MULLA IMRANBHAI ABDULHUSAIN Vs. JENUDDIN VALIBHAI VALIKARIMWALA

JUDGEMENT

(1.) xxx xxx xxx

(2.) xxx xxx xxx

(3.) Copy of the plaint of Regular Civil Suit No. 290 of 1983 which is placed on; record shows that a declaration has been sought to the effect that collection and receipt of the religious and non -religious taxes mentioned in paras 3, 7 and 8 of the plaint by the defendants, that is, "Aamil Saheb" present respondent No. 5 personally or through his servant and agents from Dawoodi Bohra community was contrary to the Muslim Law, unconstitutional, without right and arbitrary and that the defendant No. 5 was entitled to collect and/or receive the said taxes or similar taxes. In para 3 of the plaint, it is stated that the defendant "Aamil Saheb" performs religious ceremo nies and formalities on the occasions of births and deaths in the community and also delivers sermons and preaches to the congregations. Besides this, he recovers and receives from the people of the Dawoodi Bohra community, certain taxes which are described as religious and non -religious taxes. These are Zakatulmal, Khumas, Nazarul Maqam, Kafarat, Minnat Niyaz, Minnat Syedna Taher Saifuddin Saheb, Najwa Dais Zaman and Zakatul Fitar and Silatul Imam. According to the plaintiffs, the defendant had no legal right to recover or collect such taxes and as religious head, his duty was only to perform religious ceremonies and formalities. In para 8 of the plaint, it is alleged that besides collecting and receiving Zakat, etc. the defendant brings pressure on the people by adopting unconstitutional practices like social boycott and obstruction on the occasions of marriage and deaths and harasses people who do not pay or their families by social boycott. The case of the petitioners is that by the said suit which is filed under the guise of a representative suit, the plaintiffs are seeking to take away the petitioners' fundamental rights and obstruct them and other Dawoodi Bohras of Godhra from practising their religion. In para 10 of the petition, it is contended that the questions that arise for consideration are whether the right to freely profess, practise and propagate religion guaranteed under Article 25 of the Constitution includes the right to pay Zakat according to one's religious tenets and whether any other person has a right to such practice of religion and further whether Article 25 includes the right to have Zakat applied or distributed in accordance with ones religious tenets. The petitioners have also posed a question whether and/or receipt and/or application of Zakat is a purely religious matter under Article 25 and/or Article 26 of the Constitution of India and whether such payment, receipt and application of Zakat according to one's religious tenets is illegal or violative of any provision of the Constitution of India.