NEW DELHI: The Delhi High Court on Friday said that that the anointment of Shaban Bukhari as successor to Shahi Imam of Jama Masjid, Syed Ahmed Bukhari had no legal sanctity. Shaban, 19, who is the son of Shahi Imam is currently pursuing a bachelor’s degree in Social Work from a university here is to be anointed as heir apparent on Saturday.
Taking into account the contentions of the Centre, the Delhi Wakf Board and petitioners, who had challenged the ceremony, a Bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw observed that in such a situation there was no need to stay the ceremony.
The court said that that as per the Wakf Act, 1995, the law only provides for a mutawalli (manager) of a Wakf and contains no provision for appointment of Imams of Wakf properties, even if the property is a mosque.
The court stated that Bukhari had no right, in law or otherwise, to anoint his son as the Naib Imam, which is supported by the Delhi Wakf Board.
The court also did not restrain Bukhari from holding the ceremony at Jama Masjid, saying he and his family have been using the same as their residence for the past several years.
The HC also issued notice and sought responses from the Archaeological Survey of India(ASI), the Delhi government, DDA, MCD, Delhi Police, Wakf Board, the CBI and Bukhari by the next date of hearing on January 28 on the issue.
Regarding this Bukhari said, “We are waiting for the notice and will reply to the court accordingly. We are not doing anything illegal.”