The Delhi High Court declared that the anointing ceremony of Shahi Imam Bukhari’s son Shaban as the Naib Imam “shall not vest or create any right” in his favour.
The bench of Chief Justice R. S. Endlaw and Justice G. Rohini held that “even if the ceremony of 22nd November 2014 not stayed, it still will not amount to anointment of the said son of Bukhari as the Naib Imam of Jama Masjid”.
The court noted that “the Wakf Act 1995 provides only for appointment of a Mutawalli of a Wakf and contains no provision for appointments of Imams”. The Court has also issued notice to Imam Bukhari, Central Government, ASI, Delhi Government, Waqf Board, MCD, DDA to reply to the main petition, which has challenged the continuation of Bukhari himself as the Imam.
The Court also noted that, “No answer is forthcoming as to why the Delhi Waqf board has not exercised any rights or supervision over the Jama Masjid or as to why the Delhi Waqf board has allowed Maulana Syed Ahmed Bukhari to appropriate all earnings from the said mosque and also not taken any action for accounts thereof being not rendered despite court direction”.