New Delhi: Supreme court A petition seeking to summon the trust deed of the Indo Islamic Cultural Foundation (IICF) set up by Sunnis was dismissed on Monday. waqf board, to build the mosque-hospital complex in Ayodhya in five acres of land and termed it as interference in the 2019 Ram Janmabhoomi-Babri Masjid land dispute verdict.
The petition challenged the order of the Allahabad High Court which had dismissed an application for summoning the trust deed of IICF.
On November 9, 2019, the apex court in a unanimous landmark judgment had cleared the way for the construction of a Ram temple at the disputed site in Ayodhya and directed the Center to allot a five-acre plot for the construction of the Sunni Waqf Board. Mosque
A bench of Justices DY Chandrachud and BV Nagarathna said it was not going to interfere with the June 14 order of the High Court and dismissed the petition.
“We are not inclined to entertain special leave petition Under Article 136 of the Constitution. The special leave petition is accordingly dismissed”, the bench said.
It said, “This petition is for interference in our Ayodhya verdict. Sorry, we are not going to interfere with the High Court order. Thus litigation has become a gamble.”
The High Court had on June 14 this year refused to direct the Sunni Waqf Board to summon records including the trust deed. Nadeem Ahmadi and others.
The petitioners have sought quashing of the constitution of the trust and sought to summon those records of the trust which are claimed to be in possession. Sunni Central Board of Wakfi.
He has claimed in a PIL before the High Court that the Waqf Board, whose tenure was extended by the state government from time to time, neither has the authority to form a trust nor to utilize the five acres of land given to it. There is no right. on the directions of the Supreme Court.
He has alleged that the Waqf Board is not supplying the certified copy of the deed of trust and it is impossible to produce them in the court.
The petitioners referred to the apex court’s 1984 judgment that it is necessary to depart from adverse process in a PIL and evolve a new procedure to make it possible to bring before the court the necessary material for enforcement of fundamental rights. Law.
“In the present case the petitioners have brought concrete material in the form of various news reports and from their website of the said trust to produce secondary evidence before the court regarding the constitution of the said trust and it is not possible for the petitioners to file the trust deed. To produce the copy which is in the possession of the Waqf Board, which is not producing it before the court,” the petition said.
Appeal filed through Advocate Shashank Singh Said that the only option left with the petitioners was to apply under the Right to Information Act and apply for a certified copy of the trust deed, but in spite of these requests, the Waqf Board has not supplied the same.
“In the circumstances, the High Court should have allowed the application for summoning of record and directed the respondent Waqf Board and other defendants to produce the trust deed before the court or issued directions to the Waqf Board to supply The petitioners should have been given certified copy of the same,” the petition said.
Terming the dismissal of the petition as “illegal and arbitrary”, the plea said that the High Court had acted illegally and failed to exercise the jurisdiction vested in it.
On June 14, the High Court had given liberty to the petitioners to file the documents related to the trust deed and other related material before the court within four weeks.
It had said that within four weeks the petitioners would file the trust deed, which sought quashing and if it was not done, the writ petition for non-compliance of the court’s order would be dismissed.
The High Court has directed to list the PIL on July 25 but said that if the order is not complied with within four weeks, the petition will not be listed.
The petition challenged the order of the Allahabad High Court which had dismissed an application for summoning the trust deed of IICF.
On November 9, 2019, the apex court in a unanimous landmark judgment had cleared the way for the construction of a Ram temple at the disputed site in Ayodhya and directed the Center to allot a five-acre plot for the construction of the Sunni Waqf Board. Mosque
A bench of Justices DY Chandrachud and BV Nagarathna said it was not going to interfere with the June 14 order of the High Court and dismissed the petition.
“We are not inclined to entertain special leave petition Under Article 136 of the Constitution. The special leave petition is accordingly dismissed”, the bench said.
It said, “This petition is for interference in our Ayodhya verdict. Sorry, we are not going to interfere with the High Court order. Thus litigation has become a gamble.”
The High Court had on June 14 this year refused to direct the Sunni Waqf Board to summon records including the trust deed. Nadeem Ahmadi and others.
The petitioners have sought quashing of the constitution of the trust and sought to summon those records of the trust which are claimed to be in possession. Sunni Central Board of Wakfi.
He has claimed in a PIL before the High Court that the Waqf Board, whose tenure was extended by the state government from time to time, neither has the authority to form a trust nor to utilize the five acres of land given to it. There is no right. on the directions of the Supreme Court.
He has alleged that the Waqf Board is not supplying the certified copy of the deed of trust and it is impossible to produce them in the court.
The petitioners referred to the apex court’s 1984 judgment that it is necessary to depart from adverse process in a PIL and evolve a new procedure to make it possible to bring before the court the necessary material for enforcement of fundamental rights. Law.
“In the present case the petitioners have brought concrete material in the form of various news reports and from their website of the said trust to produce secondary evidence before the court regarding the constitution of the said trust and it is not possible for the petitioners to file the trust deed. To produce the copy which is in the possession of the Waqf Board, which is not producing it before the court,” the petition said.
Appeal filed through Advocate Shashank Singh Said that the only option left with the petitioners was to apply under the Right to Information Act and apply for a certified copy of the trust deed, but in spite of these requests, the Waqf Board has not supplied the same.
“In the circumstances, the High Court should have allowed the application for summoning of record and directed the respondent Waqf Board and other defendants to produce the trust deed before the court or issued directions to the Waqf Board to supply The petitioners should have been given certified copy of the same,” the petition said.
Terming the dismissal of the petition as “illegal and arbitrary”, the plea said that the High Court had acted illegally and failed to exercise the jurisdiction vested in it.
On June 14, the High Court had given liberty to the petitioners to file the documents related to the trust deed and other related material before the court within four weeks.
It had said that within four weeks the petitioners would file the trust deed, which sought quashing and if it was not done, the writ petition for non-compliance of the court’s order would be dismissed.
The High Court has directed to list the PIL on July 25 but said that if the order is not complied with within four weeks, the petition will not be listed.
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