Wrong Precedent, Says Central Info Commissioner on SC's 1993 Order Giving Financial Benefits to Imams
News 18Authoring an order in an appeal pertaining to an RTI application to the Delhi Waqf Board, Central Information Commissioner Uday Mahurkar recently observed that the highest court of the country, in passing the judgment in ‘All India Imam Organisation And Ors vs Union Of India And Ors’ on May 13, 1993, acted in violation of the provisions of the Constitution. Stressing the side effects of such actions, he wrote: “Steps like giving special religious benefits to Muslim community only like the one taken up in the present matter in fact severely affect inter-faith harmony as they invite contempt for Muslims as a whole from a section of ultra-nationalist population.” The commissioner was dealing with the second appeal in connection with an RTI application filed by activist Subhash Chandra Agrawal seeking details pertaining to the salaries of Imams and helpers in mosques in Delhi that are paid by the Delhi Waqf Board. The Law Officer of DWB also apprised the commission that as per the 1993 order of the top court by Justice Sahai, it is the responsibility of the state and Delhi Waqf Board to maintain Imams and others. While directing the DWB and the CM’s office to furnish complete and detailed information as sought by the applicant, the commissioner held: “Those who justify such steps in the name of protection to religious minorities raise a question that if a particular religious minority has a right to protection, the majority community too has a right to protection in a multi-religious country where it is incumbent that the rights of the members of all religions are protected equally in the interest of inter-faith harmony and unity of the nation”.
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