MAULANA KURESHI GULAM MUSTAFA Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioner is a Mutawalli of Kasaiwada Masjid Trust, Bharuch, in the State of Gujarat. By this petition, he has challenged the provisions of the Wakf Act, 1995 (Act 43/95) which received the assent of the President on 22.11.1995 and it came into force in the State of Gujarat with effect from 02/12/1996.

(2.) . The main ground of challenge to the provisions of sections 13, 14, 32(a), 38, 61, 72 and 104 of the Act is that in the constitution of the Wakf Board, believers of Muslim faith have been divided into two broad categories 'Sunnies' and 'Shias' in their respective Wakfs. The provisions of the Act have failed to recognise the fundamental differences between distinct and predominant sect of Muslims popularly known as 'Sufi Silsilas'. In this sect of Sufies are included AHLE SUNNAT - alias SUNNI, SUFIS, DARGAHIS, BARELVI alias KADRI, CHISTI, SOHARVARDI, NAKSHABANDI, RIFAIYA, MADARIA, NIZAMI, SABRI, RAZVI, ASHRAFI, WARSI, etc. In the petition, this sect of Sufies Silsilas is shortly described as SSDB. For the purpose of convenience, we shall describe these Sufi Silsilas as 'Sufis'. It is submitted that the Wakf Act recognises only two sects of Muslims 'Sunnies' and 'Shias' which include orthodox sect of Muslim believers known as 'Wahabis' alias Non-Dargahi, Devbandhis (described by the petitioner in short as WNDD). Sufis have not been given any recognition or representation on the Wakf Board. Learned senior counsel Mr. Beri appearing for the petitioner took great pains by placing before us books and literature to explain the difference between two broad sects, 'Sunni' and 'Shias' and other two sects viz., 'sufies' and 'wahabis'. It is submitted that sufis are refined followers of Muslim religion, but, they observe religious ceremonies and practices not observed by Muslims of other sects. They are opposed by 'Wahabis'. The important religious ceremonies and practices of Sufies are as follows :

(3.) . It is submitted that the above mentioned rituals and practices prevailing in 'Suffis' are integral part of their sect.