Supreme Court's 1993 Order On Salaries To Imams Violated Constitution of India, Set A Wrong Precedent - CIC

11/29/22, 7:51 PM Supreme Court's 1993 Order On Salaries To Imams Violated Constitution Of India, Set A Wrong Precedent: CIC
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Supreme Court's 1993 Order On Salaries

To Imams Violated Constitution Of India,
Set A Wrong Precedent: CIC
Sparsh Upadhyay 29 Nov 2022 11:36 AM
https://www.livelaw.in/news-updates/supreme-courts-1993-order-on-salaries-to-imams-violated-constitution-of-india-set-a-wrong-precedent-cic-215317 1/17
The Central Information Commission has observed that the Supreme Court's
Judgment in All India Imam Organisation and v.Union of India and ors. [May
1993] was passed in violation of the constitution and had set a wrong
precedent.
It may be noted that in the All India Imam Organisation case (supra), the
Supreme Court had directed the State Waqf Boards to give remuneration to
Imams in mosques managed by them.
Also Read - Court Questions Delhi Police Probe While Granting Bail To
Eight Persons In Case Linked To PFI Ban
The Information Commissioner Uday Mahurkar made this observation on
Friday (November 25) while hearing an RTI application filed by an RTI activist
Subhash Agrawal seeking details of salaries being paid to imams by the

Delhi government and the Delhi Waqf Board. The activist had received no
appropriate response to his application from the Delhi Waqf Board.
In its order, the commission also observed that the SC's order had violated
constitutional provisions that say the taxpayers' money will not be used to
favor any particular religion.
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Rate Is 'Abysmally Low' In Our Country, : PH High Court
"Further with regard to the judgment by the Supreme Court in the case
between "All India Imam Organisation And ... vs Union Of India And Ors"
on 13 May, 1993, that opened the doors to special financial benefits
from public treasury to only Imams and muezzins in the mosques, the
Commission observes that the highest Court of the country in passing
this order acted in violation of the provisions of the Constitution,

particularly Article 27, which says that the tax payers money will not be
used to favour any particular religion. The Commission notes that the
said judgment set a wrong precedent in the country and has become a
point of unnecessary political slugfest and also social disharmony in
the society," the relevant part of the order of Information Commissioner

Uday Mahurkar reads thus.
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Challenging Centre Giving Immediate Effect To UAPA Notification Against
PFI
In its order, the commission went ahead to also observe that the policy of
giving special benefits to the Muslim community before 1947 played a key
role in encouraging pan-Islamic and fissiparous tendencies in a section of
Muslims ultimately leading to the nation's partition.
The order further states that giving salaries to Imams and others only in
mosques, amounts to not just betraying the Hindu community and members
of other non-Muslim Minority religions but also encouraging pan-Islamist
tendencies amongst a section of Indian Muslims that are already visible.
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High Court To Decide In Suit Filed By IIPM Against Delhi Press In 2011
"Steps like giving special religious benefits to Muslim community only
like the one taken up in the present matter, in fact severely affects
interfaith harmony as they invite contempt for the Muslims as a whole
from a section of ultra-nationalist population," the order of the
Information Commissioner Uday Mahurkar further adds.
Dealing with the case of the Delhi Waqf Board, the commission, in its order
noted that Delhi Government gives Rs. 62 Crores annually to the Board, while
its own monthly income from its own independent sources is just around Rs
30 lakhs a month.
"So the monthly honorarium of Rs 18,000 and Rs 16,000 being given to
the Imams and Muezzins of DWB mosques in Delhi is being paid by the
Delhi Government virtually from the tax payers money which in turn is in
sharp contrast with the example quoted by the appellant in which the
priest of a Hindu temple is getting a paltry Rs 2,000 per month from the
trust controlling the said temple," the commission observed.
"Those who justify such steps in the name of protection to religious
minorities raise a question that if a particular religious Minority has a

right to protection, the Majority community too has a right to protection
in a multi-religious country where it is incumbent that the rights of the
members of all religions are protected equally in the interest of inter-
faith harmony and unity of the nation," the commission opined.
Lastly, finding this matter to be of extreme importance for the unity and
integrity of the nation and interfaith harmony, the Commission directed its
registry to forward a copy of the order to Union Law Minister with the
Commission's recommendation for suitable action to ensure enforcement of
provisions of Articles 25 to 28 of the Constitution of India in letter and
spirit, to keep all religions of India at par in terms of payment of monthly

remuneration of priests of different religions at the cost of the public
exchequers (both Central and State) and also other matters.
In its order, the Commission has also ordered the Delhi Waqf Board to
compensate RTI activist Subhash Agrawal as he spent time and resources in
seeking a response to his plea.
TAGS INFORMATION COMMISSIONER UDAY MAHURKAR SUPREME COURT
CENTRAL INFORMATION COMMISSION (CIC)
ALL INDIA IMAM ORGANISATION V. UNION OF INDIA DELHI WAQF BOARD
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इमामों को वेतन पर सुप्रीम कोर्ट के 1993 के आदेश ने भारत के संविधान का उल्लंघन किया, एक
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11/29/22, 7:51 PM Supreme Court's 1993 Order On Salaries To Imams Violated Constitution Of India, Set A Wrong Precedent: CIC

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TOP STORIES NEWS UPDATES COLUMNS INTERVIEWS ENVIRONMENT RTI

Home / News Updates / Supreme Court's 1993...

Supreme Court's 1993 Order On Salaries

Imams in mosques managed by them.

Eight Persons In Case Linked To PFI Ban

The Information Commissioner Uday Mahurkar made this observation on

Subhash Agrawal seeking details of salaries being paid to imams by the

appropriate response to his application from the Delhi Waqf Board.

favor any particular religion.

Also Read - Jail Before Conviction Is A Sort Of Punishment As Conviction

Rate Is 'Abysmally Low' In Our Country, : PH High Court

on 13 May, 1993, that opened the doors to special financial benefits

Commission observes that the highest Court of the country in passing

this order acted in violation of the provisions of the Constitution,

point of unnecessary political slugfest and also social disharmony in

the society," the relevant part of the order of Information Commissioner

Challenging Centre Giving Immediate Effect To UAPA Notification Against

role in encouraging pan-Islamic and fissiparous tendencies in a section of

Muslims ultimately leading to the nation's partition.

of other non-Muslim Minority religions but also encouraging pan-Islamist

tendencies amongst a section of Indian Muslims that are already visible.

Also Read - Is Caravan's Article On Arindam Chaudhuri Defamatory? Delhi

"Steps like giving special religious benefits to Muslim community only

from a section of ultra-nationalist population," the order of the

Information Commissioner Uday Mahurkar further adds.

"So the monthly honorarium of Rs 18,000 and Rs 16,000 being given to

trust controlling the said temple," the commission observed.

"Those who justify such steps in the name of protection to religious

minorities raise a question that if a particular religious Minority has a

in a multi-religious country where it is incumbent that the rights of the

members of all religions are protected equally in the interest of inter-

faith harmony and unity of the nation," the commission opined.

Commission's recommendation for suitable action to ensure enforcement of

provisions of Articles 25 to 28 of the Constitution of India in letter and

spirit, to keep all religions of India at par in terms of payment of monthly

exchequers (both Central and State) and also other matters.

compensate RTI activist Subhash Agrawal as he spent time and resources in

seeking a response to his plea.

TAGS INFORMATION COMMISSIONER UDAY MAHURKAR SUPREME COURT

CENTRAL INFORMATION COMMISSION (CIC)

ALL INDIA IMAM ORGANISATION V. UNION OF INDIA DELHI WAQF BOARD

Subscribe to LiveLaw, enjoy Ad free version and other unlimited features,

SIMILAR + VIEW MORE

Allahabad High Court Kerala High Court

JUST ENTER YOUR EMAIL FOR THE

Enter Your Email

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