Sharad Kumar Sharma, J.

Flourieth Almamater our Country.

1. This noble country of ours which has many old traditions and legendary history of honesty towards religion and religious institutions and perseverance to religion, we are privileged to have one of the most pious and ancient Shrine in the World, which is almost now about 737 years old, which finds its existence from the regime of Mughal Emperor Shahjahan or even for a period prior to it, but still fresh in our bosom still alive forever. The Holy Shrine was bestowed with a large tract of land for the maintenance and upkeep of this pious Shrine called as “Dargah Hazrat Allauddin Ali Ahmad Sabir”, which is situated in Village Peeran-E-Kalyar, hence, with the passage of time, it is also called as Dargah Sharif Peeran-E-Kalyar (hereinafter to be called as “Dargah”.

2. The devotees of all castes, colour, creed and religions have unbounded trust and faith in the Shrine, irrespective of their birth, irrespective of their castes, irrespective of their religion, irrespective of their trait. Since time immemorial, this Dargah and its management has been vested over to the body constituted under the Wakf Act. Its management is regulated and controlled by the Chief Executive Officer who only functions as a representative of the Shrine. He has one of the most pious objective of his life and pious responsibility to ensure that Dargah and its affairs and management is in the wider interest of the Shrine as well as in the wider interest of the devotees visiting the Shrine, he owes the responsibility for an honest discharge of duties attached to his office.

3. Gradually, with the passage of time, as the materialism dissolved in the vein of humanity, men parted of humanities and had became economist, their lust became unbounded and human being have left no stone unturned to enrich their coffers, by all modes, not even sparred pious deities, being oblivions of the fact that they discharge an honorous pious duty towards the Almighty (Allah) has given them as a honorous duty to discharge and they will have to answer their sins.

4. With the enforcement of the Wakf Act, its prime object as provided in the Wakf Act, 1954 was and to provide for better administration and supervision of the Wakfs, which were included in the list of Wakfs under the Act as enacted in 1954. Despite of the best efforts of Legislature to ensure codification of law, in relation to the management of Wakfs, still after being engaged in day-to-day functions of the Wakfs, it was found that despite of all care and diligence, there have been certain loopholes under Law and many deficiencies were witnessed in the management of the Wakf applying the provisions of the Wakf Act, 1954 and setting up of the Wakf Board.

5. The Legislature for removing the deficiencies as experienced by the Act of 1954, sought an amendment in the Act and three amendments were carried out in 1954, 1964 and 1969. But this too with gradual practical existence failed in its intention to achieve the object of the Wakf and to maintain its solemn object of having a sound, clean and fair administration of the Wakfs enlisted under the Act. Yet again, a comprehensive amendment was made in the Act of 1954 by bringing out the Amendment Act in 1984. The necessity of 1984 Amendment was based on the Wakf Inquiry Committee report and its recommendation. The said process, it was observed that with the change of lifestyle of the people and aspiration of becoming to be enriched fortnightly, it has been witnessed that more corruption of squandering of money donated to the Shrine for holy purpose and its mis-utilisation for personal benefits either by the Chairman of the Board or by Mutawalli or such officers who are in the helm of the affairs of the Wakf, or in any religions of our country has become a common feature.

6. The leadership of the Muslim Community did not accede to the request as made by the Committee comprising the Management of 1984, and, they decided