MOHD JAMEEL-UR-REHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court through this petition under Article 226 of the Constitution with a prayer that a writ in the nature of mandamus be issued directing the Union of India to "trifurcate the assets and liabilities of Punjab Wakf Board among the States of Punjab, Haryana and Himachal Pradesh . ..." He further prays that a writ of mandamus be issued directing the concerned States to constitute their "Wakf Boards in accordance with Chapter IV of the Wakf Act, 1995

(2.) Written statements have been filed by different respondents. It has been suggested that the petitioner has no locus standi to file the petition. It has been further pointed out that there is no cause of action which may entitle the petitioner to maintain this petition. The respondents also point out that the action of Union Government in not trifurcating the assets of the Board is in conformity with the provisions of Section 72 of the Punjab Reorganisation Act, 1966 as also Section 106 of the Wakf Act, 1995. In the written statement filed on behalf of respondent Nos.5 to 7 and 9 it has been inter alia averred that the Central Government had convened a meeting "of Ministers in charge of the subject of wakf from the 3 constituent States, namely, Punjab, Haryana and Himachal Pradesh and also the Administrator, Union Territory, Chandigarh. Since no consensus could be arrived at (in) the said meeting held in New Delhi under the Chairmanship of Union Welfare Minister on 27.8.1996, it was decided that for the time being the composite Wakf Board may continue.

(3.) A separate written statement has also been filed on behalf of the State of Haryana. It has been pointed out that "as compared to Punjab the Wakf properties in Haryana are less". On the other hand the Muslim population in Haryana is far more than that of Punjab. Thus, in the interest of Muslim population of State of Haryana, it will not be just and proper to trifurcate the assets and liabilities of the present Punjab Wakf Board, as it is equally serving the interest of the Muslim population residing in the States of Punjab, Haryana and Himachal Pradesh. In Annexure R-3/1 attached to this reply to the writ petition, a detailed analysis has been given. It has been inter alia pointed out that Muslim population in Punjab is only 3 lacs. In Himachal Pradesh it is 1 lac. In the Union Territory, Chandigarh the number of Muslim is 20,000. The Muslim population in the State of Haryana is said to be 9.50 lacs. H has also been pointed out that the expenditure of Imams etc. is more than Rs.35.00 lacs for Haryana while it is only Rs.14 to 15 lacs in Punjab.