MUHIUDDIN Vs. ABDUL RAZZAK

JUDGEMENT

(1.) The petitioners have filed the present petition being aggrieved by the order dtd. 3/10/2012 whereby charges have been framed by the learned Court below under Sec. 68(2) of the Wakf Act, 1995 (hereinafter referred to as 'the Act') against the petitioners.

(2.) The petitioners were the erstwhile members of the Wakf Committee, who were removed by the order of the Wakf Board and were asked to handover charge to the respondents, who were members of the new Wakf Committee. As the petitioners herein had failed to do so, a complaint was preferred against them by the respondents herein, which is at page 15 of this petition as Annexure A/6. After having taken evidence under Sec. 200 Cr.P.C., the petitioners were summoned before the trial Court and thereafter the impugned order dtd. 3/10/2012 was passed which is Annexure A/2 and the charges framed pursuant thereto are Annexure A/2 and A/3 at page 11 and 12 with the petition. The operative portion of Annexure A/2 and A/3 which frames charge against the petitioners U/s.68(2) of the Act records that after the order of the Board dtd. 14/11/2011 was passed asking the petitioners herein to handover the charge and the documents and records in their possession to the new Wakf Committee, and upon their refusal to do so, the offence U/s.68(2) appears to have been committed and therefore charge against the petitioners was framed U/s.68(2) of the Act.

(3.) Heard the learned counsel for the parties. Learned counsel for the petitioners has submitted that the order framing charge is erroneous and is liable to be set aside, as Sec. 68(2) of the Wakf Act is not a punitive sec. but a procedural one wherein it is laid down that the outgoing committee shall handover the charge of the Wakf Committee to the newly appointed committee by the Board and in the event they fail to do so, an application was to be filed before the learned Judicial Magistrate First Class and it would be the Judicial Magistrate First Class who would then pass an order to the outgoing committee to act in the terms of sub-sec. (2) of Sec. 68, whereby it would be necessary to handover the documents and the records in the custody of the outgoing committee, to the new committee. If even after the passing of such an order by the learned J.M.F.C, the outgoing committee failed to comply with the order, then an offence under sub-sec. (3) of Sec. 68 of the Act would be committed which would expose the offenders to a maximum jail term of six months or fine which may extend to eight thousand rupees or with both. Sub-sec. (4) of Sec. 68 makes it amply clear that in the proceedings before the J.M.F.C., under sub-sec. (2) of Sec. 68, the order of the Wakf Board shall not be called into question either for its competence or legality.