Saturday, October 10, 2009

Inter Islamic Sect Relationship








Difference between main-sect Muslims and other sects:Islam is a religion based on fixed believes on (1)Allah, His divine (2)books (Tohra, Bible and Qur’an), His (3)angels, His (4)messengers (David, Moses, Jesus Christ and last Prophet Muhammad etc), (5)destiny of men and universe, (6)doomsday and the day of (7)judgement, as reported from the teachings of Prophet Muhammad. Believe details are available in Islamic jurisprudence books. From first Hijri Century till the current date, these believes bear striking similarity among the main sect (Ahle Sunnat wal Jama’t) worldwide.

● According to centuries old consensus among Islamic scholars, anybody tempering with the Islamic believes wholly or partially shall be treated as heretic. The group of similar heretics shall be known as bad-sect. Current example: Wahhabi and Deobandi sects with global presence, which have tempered with some believes about Prophet Muhammad.

●As per Prophet Muhammad foretells, there shall be only one main sect out of seventy two bad-sects. Scores of bad-sects have emerged in past with different names assigned to them in jurisprudence books.



Commands of Prophet Muhammad to main sect Muslims on their relationship with other sect Muslims:1- ‘Don’t visit to heretics to inquire their well-being if they fell ill, don’t join their funeral procession if they die, don’t salute them when you meet, don’t join their company, don’t share with them while dining and drinking water, don’t make marital relationship with them, don’t join the funeral prayer for a dead heretic and don’t join daily prayer with them.’

(Refer to Hadith books:Muslim, Abu Daud, Ibn-e-Maja)

2- ‘If you meet a heretic, don’t show love, because Allah takes every heretic as his enemy.’

(Ref: Ibn-e-Asakir)




Commands of Abdul Wahhab Najadi, the father-originator of Wahhabi sect to his followers:
‘As all of you understand very clearly that their (main sect’s) monotheistic belief on Allah does not entertain them as Muslim, since their (polytheistic) act of seeking mediation (an Islamic faith-act, prevalent worldwide) has lawfully justified (for us) to move to their murder and loot.’
(Ref: Kashf-ush-shub-hat, Muhammad Bin Abd-al-wahhab Najadi, page 21, Riadh print)



Amir Ajmal Kasab on ‘father’ of wahhabi-sect footing-
Q: Sketch artist: ‘Kasab! Why did you do all this’?
A: ‘Because I hate (1)worshippers of idol standing erect as well as (2)worshippers of idol lying horizontal.’

1- Hindus.
2- Main sect Muslims seeking mediation on dead sufi grave.


Making a cross sign between finger and pencil, this is what Kasab told to a Muslim artist, assigned for his pencil sketch in Mumbai jail.

Source: A pir of Chishti-Ashrafi order, the artist’s spiritual guru.






Thursday, June 25, 2009

Wahhabi Islam and International Terrorism








The roots of Al-Qaida network are not to be found in the poverty and oppression of Arab regimes, nor in America’s global economic dominance nor in our support for the state of Israel. Instead, Osama Bin Laden and his followers come from and belong to a puritanical variant of Islam known as Wahhabism.
Stephen Schwartz- "The Two Faces of Islam”.


Q1. What are the terms wahhabi and wahhabism?
A.
As Oxford Dictionary’s tenth edition defines: Wahhabi is a member of a strictly orthodox Sunni Muslim sect, the predominant religious force in Saudi Arabia, named after the founder, Muhammad Ibn Abd al-wahhab(1703-92). Stephen Schwartz, an U.S. author and Journalist in his internationally famous book ‘The two faces of Islam’ has defined the wahhabism as a fascistic cult and a puritanical variant of Islam.

Q2. Do wahhabbi host the ‘original’ Islamic beliefs?
A.
Sects in Islam are recognized by beliefs; not by practices. Islamic faiths are evolved from two divine sources: Qur’an and Hadith. The differentness of beliefs depend on sect’s own meanings and interpretations of the Qur’an and Hadiths texts. Now the chief question arises: Which beliefs are the original ones? The answer is that a belief should meet two basic conditions: First, the origin of the belief should be within Prophet’s life period or within his Caliphates’ period, and second, that belief’s original size of spread should also be looked in. Since we know that Prophet’s companions came to him from various countries and returned back to their native places after taking the ‘purest’ Islamic beliefs from Prophet’s Muhammad himself. These beliefs were preserved in the books of Hadith, history, biography and various books on variety of Islamic subjects written in that period, and were available in Islamic cities and countries encompassing east to west. In this fashion Islamic beliefs continued to be propagated and preserved from century to century and have reached to us, and shall continue to go further and further through the books. The hallmark feature in preserving history of Islamic faiths is that self-made un-Islamic beliefs have always been subject of strong refutations by the majority, as the Prophet himself said: ‘Majority of my followers can’t go astray’. Facing these parameters, wahhabism is only as old as the originator of this religion itself. If wahhabi interpretations and faiths are traced back, absolutely they end up in eighteenth century and the original size of wahhabi religion was restricted to a part of Najd province only. On the other hand, the mentioned two basic conditions along with the reception of beliefs from century to century are exclusively exhibited in the community of traditional Muslims Ahle Sunnat wal-Jama’at and to marginal extent in secluded sect Shi’a as well, who came into existence after the end of the companion era; in late first century.
Therefore community of traditional Muslim Sect’s components Hanafi, Maliki, Sha’fay-i and Hanbal-i have always been in numerical dominance worldwide. Name any famous book on any Islamic subject written any time in Islamic history, one always finds an author who only belongs to community of traditional Muslims. Name the oldest Islamic University and find again University of Al-Azhar Cairo, name a famous sufi; one always finds him in Ahle Sunnat wal-Jama’at.Sixth century Islamic revivalist and greatest ever Sufi scholar Shayekh Abdul Qadir Gilani Hanbali of Baghdad has defined the community of traditional Muslim Sunnat wal-Jama’at as: The word ‘community’ is referred to the community of the companions of Prophet who established consensus upon Islamic faiths in early thirties after the demise of the Prophet, and the word ‘traditionist’is defined as the ‘followers’ of Prophet’s traditions. This concludes that throughout the course of Islamic history, traditional Muslim famous personalities have called themselves as followers of community of traditionists Ahle Sunnat wal-Jama’at and not just traditionist Sunni.


Q3. When and how wahhabism was founded?
A.
The founder of wahhabi religion was an evil Islamic scholar Muhammad Ibn Abd al-wahhab of Najd. Najd is a desert province of Saudi Arabia. Hempher, as one of the hundreds of British missioners, was assigned the task of carrying on espionage activities in Islamic countries, befriended Muhammad Ibn Abd al-wahhab. Hempher maintained a secret work book, which was found by German secret service agent and later printed as ‘Confession of a British Spy’. Turkey’s Hakikat Kitabevi print represents this story: 'A couple of years later the Ministry of the Commonwealth managed to cajole Muhammad bin Saud, the Amir of Der’iyya in to join our lines. They sent me a messenger to inform me about this and to establish a mutual affection and cooperation between the two Muhammads. For earning Muslim hearts and trusts, we exploited our Muhammad of Najd religiously, and Muhammad bin Saud politically. It is a historical fact that states based on religion have lived longer and have been more powerful and more imposing.
Thus we continuously became more and more powerful. We made Der’iyya city our capital and we named our new religion the wahhabi religion. The Ministry supported and reinforced the wahhabi government in an underhanded way. The new government brought eleven British officers, very well learned in the Arabic language and desert warfare, under the name of slaves. Schwartz adds: ‘Der’iyya was a lawless place ruled by the whims of Al Saud until 1747, when Ibn Abd al-wahhab and Al Saud established a crude government based on a unique power-sharing agreement, with the former as religious authority and the later as political ruler. They contracted marriage between their families- a typical means of cementing alliances in tribal and clan-based societies- and agreed that power should be inherited exclusively by their descendents, as if their lineage carried greater authority than that of Prophet Muhammad, who neither imposed his successor nor made any attempt to establish a dynasty.’


Q4. How did newborn wahhabism was propagated?
A.
After giving a thorough microscopic finish; wahhabism was floated as ‘pure Islam’, manufactured by messrs Ibn Abd al-wahhab and the British spy Hempher Company. Hempher a fluent Arabic speaker projected himself as an Islamic scholar. Muhammad Ibn al-Saud was directed to join agreement with Ibn Abd al-wahhab by the local British missionary to take charge of administration and governance, while the latter for judiciary and education, upon the territory captured by joint forces. Two centuries on, both sides are holding it in the same spirit. Since it’s inception, terrorism is the hallmark of wahhabi Islam propagation and spread.
The agreement fell disastrous on the region. His brother Suleyman Ibn Abd al-wahhab accused him of trying to add a ‘sixth pillar’ to Islam, the infallibility of Ibn Abd al-wahhab. Brother Suleyman was not spared from the torment to migrate away to safer place to pen down a book: Devine thunderbolt upon wahhabi’s religion’, as dozens of books were written against this new cult from many cities based on arguments. But Ishiq Hilmi, a noted Turkey historian’s book ‘Endless Bliss’ serves the reader interest: ‘In those years, Ottoman army had been warring against exterior enemies. There was a chaos in the interior too. Though we had been at peace with France for many years, Napoleon Bonaparte had attacked Egypt with five thousand soldiers in 1213 A.H. In fight on the sea and on the land the enemy was replied from Egypt.’ ‘Further, he focuses on wahhabi terrorists: ‘In 1218 A.H., they besieged the blessed city of Mecca for three months. The Meccan ate cats, dogs, grass and leaves. At last not finding these either, they had to surrender. The wahhabis insulted and tormented the inhabitants and said: ‘Those who died after the year 500, became disbelievers. We will bring you round to Iman(renewal of beliefs). They martyred those Ahle Sunnat Muslims who would not admit wahhabism.’
They were harsher on Medina: ‘In 1220, they attacked the blessed city of Medina and raped women of Medina. They demolished all the sacred tombs and subjected the inhabitants to very bitter torture and loathsome treatment. Their chief Saud gathered the people in Masjid-e-Seadat and said: ‘Oh you inhabitants of Medina! Today your religion has been completed. You have become Muslim and pleased Allah. Don’t esteem your father’s and grandfather’s superstitious religion any more. Do not remember them with mercy. All of them died as polytheists and disbelievers. Our book, explain how you will worship. Be it known that possessions and properties, the children, the wives of those who will not obey our servants are free for my soldiers. They will put you all in chains and torment you. You will no longer stand in front of the Prophet Mausoleum and say Assala-mo Alaika ya Rasool Allah’(Oh Prophet of Allah! Please accept blessings). He uttered many more loathsome terms which we can’t write here.’

Q5.When and how did India receive dispensation of wahhabism?
A.
It was 1212 A.H., when great Islamic scholar Shah Abd al-Aziz of Delhi, received a booklet ‘Rejecting Idolatory from Najd, sent by Ibn Abd al-wahhab’s son. And accidently one of his nephews Maulvi Ismail Dehalvi found it, and finished to receive a sea-change in his beliefs and thoughts, as he was altogether a different personality now to be named as the first wahhabi of India. He was strongly rebuked and denounced by all of his family members comprised of distinguished Islamic scholars but he continued propagating wahhabi beliefs in Delhi and elsewhere in the country. Finally he translated Ibn Abd al-wahhab booklet in Urdu as Fortifying Faiths Taqviyat-ul-Iman.It was first printed from Calcutta by East India Co. The founder members of Deoband seminary became admirer of Maulvi Ismail and inclined and started defending his new wahhabi ideology and beliefs through legal verdicts Fatwa.They defended Ibn Abd al-wahhab as well through their verdict book Fatawa Rashidiyah. Delhi served as India’s gateway for wahhabism, Deoband seminary as the nursery and Tabligh-i-Jamaat, an agency to dispense the cult.

Q6. What makes a wahhabi shun traditional Islam and convert to wahhabi Islam?
A.
There are verses in Qur’an and Hadith which testify their emergence. Their key difference with all time numerically dominant Ahle Sunnat wal-Jama’at is based on insisting their own interpretation of a Quranic verse with covered meaning Aayat-e-Mutashabah about the human status of Prophet Muhammad to suit their heretical beliefs. Wahhabi insist that the Prophet Muhammad shares equality of human status with his followers through this verse; while traditional Muslims absolutely contradict this and present numerous verses supporting ‘Special status’ gifted by God to him, through His own verdicts, thereby enabling him to share a few selected specialties with God within limited purviews as His deputy on earth.


Q7. What differentiates wahhabi, Taliban from traditional Muslims?
A.
As per Islamic jurisprudence, the supreme law making authority is Allah; He has passed this power of authority within limited purviews to His beloved and deputy Prophet Muhammad, as evident through the texts of Qur’an and Hadith. Wahhabi, Taliban outrightly disconfirm this gifted authority power of Prophet and rebuke traditional Muslim for this belief. Consequently they have sidelined the Prophet as the law maker. To meet their selfish gains, they have made their ‘self-made shariatlaws dealing with Jihad on Muslims, insurgencies capital punishments, harsh punitive penalties and rape on Shi’a women which stand distinctly opposite to existing laws of Islamic jurisprudence. Prophet Muhammad is reported to have said: “My followers ummah will split in seventy three sects, the most mischievous them all shall be one who will deliver the judgement legitimizing the prohibited actions; and prohibiting the legitimate sanctions.” Besides, wahhabi denounce many other Quranic recognitions of Prophet. After 1950s, they have also destroyed many historic things, birth place, mosques and relics of Prophet Muhammad deeply loved by traditional Muslims, sending shock waves all over the Muslim world and India-Pak, as well.

Q.8 Does Islam preaches violence?
A.
Schwartz writes:‘I do not believe anything in Islam led intrinsically or inevitably to September 11. If Islam had been an unrelievedly violent and aggressive religion, it would have disappeared long ago, like numerous pagan cults. I base this view on my own experience as a journalist and writer on the Balkan wars of the 1990s, during which I encountered the other face of Islam- pluralist, spiritual and committed to coexistence with the earlier Abrahamic revelations, Judaism and Christianity.

Q9. How to identify a non-traditional Muslim like wahhabi, Taliban, Mawdudi, Deobandi, Salafi or Tabligi?A. ‘The lack of central religious authority in Islam contributes to problem; for outsider it is difficult to distinguish between the margin and the mainstream, questions, Stephen Schwartz. The answer is that outward appearance does not help; but some routine questions could be helpful to extract their self made beliefs about Prophet Muhammad. Wahhabis consider the gifted and shared specialties of Prophet as idolatery and sanction traditional sufi Muslims as idolater of the Prophet through hundred of legal verdicts fatwas. So essentially they do not subscribe to traditional acts symbolizing the Prophet’s supremacy next to Allah. For example calling him Oh Prophet of God! Help me.Ya Rasul Allah al-madad, commemorating birth of Prophet Mawlud-e-Nabvi and salute him standing and chanting loudly in group or single: Oh Prophet of God! Oh friend of God! Please accept regards, as God also sends blessing upon you, are the branded acts of Ahle Sunnat wal-Jama’at or traditional Muslims rooted to multilayered Islamic beliefs. Seeking intercession and mediation of the Prophet, and belief of gifted life to Prophet after death, providing spiritual link to his followers are also hallmarks of traditional Muslims, which have been fired as polytheism by Saudi and Deobandi jurist scholars. Likewise other leading questions could also be asked as visiting tombs of famous soofis or joining birthday celebrations ‘Ursof great Sufis or participating soofi music Mahfil-e-Sim’a, which can distinguish between traditional Muslim and wahhabi. Schwartz concludes: ‘Islamic extremists seek to remove Muhammad from Islam altogether. To westerners, this seems impossible. But it is true: Islamic fundamentalists ignore the personality of the Prophet and oppose traditional Muslim’s love and admiration of his quest for compassion. As we will see, a wholesale purge of the Prophet’s personality from Islamic religion has been an essential goal of the’end time’ cult of wahhabism, which has made a serious attempt to reshape Islam in its intolerant image.’

Q10. Is Mawdudi a role-model for International terrorists?
A.
Stephen Schwartz, an authority on wahhabi terrorism, now takes up the the Deobandi think tank: ‘A central figure in this process was Sayyid Abul-Ala Mawdudi(1903-1979), an Indian Muslim radical who greatly influenced the course of Arab nationalism, becoming one of the most controversial figures in recent Islamic history. Like the wahhabis, he idolized Ibn Taymiyyah and declared that the entire Ummah was characterized by unbelief. For him, traditional Muslims were living in a second period of superstition and ignorance comparable to that of the pre-Islamic Arabs of Mecca. He also condemned the mixing of diverse religious populations, blaming Muslims who lived among Hindus, or who permitted the latter to live among them, for the weakness of Indian Islam in modern. Mawdudi’s first book, Jihad in Islam appeared in 1927. In it Mawdudi argued for curtailment of the rights of non-Muslims residing under Islamic rule and the destruction of existing governments, Muslim as well secular. With more forthrightness than his wahhabi counterparts, he declared, “Islam is a revolutionary doctrine and system that overturns governments. It seeks to overturn the whole universal social order… and establish its structure anew… Islam seeks the world. It is not satisfied by a piece of land but demands the whole universe… Jihad is at the same time offensive and defensive…the Islamic party does not hesitate to utilize the means of war to implement its goal.” Based on these ideas, in 1941 Mawdudi founded a militant movement in India, the community for Islam or Jama’at-i-Islami, and his anti-Hindu doctrines and incitement to violence have been blamed for continuing conflict in Kashmir. When the Muslim world league was established by the Saudis, he was among its leading figures… Mawdudi was richly honoured by the Saudi regime and enjoys immense prestige among Muslim fundamentalists today… his obsession with political revolution was deemed un-Islamic, since traditional Islam based it guidance on knowledge and ethics rather than violence and subversion. His Muslim critics have grouped him with later figures like Hassan al-Banna and Syed Qutb (1906-1966) as seditionists whose seductive effect on young Muslims has been wholly evil.’


Q11. Does Tabligh-i-Jama’at contribute in terrorism?
A.
Stephen Schwartz, a Washington bureau chief for the Jewish Forward and on editorial writer for the Voice of America, an interfaith activist in Bosnia- Herzegovina and Kosovo was a Jew- and - now a Muslim, writes: ‘Rashid acknowledges the historical continuity between wahhabism and the supporters of Mawdudi, the Muslim Brotherhood that inspired Sayyid Qutb, Saudi controlled Afghans and Hezb-ut-Tahrir. While one should not confuse the distinction between wahhabism and less extreme forms of Islamism, one should also not exaggerate the differences between the wahhabis and similar phenomena, including the Muslim Brotherhood, Hamas, Deobandism, the Taliban and Hezb-ut-Tahrir, that may be described as wahhabized….How did Lindh find his way to Harkatul-Mujahidin? The intermediary was a secretive International Islamic group that both Lindh and Reid joined Tabligh-i-Jama’at or call to the community.
Tabligh-i-Jama’at was founded in India in the 1920s at the time of aggravated conflict between Muslims and Hindus, which has always been a pretext for the spread of wahhabism in the subcontinent. In the past Tabligh-i-Jama’at rejected the wahhabi label while claiming to stay out of politics. But in recent years it has undergone a transformation. It infiltrated the Pakistani government and was left off President Musharraf’s recent list of banned extremist organizations. However, Indian sources claim that it was a major supplier of recruits for the terrorist groups Musharraf has suppressed- groups that also supported Harkat-ul-Mujahidin, which planned to send Lindh to Kashmir. American Muslim sources say Tabligh-i-Jama’at indoctrinated its followers to fight for the Taliban and al-Qaida as well.
According to Bay Area media, John Walker Lindh attended a small mosque in San Francisco run by Tabligh-i-Jama’at presents itself as nothing more than a prayer and study circle. Published accounts of Lindh’s involvement with Tabligh-i-Jama’at quoted University of California specialist Barbara D.Metcalf, who recycles the movement’s claim that its obsessive rhetoric about Jihad refers only to ‘the Jihad of personal improvement’. Yet Metcalf herself acknowledged having heard the group was also committed to military action”, concludes Schwartz.

Q12. What measures India could adopt to prevent terrorism on Her land?
A.
Saudi Arabia is determined to promote and protect wahhabi Islam at the cost of its colossal hydrocarbon energy reserves, whenever and wherever it is possible. Stephen Schwartz gives a few glimpses: In the aftermath of September 11, the Saudi authorities were asked, as allies of the United States in the anti-terror war to investigate, freeze and seize the bank accounts of participants in and contributors to terrorist activities. In addition, like other foreign carriers Saudi airlines were asked to provide advance passenger lists for flights to the United States. These requests were not specifically prompted by the discovery that 15 out of 19 terrorists involved in the attacks on New York and Washington were Saudi citizens and the long-standing awareness that most of Osama bin Laden’s funds also came from the Kingdom. Rather, they were viewed as almost perfunctory measures necessary for a coordinated response to bin Laden terrorism. But in both cases, the Saudi refused compliance.
Schwartz confirms Saudis official training to suicide bombers: ‘While Yasir Arafat condemned suicide terrorism as an impediment to the Palestinian cause, Saudi television beamed how-to instructions to potential bombers among Israeli Arabs. Nor did the Saudis cease their support for bin Laden and his network.’
Besides, man money and arm-ammunation power, ‘Cyberjihad’ and ‘Literature infiltration’ are also included in Saudi agenda: ‘Grand Mufti Shaykh Abd al-Aziz al-Alshaikh issued a fatwa authorizing a ‘Cyberjihad’ that encouraged wahhabi fanatics to hack into and disable Shi’a and non-wahhabi websites. On the other hand, the regime encourages the establishment of websites promoting hatred of non-wahhabi Islam’, adds Schwartz.
Therefore consignments of Saudi wahhabi literature reaching Delhi for free distribution should be banned because they are mistaken by simpleminded traditional Muslims as sample of ‘pure Islam’ from the holy land. Saudi money is also reliably learnt to be regularly distributed in Meerut should also be stopped to flow in. Effects of Darul-ulum Deoband and Nadva-tul-Ulema Lucknow should be diluted and national press should stop printing their fatwas, as they gain popularity through the prints in national newspapers. Their main propagational vehicle, call to community Tabligh-i-Jama’at should be banned at Aligarh Muslim University, Jamia Millia Islamia University Delhi and other government aided Muslim institutions because today’s young non-violent wahhabi mind requires only a trigger to turn violent. Mawdudi’s Jama’at-e-Islami should also be discouraged and requires press non-cooperation. On the other hand, government and national press should highlight and help Ahle Sunnat wal-Jama’at institutions like Jamia Naeemiyah of Moradabad and Al-Ja’miatul Ashrafia Mubarakpur Azamgarh. Central ministers and Chief Ministers should remove wahhabi- Deobandi assistants, secretaries and consultants from their close circles as they are the potential factors to protect their sect’s interests. State and Central Waqf board Deobandi heads should be purged and keys of affairs should reach in traditional Muslim hands. Another strong means to propagate wahhabism in India is in the hands of Imams and manager muta’wallis of mosques. Mosques built before 1960 exclusively belong to traditional Muslims therefore they should be restored back. There should be effective legal cell for traditional Muslims in cities to redress their grievances against wahhabi-Deobandi counterparts. Worth-considering point for our Hindu brothers and national leadership is that only traditional Muslims Ahle Sunnat wal Jama’at could serve as counter-terrorism force against wahhabi-Deobandi-Mawdudi terrorism. The living example could be seen in Pakistan where a Mufti of a renowned institution of Ahle-Sunnat in Lahore was assacinated by a Taliban bomber in a crowded mosque in June 2009, in a retaliatory bid for issuing fatwa forbidding suicide terrorism in Islam, as traditional Muslims have risen up against Taliban occupation of NWF province boarding Afghanistan, assisting military operations there, successfully.
India as a progressive nation of 21st century, shall have to opt one of the two faces of Islam: a face of moderation, equanimity, patience and fairness of 1400 years old traditional Ahle Sunnat-wal-Jama’at Muslims versus separation, supremacism, frenzy and aggression- the other face of Wahhabi-Taliban Muslims, just 250 years old.


"Waqf Board supporting Wahhabism":High CourtCourt No. 24
Writ Petition No. 7893 of 2009(MB)
Syed Hammad Ashraf and others ……Petitioners
Versus
State of U.P. and others ……Opposite Parties

********
Hon’ble Rajiv Sharma, J.
Hon’ble Anil Kumar, J.

Heard Sri Umesh Chandra, Senior Advocate assisted by Sri Vikas Singh, Advocate, on behalf of the petitioners, Standing Counsel for the opposite parties nos. 1 to 4 and 6 and Sri Mohd.Arif Khan, who has put in appearance on behalf of private respondent.
Counsel for the petitioner submits that on 20.9.1991, late Ghaus Mohammad executed a power of attorney in favour of Maulana Syed Izhar Ashraf to supervise, control and construct incomplete Mosque [Masjid-e-Ghausia] and to manage it with Sunni Barelivi sect rituals. Since then the petitioners and other Muslims are offering Namaz. On account of an attempt made by Wahhabis, on 12.12.2007, to take forceful possession, the district administration intervened and consequently the Muslims following the Wahhabi Sect started prayer on the 1st floor of the Mosque whereas the Muslims of Sunni Barelvi sect offered Namaz at ground floor behind their own Imam.
It is further submitted that with a view to usurp the Sunni Waqf property, the Chief Executive Officer of the Waqf Board, who also supports the Wahhabism, passed an order dated 5.5.2009 appointing opposite party no.5 as Mutawalli. Pursuant to the aforesaid order, the Additional Superintendent of Police [Trans Gomti] passed the order dated 9.6.2009 and in the garb of the said order and in collusion with the opposite party no.5, the Station House Officer, PS Hasanganj, Lucknow, restrained the Sunni Muslims and the petitioners from offering Namaz on the ground floor of the Mosque and also evicted the ‘Imam’ [Religious Cleric] arbitrarily.
It is urged on behalf of the petitioners that the holy month of ‘Ramzan’ is going to commence from 22nd August, 2009 and every Muslim has to perform ‘Tarabih Namaz’ and other mandatory prayers like ‘Albida’ but on account of restraint, the Sunni Muslims at large and the petitioners would be denied their fundamental right to perform Namaz and other prayers.
Counsel for the petitioners has vehemently argued that the function of Muttawali [Administrator] is to manage the affairs of Mosque but he cannot restrained the petitioners and other Muslim from offering Namaz or the change the status.
Article 25 of the Constitution deals with the right to freedom of religion. The emphasis in this article is on the practice of religious freedom by individuals. The freedom guaranteed by Article 25 is to ‘profess, practice and propagate’ religion. The act of ‘practice’ is concerned primarily with religious worship, ritual and observations. The Apex Court has held that each person, whatever be his religion, must get an assurance from the State that he has the protection of law freely to profess, practice and propogate his religion and freedom of conscience, otherwise, the rule of law will become replaced by individual perceptions of one’s own presumptions of good social order.
Learned counsel for the petitioner has also argued that Additional Superintendent of Police, Trans Gomti has no authority to pass the impugned order directing the Station House Officer to execute the order unless and until the order is passed by the Court of law. Therefore, the same is without jurisdiction.
Prima-facie a case for interim relief is made out.
Considering the peculiar facts and circumstances of the case as also the fact that Ramzan is going to start very soon, the further operation and implementation of the impugned order dated 9.6.2009 passed by Additional Superintendent of Police [Trans Gomti] shall remain stayed and the opposite parties especially the district administration shall ensure that followers of Sunni Barelvi sect are allowed to perform daily Namaz behind their own Imam on the ground floor of the Mosque without any interference.
As prayed the opposite parties are allowed time to file counter affidavit within a week.
List this case on 21.8.2009 before the appropriate bench as fresh.
13.8.2009
Ajit/-

SignatureHon’ble Rajiv Sharma, J.
Hon’ble Anil Kumar, J.
13/8/09

TRUE COPY
Sig.
Section Officer
Copying Department
(Pending)
High Court Lucknow Bench
Lucknow


Note: Two Ahle-Sunnat youths protecting this Mosque from Wahhabi’s possession were murdered by Wahhabi goons. And stones fixed in interior Mosque wall inscribed with Islamic signs like ‘Ya Rasul-Allah’, ‘Ya Mohammad’ and ‘Durud’ were disfigured with sharp metal object, by Wahhabis, according to the family source Syed Babar Ashraf.