IS VIOLATIVE OF ARTICLES 14 AND 15(1) OF THE CONSTITUTION OF INDIA.
Fact of the Case:
In these writ petitions filed as Public Interest Litigation before the court, the constitutional validity of the decisions of the Govt. of West Bengal to grant honorarium to the Imams and Muazzins of different Mosques in the State of West Bengal has been challenged. The State Government issued a memorandum dated 9th April, 2012 whereby the Government has offered to give honorarium of Rs. 2,500/- per month to the Imams through Wakf Board. Challenge has also been made to the decision of the State Government to pay monthly honorarium of Rs. 1000/-to Muazzins of Mosques. In the case of payment of honorarium to the Muazzins, no government order had been issued. The Ministers of the West Bengal Government in the Cabinet Meeting held on May 2, 2012 took a decision for payment of monthly honorarium of Rs. 1000/- to the Muazzins.
Finding of the Court:
The court held that the grant of honorarium to Imams and Muazzins by the State Government is violative of Articles 14 and 15(1) of the Constitution of India. The impugned memorandum dated 9th April, 2012 issued by the State Government providing monthly honorarium to the Imams is quashed. The grant made by the State Government for payment of monthly honorarium to the Muazzins also cannot be approved by us since no government order was ever issued for payment of monthly honorarium to the Muazzins apart from the fact that such payment of honorarium is violative of Article 14, 15 (1) and 282 of the Constitution of India.
Issues: 1. Whether the grant of honorarium to Imams and Muazzins by the State Government is violative of Articles 14 and 15(1) of the Constitution of India? 2. Whether the impugned memorandum dated 9th April, 2012 issued by the State Government providing monthly honorarium to the Imams is valid?
Ratio Decidendi: 1. The State Government cannot spend any money for the benefit of few individuals of a particular religious community to the exclusion of the members of the other religious communities in view of specific provision of Article 15 (1) of the Constitution. 2. The grant of honorarium to Imams and Muazzins by the State Government is violative of Articles 14 and 15(1) of the Constitution of India since the State cannot discriminate on the ground of religion. 3. The impugned memorandum dated 9th April, 2012 issued by the State Government providing monthly honorarium to the Imams is quashed.
Final Decision: The writ petitions are allowed and the decision of the State Government with regard to payment of monthly honorarium to the Imams of the mosques, as mentioned in the impugned memorandum dated 9th April, 2012 and the subsequent decision taken in the meeting of the Cabinet on 2nd May, 2012 for making payment of honorarium to the Muazzins of mosques are quashed.
Pranab Kumar Chattopadhyay, J.
The Constitutional validity of the decisions of the Govt. of West Bengal to grant honorarium to the Imams and Muazzins of different Mosques in the State of West Bengal has been challenged in these writ petitions which have been filed as Public Interest Litigation before this court.
All these writ petitions involve similar facts and identical questions of law. Therefore, the writ petitions were heard analogously and are being disposed of by this common judgment.
In all these writ petitions legality, validity and propriety of the memorandum dated 9th April, 2012 issued by the Department of Minority Affairs & Madrasah Education, Govt. of West Bengal has been challenged whereby the State Government has offered to give honorarium of Rs. 2,500/- per month to Imams through Wakf Boad. Challenge has also been made to the decision of the State Government to pay monthly honorarium of Rs. 1000/-to Muazzins of Mosques. In the case of payment of honorarium to the Muazzins, no government order had been issued.
From the available records, we find that the Ministers of the State Government in the Cabinet Meeting took a decision to pay monthly honorarium of Rs. 1000/- to the Muazzins. In case of Imams however, a memorandum was issued by the Department of Minority Affairs and Madrasah Education, Govt. of West Bengal on 9th April, 2012 whereby the Government has offered to give honorarium of Rs. 2500/- per month to the Imams. The aforesaid memorandum dated 9th April, 2012 is set out hereunder :-
“Government of West Bengal
Department of Minority Affairs & Madrasah Education Writers’ Buildings, Kolkata – 700 001
No. 220/SMAME/L/12 Date : 09.04.2012
MEMORANDUM
Imams of Mosques hold a very respectable position in the Muslim Community. They play a leading role in mobilisation of the community for good purposes including health, hygiene, and education and for promotion of various Government Schemes. However, many Imams in respect of West Bengal are living in a very pitiable condition without proper income and educational opportunities for their children due to lack of any initiative on earlier occasion.
The Government has been considering for some time to initiate a package including payment of suitable honorarium to Imams of West Bengal.
The Government in the Department of Minority Affairs & Madrasah Education hereby constitute a ‘Task Force – for welfare of Imams’ headed by Hon’ble Justice (Retd.) Janab Md. Abdul Ghani, Chairperson, Board of Wakf, West Bengal and comprising of following members :-
1. Maulana Quari Fazlur Rahman Sb.
2. Maulana Sayed Nurur Rahman Barkati Sb.
3. Peerzada Maulana Md. Toha Siddiqui Sb.
4. Moulana Shafique Quasmi Sb.
5. Maulana Quari Md. Noor Alam Sb.
6. Maulana Sayed Athar Abbas Rizvi Sb. and
7. One Imam from each district – to be nominated by Chairperson, Board of Wakf
8. C.E.O. – Member Convenor
9. G. H. Obaidur Rahman, Joint Secretary, M.A. & M.E. Department as departmental representative.
The Task Force will utilise the services of District Magistrates, District Officers Minority Affairs, BDOs, E.Os. Of Municipalities as and when required.
The Government has offered to give honorarium of Rs.2,500/ per month to Imams through Wakf Board on receipt of recommendation in this regard from Task Force for welfare of Imams. Payment will be made through Bank Account.
The Task Force will submit its report within 2 (two) weeks regarding payment of honorarium.
The Imams of Mosques not enrolled with Board of Wakf will also be entitled to get this benefit. However, they will have to be registered initially with Board of Wakf for which the Board should start the process immediately. C.E.O., Board of Wakf will assess and send requirement of fund for honorarium and prepare a data base in the following format:
Name of Contact Period of Name Name Land If enrolled
Imam no. Service and and and Full Particulars with
qualification bank A/c No. address of of Masji
