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HC issues notices on ousted Hazratbal imam’s plea, directs consideration of 2024 representation

Srinagar, Sept 18 (UNI) The High Court of Jammu and Kashmir and Ladakh at Srinagar has issued notices to authorities on a plea by the ousted imam of Hazratbal shrine, who was removed in 2024 after presiding over an alleged forced conversion of a Hindu man.
The Court also directed the respondents to consider, in accordance with rules, a representation submitted by the ousted Imam, Dr Kamal-ud-Din Farooqui, in June 2024, against his removal.
The direction was passed by High Court on September 15 in a petition filed by Farooqui, challenging his continued exclusion from his duties at the Hazratbal shrine.
The petition, challenges an April 8, 2024 order of the Jammu and Kashmir Waqf Board relieving him from the post of Imam-o-Khateeb pending an enquiry.
According to the petition, Farooqui, a former professor at Sher-e-Kashmir University of Agricultural Sciences and Technology and Professor Emeritus, was performing his duties at Hazratbal when a person wishing to embrace Islam was brought before him shortly before prayers on April 5, 2024.
Farooqui has claimed that he had no prior connection with the individual and neither brought nor persuaded him to embrace Islam.
He has stated that he publicly asked the person whether his decision was voluntary and free from force, threat, coercion, pressure or inducement, following which the individual affirmed his willingness before reciting the Kalima Shahadah.
The Waqf Board, headed by BJP leader Dr Darakhshan Andrabi, subsequently on April 8, relieved Farooqui of his duties and constituting an enquiry committee, with directions to submit a factual report within seven days.
Farooqui has challenged the action, contending that the order referred to the incident as a “forcible conversion” even before completion of the proposed enquiry. He has alleged that he was neither served a show-cause notice nor given an opportunity to explain his position, describing the action as contrary to principles of natural justice.
The petitioner has further claimed that the enquiry report or any final finding has not been communicated to him and that his exclusion from the shrine has continued indefinitely.
Before the High Court, Farooqui has sought quashing of the April 8 order, restoration to the post of Imam-o-Khateeb, disclosure of the enquiry report and related proceedings, besides consequential benefits.
Alternatively, he has sought an independent and time-bound reconsideration after being supplied the material relied upon and being given an opportunity of hearing.
As per the High Court order, notice to respondents 2 to 4 and 7—Jammu and Kashmir Waqf Board through its Chief Executive Officer, Waqf Board Chairperson Dr Darakhshan Andrabi, Executive Magistrate (Tehsildar), J&K Waqf Board, and Administrator/In-charge, Aasar-i-Shareef Hazratbal—was waived by their counsel. The said respondents sought time to file their reply/objections, which was granted by the court, with a direction to furnish an advance copy to the petitioner before the next date of hearing.
Notice to the remaining respondents—respondent No. 1, union Territory of Jammu and Kashmir through Principal Secretary, Home Department; respondent No. 5, Senior Superintendent of Police, Srinagar; and respondent No. 6, Station House Officer, Police Station Nigeen—was directed to be made returnable on the next date, subject to the petitioner taking necessary steps for service.
“In the meantime, respondents/non-applicants are directed to consider the representation, stated to have been made by the petitioner on 12.06.2024, under rules,” the court said.
The matter has been listed for hearing on October 14.
UNI MJR ARN
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