The Secretary/Chief Executive Officer
the instructions from and on behalf of lmams working in different categories of
mosques, i.e. All India lmam Organisation and others in Writ Petition (Civil)
No. 715 of 1993 titled as " All India lmam Organisation & Others v. Union
of India & Others" decided by Hon'bie Supreme Court of India, vide its
judgment and order dated 13.5.1993 and the Scheme filed by Government of-India
on 5.1.1996 pursuance of Hon'bie Supreme Court judgment dated 13.5.1993 and representation
made by my client.
I hereby call upon your to take notices of the following
1.That my clients are Imams working in different mosques of the country
for last decades.
2. That taking judicial notice of the objections raised
by different Wakf Boards including your and submission of my client. Hon'bie Supreme
Court by its judgment reported in AIR 1993 SC 2086 vide Annexure-
as under:- -
in the circumstances we aiion this petition and issue following
i. The union of India and the Central Wakf Board will prepare
a scheme within a peviod of six months in respect of different types of mosques,
dome detail of which has been furnished in the counter affidavit filed by the
Delhi Wakf Board.
ii. Mosques which are under control of the Government
shall not be governed by this order. But if their lmams are not paid any remuneration
and they have no inde 'r)endent income. The Government may fix their emoluments
on the basis as the Central Wakf Board may do for other mosques in pursuance of
iii. For other mosques, except those which are not registered
with the Board of their respective State or which are not manned by members of
Islamic faith the scheme shall provide for payment of remuneration to such lmams
taking guidance form the scale of pay prevalent in the State of Punjab and Haryana.
iv.The State Board shall ascertain income of each mosque the number and
nature of 1.mams required by it namely, full time of part time.
That shall also furnish guideline for payment to part time lmam.
all these mosques where full time lmams are working they shall be paid the remuneration
determined in pursuance of this order.
vii. Part time and honorary lmam
shall be paid such remuneration and allowance as is determined under the scheme.
viii.The Scheme shall also take into account those mosques which are small
or are in the rural area or are such as mentioned in the affidavit ovondicherry
Board and have no source of income and find out ways and means to raise its income.
ix. The exercise should be completed and the scheme be enforced within
x. Our order for payment to lmams shall come into operation
from 1 st December, 1993. In case the scheme is not prepared within the time allowed
then it shall operate retrospectivelyfrom 1 st December, 1993.
scheme framed by the CentralWakf Board shall be implemented by every State Board.
3. That Government of India and Central Wakf Council filed the scheme on 5.1.1996
vide Annexure-B in Pursuance of directions of Hon'bie Supreme Court after due
consultation with you in constitution to frame scheme in High Power Committee
under the Chairmanship of Minister of Welfare. In para 9 of Scheme, it was clearly
mentioned in regard of Administration of the Scheme, the responsibility r implementation
of this scheme shall be on appropriatewakf Board, but you have deliberated did
not implement the same.
4. That my client again moved Hon'bie Supreme
Court, where vide its order dated 22.B.1 997 it were ordered to take such recourse
available in law.
5. That my client made the representation date Nov.
1997 vide Andexure-D, asking for payment of scale as per scheme filed by Government
and Central Wakf Council in pursuance of Hon'bie Supreme Court judgment and order
6. That the Legal incid ence of the said judgment of
Hon'bie Court was that my client are entitled to get salary w.e.f. December, 1993
as per direction of Hon'bie Supreme Court.
7. That since you have failed
to confer the benefit of Judgment dated 16.5.1993 to my clients, for last more
than 4 year, my client were constrained to move to Hon'bie Supreme Court for appropriated
directions. My clients th'us have been suffering under mental agony and financial
hardships on such inordinate delay on your part.
8. That you have committed
wilful disobedience of judgment and order dated 13.5.1993 and deliberately violated
the directions of Hon'bie Supreme Court.
9. That the said act of your
amounts to interference with the administration of justice. You have therefore
have committed the contempt of Supreme. Court and are liable to be punished under
provisions of enshrined under Article 129 of the Constitutign of India read with
Section 12 of Contempt of Courts Act, 1971 with Supreme Court Rules to regulate
proceeding of contempt of the Supreme Court, 1995.
at on le Supreme Court in pursuance of its jurisdiction, may pass such decree
of may make such order as its necessary for doing completed justice in any case
or matter pending before it and any decree so passed of order so made shall be
enforceable throughout theterritory of India. This clauses give Supreme Court
wide powers to make decision enforceable.
I, therefore, through this notice
of mine call upon you expressly and impolitely to implement the judgment.and order
dated 13.2.1993 of Hon'bie Supreme Court as stated above and to con'ierthe benefit
flowing therefore making payment of salary w.e.f. December 1993 within 15 days
from today failing which 1 have instructions from my clients referred to above
to say that they shall be constrained to initiate appropriate legal proceedings
enshrined under Article 142, 129 of the Constitution of India and Section 12 of
Contempt of Courts Act, 1971 with Supreme Court Rules of regulate proceedings
for contempt of Supreme Court of 1975 for committing contempt of Hon'bie Supreme
Court under the circumstances in case of non-implementation of said judgment and
Do take notice accordingly.
Mukesh K. Girl Advocate
Supreme Court of India