The Gujarat High Court, while hearing a public interest litigation (PIL) on Friday challenging the appointment of the third member of Waqf Tribunal in the state, sought an explanation from the state legal department for appointing a person with criminal antecedents.
A PIL moved by three mutawallis of Bibiji Masjid Raipur in Ahmedabad is seeking quashing of the legal department’s notification from February, notifying the appointment of Anwarhusen Mohamadrafic Shaikh as the third member of the tribunal, as being in contravention of the Waqf Act’s Section 83(4)(c).
The PIL highlighted that Shaikh is facing criminal proceedings at Vadodara in three FIRs dating back to 2004.
One of the FIR is registered with the DCB police station in Vadodara city for allegedly forging and fabricating marksheets by charging Rs 3 to 4 lakh from candidates seeking admission in PTC colleges. The matter is pending adjudication before a magistrate court in Vadodara. Two other FIRs have accused Shaikh of extortion, with the matters also pending adjudication before Vadodara courts.
The PIL further pointed out that Shaikh has been jailed once and two recovery applications are pending against him for arrears in payment of maintenance to his first wife and minor son.
The petitioners have called the notification illegal and unconstitutional and amounting to “colourable exercise of power”. Raising questions on Shaikh’s appointment, they have highlighted that he has criminal antecedents and has “no experience at all in Islamic law and jurisprudence” – both qualifications required as stipulated in the government advertisement calling for the recruitment of the third member of the tribunal – and have alleged bias, attributing his appointment to him being an active BJP member.
The court of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee on Friday sought responses from Shaikh and the legal department. It specifically sought a reply from the state about the petitioners alleging selection of a person who has criminal antecedents by the next date of hearing on June 28.