Shri. N.Jahir Hussain And ORS v. The Andaman And Nicobar Administration And ANR

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/688/2024 Shri N. Jahir Hussain and Others Vs.

The Andaman and Nicobar Administration and Another Mr. Arul Prasanth ... for the petitioner Mr. N.A.Khan ... for the respondents December 13, 2024 [SR] Item no. 5 1.

The petitioners claim to be the worshippers of a Masjid by the name of Masjidun Noor Masjid. Request was made by one U. Nasar Khan in the month of August, 2023 before the Chief Executive Officer of the Wakf Board with a prayer for constitution of ad-hoc committee for conducting election and also for auditing the account of the Masjid.

2.

In response to the said request, the Chief Executive Officer, by a communication dated 14.08.2023, addressed to the Secretary of the Masjid regarding formation of new ad-hoc committee but the name of the Masjid was wrongly mentioned as Masjid-e-Noor.

3.

It is the submission of the petitioner that recording the incorrect name was deliberate and there is huge financial misappropriation taking place in the said Masjid. 4.

A complainant was made before the Chief Secretary of the Administration against the Chief Executive Officer who, according to the petitioner, is creating all the problem.

5.

A Suit being WT Case No.02 of 2024 has been filed before the Wakf Tribunal challenging the illegalities of the Chief Executive Officer and against the committee members. The said Suit is sub judice. An interim order dated 06.09.2024 has been passed by the Tribunal directing the defendants not to use the unofficial name of the Mosque in place of the official name till the disposal of the Suit.

6.

As an earlier representation before the Chief Secretary filed in November, remained undisposed, further representation was filed in the month of March, 2024. It is the specific submission of the petitioner that taking advantage of the incorrect recording of the name of the Masjid, the Chief Executive Officer and the committee members are continuing with the financial irregularities.

7.

Prayer has been made to direct the Chief Secretary of the Administration to take appropriate steps against the Chief Executive Officer to redress the issue.

8.

Learned advocate representing the respondent no.2 being the Chief Executive Officer of the Wakf Board denies the allegation of the petitioners.

9.

It has been submitted that the representation which was filed before the Chief Secretary was redirected to the Chief Executive Officer and a report has already been forwarded through the revenue section.

10.

An order dated 05.12.2024 by the Chief Executive Officer has been placed before this Court by the learned counsel representing the respondent no.2 wherefrom it appears that the

ad-hoc committee constituted vide letter dated 14.08.2023 has been dissolved.

11.

The order mentions that the mode of selection of the persons who can operate the account of Masjidun Noor opened on 26.06.2013 and subsequent follow up actions, such as, conducting membership drive and holding election for having regular committee shall be decided subject to the outcome of the Suit being WT No.02 of 2024.

12.

On hearing the parties, it appears that the representation filed before the Chief Secretary against the Chief Executive Officer has been redirected by the Chief Secretary to the Chief Executive Officer. It is not understandable as to how the Chief Executive Officer will conduct enquiry of the allegation made against him.

13.

The Chief Secretary ought to have taken steps to consider the representation against the Chief Executive Officer through a different authority and not by the same person against whom the allegation has been made.

14.

It is settled principle of law that one cannot be the judge of his own case. In the instant case, the Chief Executive Officer can certainly not judge the allegation leveled against him. 15.

In view of the above, the instant writ petition is disposed of by directing the Chief Secretary to consider the representations dated 20.11.2023 and 18.03.2024 strictly in accordance with law and upon giving prior opportunity of hearing to all the necessary parties and dispose of the same by passing a reasoned order at the earliest but positively within a

period of eight weeks from the date of communication of this order.

16.

Till a final decision is taken by the Chief Secretary, the bank account of the Masjidun Noor Masjid shall not be operated by any person whatsoever.

17.

The Chief Secretary shall decide as to whether the order restraint order for operation of the bank account of the Masjid shall continue or not.

18.

The writ petition is disposed of. There shall be no order as to costs.

19.

Since the writ petition is disposed of without calling for affidavits, the allegations made therein are deemed not to have been admitted by the respondents.

20.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Amrita Sinha, J. )