Draft Minutes of Markazi  Majlis-e-Mushawarat, 11 June, 2005

The 4th meeting of the Markazi Majlis-e-Mushawarat was held at 11.00 AM on Saturday, 11 June, 2005 with the President in Chair.

The following members were present:

1        Mr. Syed Shahabuddin, President

2        Dr. Zafarul Islam Khan, General Secretary

3        Maulana Ejaz Ahmed Aslam, General Secretary

4        Mr. Mohd. Hamid Ansari

5        Mr. Akbar Jung

6        Maulana Zeeshan Hidayati

7        Maulana Aquilul Gharavi

8        Mr. S.M. Hasnain Abidi

9        Mr. Amanullah Khan

10      Mr. Waris Rashid Kidwai            

11      Mr. Syed Mahmood Ali               

12      Mr. Irfanullah Khan                      

13.     Mr. S.M.Y. Nadeem                      

14.     Mr. Navaid Hamid                         

15      Mr. Tauqueer Khan (in lieu of Amir, JIH)

16.     Mr. M. Afzal

17.     Mr. Ejaz Maqbool

18.     Dr. N. Rasul Siddiqui

19.     Prof. Shakeel Ahmad

20.     Mr. M.N. Khan

1.     Agenda Item No. 1 :  The Meeting commenced with the recitation of the Holy Quran.

2.     Agenda Item No. 2 :  The Meeting expressed its deep sorrow at the demise of the NML Leader Ebrahim Sulaiman Sait who had been associated with the AIMMM from its very inception. The meeting condoled the demise of the well-known theologian Shah Abrarul Haque, Prof. Mohd. Shafi of the AMU, Poet Rahi Shahabi and the film maker Ismail Merchant and offered prayers for their Maghferat.

3.     Agenda Item No. 3 :  The Meeting confirmed the minutes of the 3rd Meeting held on 12 February, 2005.

4.     Agenda Item No. 4 :  The President presented the Action Taken Report on the Minutes in the light of the latest development.  The salient points are as follows:

i)      The Annual Statement of Accounts for 2004-05, which had been approved by the MMM is under audit.

        The progressive Statement of Account for the period 1 April – 31 May, 2005, placed before the MMM, was approved. Financially, 2005-06 may have to be difficult. Every effort was made to collect the arrears.

ii)     The drastic shortfall in the income both on account of membership and donation was noted and all members were requested to endeavour to increase the membership of the AIMMM as well as the CFM.

iii)    The account of the sale of land/purchase of building was placed. Many loans had been paid and other loans from the fixed deposits are expected to be repaid by 31 June, 2005, with a net-estimated saving of about Rs. 2 lakhs.

iv)   The Central Office had become fully functional. The Mushawarat now had a web-site www.mushawarat.com and all important statements, letters and resolutions are being posted regularly. Also the current Bulletin for January – March, 2005 had been posted on it. 

v)    Administratively, work continued to be handicapped for lack of English-Hindi translator and additional stenographer/computer-typist. There had been some response to appeal for volunteer but not as expected.

vi)   The registration of the dissident group as a Society had been challenged on legal advice as an exercise in deception and the Registrar of Societies had been requested to cancel its registration or at least to ask the Society to change its name. It was agreed that, if possible, the AIMMM should be registered as a Society to give it a legal personality as well as a Trust should be created for financial support.

5.     Agenda Item No. 5 :  The national and international situation was discussed at length and Resolutions were adopted on the following subjects: On Completion of One Year in Office by the UPA Government, On Misrepresentation by Dissident Group as All India Muslim Majlis-e-Mushawarat, On the Revised Admission Policy of the AMU, On Revised National Curriculum Framework 2005, On Haj Arrangements for Haj 2006, On the Bhopal Session of the All India Muslim Personal Law Board, On Repercussion of Advani`s Visit to Pakistan on Communal Situation, On Dissolution of Bihar Assembly and Coming Election, On Desecration of Holy Quran in US Detention Centres, On Developments in Palestine and Iraq.

6.     The AIMMM Delegation had called on Minister of Information and Broadcasting and Culture as well as Minister of Law and Judiciary and submitted aides memoire on pending questions.

The President visited Calcutta, Patna and Bhopal as well as paid a week long visit to Assam to study the Bengali exodus from Upper Assam and the rehabilitation of victims of Bodo Disturbance of 1994.

Consultations have been held with other Muslim Jamaats like JUH and consistently and continuously with member Jamaats like JIH.

The implementation of the programme of action for the year 2005-06 had not made much progress. It was felt that they should be implemented expeditiously.

7.     Agenda Item No. 6 :  Mr. S.M. Hasnain Abidi raised the question of his removal from the Convenership of MMM, UP(East). The President agreed to reconsider the decision, if Mr. Abidi submitted a formal proposal for the constitution of the State Mushawarat by 30 June, 2005.

The Meeting closed with Doa and vote of thanks.

                                                                                            Sd/-

New Delhi              (SYED SHAHABUDDIN)

13 June, 2005         President

Draft Minutes of Markazi Majlis-e-Amla

9 April, 2005

The 7th meeting of the Markazi Majlis-e-Amla was held at 10 AM on Saturday, 9 April, 2005 with the President in Chair.

The following members were present:

1      Mr. Syed Shahabuddin, President

2.     Maulana Mohd. Shafi Moonis, Vice-President,

3.     Mr. Bashiruddin Babukhan, Vice-President

4      Mr. A.R. Shervani, General Secretary (Finance)

5      Dr. Zafarul Islam Khan, General Secretary

6      Maulana Ejaz Ahmed Aslam, General Secretary

7      Mr. Syed Mahmood Ali

8      Prof. Shakeel Ahmad          

9         Mr. S.M.Y. Nadeem

10      Mr. Navaid Hamid               

11      Mr. Mohd. Sulaiman

12    Dr. Masoud Ahmad (in lieu of Mr. Amanullah Khan)

1.     The Meeting commenced with the recitation of the Holy Quran.

2.     The MMA expressed its deep sorrow at the demise of H.H. Pope John Paul II and the eminent Urdu poet Moin Ahsan Jazbi.

3.     The MMA confirmed the minutes of the 7rd Meeting held on 9 April, 2005.

4.     The MMA approved the Annual Statement of Accounts for 2004-05 and decided that it should be audited.

5.     The President presented the Action Taken Report and a report on Developments since the last meeting of the MMA.  The salient points are placed below:

i)      There has been a shortfall in income both on account of membership and donation and the Central Office has taken necessary steps to remind the members of the AIMMM and of the CFM.  More intensive efforts are needed to increase the membership and the number of Donors. It was proposed that the membership of any Jamaat or Member in arrears for three years may be suspended, after final notice, subject to revival on payment of arrears.

ii)     The new building D-250, Abul Fazal Enclave, Jamia Nagar, New Delhi – 110 025 has been fully paid for and the sale deed has been registered on 21 March, 2005; necessary repairs and structural changes have been carried out and the Central Office has been functioning from there.  The previous rented flat has been given up w.e.f. 31.3.2005.  Plot E-5 has been sold and all loans are in the process of being repaid.

        It was agreed that a Mushawarat Corpus Fund should be created to provide regular support for the organization.  The MMM instructed the Central Office to explore the possibility of registering a Mushawarat Trust.

iii)    The amendments had been adopted and subsequently Mr. Bashiruddin Babukhan had been nominated as one of the Vice-Presidents of the AIMMM.  The MMA welcomed him to his first meeting.

6.     The results of the Assembly election in Jharkhand, Bihar and Haryana were reviewed. 

7.     The national and international situation was discussed at depth.  It was decided to have a comprehensive Statement in place of specific Resolutions on the following subjects: 1. Implementation of the Common Minimum Programme, 2. Education, 3. Recognition of the AMU as Minority Education Institution, 4. Foreigner`s Problem, 5. Babari Masjid Question, 6. Coordination among Secular Forces, 7. ASI`s Take-over of Jama Masjid, 8. Srinagar-Muzaffarabad Bus Service, 9. Release of Godhra Detainees, 10. Haj Management, 11. Bhopal Session of Personal Law Board, 12. Developments in Iraq and Palestine.

The Meeting closed with Doa and vote of thanks.

                                                                                            Sd/-

New Delhi              (SYED SHAHABUDDIN)

1 May, 2005    President

On Demise of Ebrahim Sulaiman Sait

I - AIMMM Statement, 27 April, 2005

“The All India Muslim Majlis-e-Mushawarat (AIMMM) deeply mourns the sad demise of Janab Ebrahim Sulaiman Sait, one of its founder members and a member of its Supreme Guidance Council, as an irreparable loss to the Community.

Sait Saheb, as he was friendly called, played long innings in national and Muslim politics. A member of Parliament for decades, until recently he was the President of the Indian Union Muslim League till he formed the Indian National League. Also a founder member of the All India Muslim Personal Law Board, he was associated with every struggle of the Muslim community for security and dignity, equality and justice, whether it was the movement for the restoration of the Muslim character of the AMU, the movement for the defence of the Shariat against any interference by the Executive, the Legislature or the Judiciary, the movement for the restoration of the Babari Masjid, as a member of the Babari Masjid Movement Coordination Committee or the Movement for the Empowerment of Muslim Indians. A spell-binding speaker in Urdu, he had the entire country as his field of action. In every sense of the term, he was a pillar of the Muslim community. Today that pillar has fallen, the stirring voice has fallen silent.

The AIMMM pays its sincere tribute to him as one of the greatest leaders of the Muslim community after independence and prays to Allah to accept his services to the community and grant him eternal peace and offers its condolences to the members of the bereaved family and his admirers and followers all over the country.”

II - President’s Letter to Khalid Sait, 27 April, 2005

You can imagine my shock and sorrow at the demise of Sait Saheb. He was always a point of reference for me and ever in the forefront of the common struggle for any cause of the community. Yet his secularism and concern for the nation placed him high above the run-of-the-mill Muslim politics. He was a great Statesman and a great patriot.

I had the pleasure of making his acquaintance first in Saudi Arabia in 1963 or 1964 and since then we had been in constant touch with each other, working together on many fronts, including the Parliament and the Mushawarat. He was a founder member of the Babari Masjid Movement Coordination Committee and the Movement for the Empowerment of Muslim Indians. His passing away leaves a vacuum which cannot be filled. May he rest in peace and may Allah get him due reward for his services to the community, Amen!

On hearing of his demise the All India Muslim Majlis-e-Mushawarat office bearers paid their tributes to him and issued a Statement, a copy of which is enclosed.

May Allah grant you and other members of the family the spiritual strength to bear this immense loss, Amen!

Condolence on Sunil Dutt’s Demise

AIMMM Statement, 27 May, 2005

“The All India Muslim Majlis-e-Mushawarat (AIMMM) mourns the demise of Sunil Dutt, who was a symbol of integrity and human values in public life and regards it as a national loss. The AIMMM recalls his commitment to secularism and his services to the nation, particularly his unflinching support to the Muslims of Mumbai during the post-Demolition Disturbances in 1992 and his constant endeavour to improve relations between India and Pakistan.

The AIMMM conveys its sincere sympathy to the bereaved family as well as to all his admirers and followers all over the country and appeals to them to uphold the principles which marked Sunil Dutt’s public life as the fittest tribute to his memory.”

Cooperation with JIH

Letter to Amir, JIH, 8 April, 2005

I thank you and all your colleagues for graciously responding to our invitation for a visit to our Central Office.

I also thank you for your kind words on the occasion. I am certain that the valuable support to the Mushawarat from the Jamaat-e-Islami Hind shall continue as vigorously as before, notwithstanding some misunderstanding that appears to have crept in the course of recent election to Maharashtra, Jharkhand and Bihar Assemblies.

I feel that we should sit down together to work out a suitable modality for our endeavour in this field which has a common objective to facilitate the victory of secular forces over anti-secular forces and to increase the representation of the Muslim in the legislature.

You may like to fix a suitable date and time and invite Mr. Mujtaba Farooq and Dr. S.Q.R. Ilyas (who is also a member of our Markazi Majlis-e-Amla) for a closed door meeting in your office. I shall be accompanied by our Vice President Maulana Shafi Moonis who is also your Naib Amir or General Secretary Dr. Zafarul Islam Khan.

Reconstitution of MMM, Jharkhand

Notification, 14 April, 2005

By virtue of the power vested in him by the Dastoor and in consultation with the members and sympathizers of All India Muslim Majlis-e-Mushawarat in Jharkhand, the President has dissolved the existing Adhoc Muslim Majlis-e-Mushawarat, Jharkhand, and has reconstituted it as follows:

I     Markazi Jamaat’s Representatives:

1.   Dr. Hasan Raza, President, JIH, Jharkhand

2.   [To add another representative, JIH]

3.   Mr. Manzoor Ahmad Ansari, President, A.I. Momin Conference, Jharkhand

4.   Maulana Enayat Kaleem, (Designation) AIMC Vill: Kotaldia, Bara, Govindpur, Dhanbad

5.   Maulana Mufti Anwar Qasmi, Representative, Imarat-e-Sharia, Bihar & Orissa, Qazi-e-Shariat, Jharkhand

6.   Maulana Tahzibul Hasan Rizvi, Representative, A.I. Shia Conference, Imam, Masjid Jafaria, Ranchi

II    Reyasati Jamaat’s Representatives:

1.   Prof. Abuzar Usmani, President, Anjuman Tarraqui-e-Urdu, Jharkhand

2.   Mr. Mohd. Shahabuddin, Representative, JUH, Jharkhand Tewari Tank Road, Alhaj House, Hind Pirhi, Ranchi

3.   Mr. Mohd. Saeed, President, Jamaat Idrisia, Ranchi

III   Individuals of State Eminence:

1.   Maulana Jameel Akhtar, Social Worker, Khatib, Hind Pirhi, Ranchi.

2.   Mr. Md. Kalimullah Habib, Advocate, Resaldur, Mohalla Doranda, Ranchi

3.   Dr. Shahid Hasan, Reader in Sociology, Ranchi University, Central Street, Hind Pirhi, Ranchi

4.   Dr. Javed Ahmad, Principal, College, Hind Pirhi, Ranchi.

5.   Maulana Shariful Hasan Mazhari, Journalist, Editor, Sada-e-Jharkhand, Nadipar, Near Makka Masjid, Hind Pirhi, Ranchi

7.   Mr. Syed Mohd. Jamaluddin, former Administrator, Maurabadi, Ranchi

8.   Prof. Syed Jamal Ashraf, Management Expert, Booty Road, Ranchi

9.   Mr. Syed Mazharul Haque, Accounts Expert, Ranchi

IV   Ex-officio Members of MMM

1.   Prof. Ahmad Sajjad, Member, MMM

2.   Dr. Majeed Alam, Member, MMM

The members of the Adhoc Muslim Majlis-e-Mushawarat, Jharkhand, have elected the following as office-bearers:

President                :   Prof. Ahmad Sajjad

Vice-President        :   Maulana Jamil Akhtar

General Secretary  :   1.    Mr. Mohd. Kalimullah Habib

                                   2.    Mr. Syed Mazharul Haque

The office-bearers of the Muslim Majlis-e-Mushawarat, Jharkhand are requested to enroll more members in accordance with the criteria and elect the members of the Executive Committee.

Coordination among Secular Forces

MMA Statement, 9 April, 2005

The Markazi Majlis-e-Amla

·         Deeply regretted the failure of the UPA parties to secure a majority in Jharkhand and the return of the BJP rule in that State as well as at the inability of major secular parties in Bihar, the RJD, the LJP and the INC, to rise above their differences and form a secular government.

·         Reiterated its hope that, faced with the revival of the Hindutva threat, the secular parties shall contest future elections with better coordination based on honest recognition of their actual and potential strength in each State.

Communicated to All Secular Parties, 12 April, 05

State of Caste Hegemony in Bihar

Letter to The Indian Express, 2 April, 2005

Shri Rahul Ramagundam’s article on Laloo Prasad Yadav’s contribution to the destruction of upper caste hegemony in Bihar (Indian Express, 31 March, 2005) is based on several assumptions and omissions. The writer wrongly assumes that the upper caste hegemony has been broken; it is alive and adapted itself well to the Laloo Raj. Secondly, he fails to see that Laloo has only created a new elite out of his kinsmen, which shares power and privilege with the old elite. Thirdly, revolutionary leadership never lines its pockets or exploits the State machinery to benefit its followers, to the point of imitating the style of living of those sought to be displaced from power.

Laloo Yadav’s only historic contribution is to bend the system to accommodate a hitherto deprived and marginalized group, namely, the Yadavas, but a vast majority of the people of Bihar continue to languish under the burden of poverty, in the face of increasing economic disparities. He has completely destroyed the public education system, which in effect closes the arena of progress for the common masses.

Muslim Grievances and Token Remedies

Letter to G.M. Siddiqui, 10 June, 2005

Your email of 6 June, 2005. Token secularism, I agree with Ghose, is projected as a substitute for remedial measures. So, instead of wallowing in self-pity and hurling abuses at the others, you should spell out ‘due political and economic rights’ of the Muslims, even some of them may need amendments to the Constitution.

BJP’s Communal Ideology

Letter to K.A. Mallick, 15 June, 2005

Ref. several email responses to Secularism and BJP. BJP IS NOT SECULAR. STOP. SECULARISM AS DEFINED IN INDIAN CONSTITUTION IS LIFE-LINE FOR MUSLIMS and other religious minorities. There can be no compromise with BJP or any political party associated with it or controlled by the RSS. Whatever their name they are wedded to majoritarianism and Hindu Nationalism. RSS and BJP’s reaction to Advani’s political strategy shows that they remain anti-Muslim and anti-secular. There is no hope for change so long as they are tied to RSS apron strings.

Paswan’s Plea for Muslim CM in Bihar

AIMMM Statement, 14 May, 2005

“The oft-repeated suggestion by Shri Ram Vilas Paswan, President of Lok Janshakti Party, to install a Muslim as the Chief Minister of Bihar appears to be no more than a political gimmick on his part to secure support of the Muslim voters.

The present party position in the Assembly is such that the RJD, the biggest party (even with INC and Left support), cannot form a government, without the additional support of the LJP and the LJP is not prepared to extend this support.  Shri Paswan has tried to sell his support to the JD(U) but the deal fell through.  He now wants the Congress  which has only 10 MLAs to form the government with the support of the RJD and the LJP and make a Muslim the Chief Minister.  The deal is not likely to go through. 

Shri Paswan has no Muslim MLA in his own ranks, and there are only 24 Muslim MLAs distributed among RJD, Congress, JD(U) and independents.  Obviously the ‘Muslim’ Chief Minister will only be a token, a showpiece, balanced by at least two non-Muslim Deputy Chief Ministers from the major partners.  The Council of Ministers would naturally be largely non-Muslim, responsible to an Assembly which has only 10% Muslims among its members.  In this situation any decision the ‘Muslim’ CM may take on any legitimate Muslim grievance will be exploited to excite anti-Muslim sentiments.  Indeed this misconceived approach on the formation of government will only make it more difficult for the State Government to fulfill even the most legitimate and urgent demands of the Muslim community.

Shri Paswan’s emphasis on a Muslim Chief Minister thus serves to communalize state politics.  It makes the Muslims responsible for the continued political stalemate in Bihar in the eyes of the common man and hurts their long-term interests. 

The Muslim community should reject the politics of tokenism, dissociate itself from the political gimmick and join the rest of the Bihar in demanding an honest and stable government that works and gives the people both peace and development.”

(Communicated to Presidents, INC/RJD/CPI, 14 May, 05)

RSS View on Muslims

Letter to Juzar Bandukwala, 29 June, 2005

Your email of 22 June, 2005 seen today on return.

I do not understand what Sudarshan means.   For me, India is neither Dar-ul-Islam, nor Dar-ul-Kufr, nor Dar-ul-Harb.  It is Dar-ul-Aman and Dar-ul-Moaheda.

In any case, the RSS does not represent the Hindu mainstream, despite its influence over the BJP.  I think Muslims should wait till the BJP knows how it resolves its internal crisis and where it stands.

RSS and BJP have not changed their mindset if you see their reaction to 5% reservation for Muslims in AP.  To them, Hindu-Muslim relation is a zero-sum game.  So they are simply uncomfortable with the smallest benefit to or gain by the Muslims.  Regards.

Dissolution  of Bihar Assembly

AIMMM Statement, 30 May, 2005

“The All India Muslim Majlis-e-Mushawarat (AIMMM) welcomes the dissolution of the Bihar Assembly as a challenge and opportunity for the secular forces to give Bihar a stable and effective secular government.

The AIMMM is of the view that in order to contain the NDA Alliance, the members of the UPA and the political parties supporting the UPA should form a Bihar Secular Alliance (BSA) under the leadership of the RJD the biggest party in Bihar for fair and equitable distribution of seats among its constituent parties and for avoidance of any intra-Alliance ‘friendly’ fight, with the declared intension of giving the Bihar people a secular, honest and effective government.

The AIMMM also suggests that the BSA should ensure due representation to every section of the people and draw its candidates in each constituency from among the biggest social group.  To cleanse the political stream, the BSA should also resolutely reject persons with criminal record and try to introduce men of integrity and experience into public life.

The AIMMM is confident that if the BSA contest the election in an organized, coordinated and effective manner, it shall defeat the NDA and fulfill their mission.”

On Coordination among Muslim Jamaats in Bihar

Letter to Amir, JIH, 18 June, 2005

During my recent visit to Patna, I discussed the coming election with Maulana Nizamuddin Saheb. He agreed with me that there was no option for Muslims but to support RJD-INC led Secular Front, that we should jointly meet leaders of RJD, INC, LJP and CPI to promote the idea of a Secular Front, that if LJP does not join the alliance and ploughs its own furrow, it will disturb secular voters including the Muslim voters.

The Maulana confirmed that whatever his motive and his game plan, Paswan is playing up the Barelvi-Deobandi sectarian cleavage in Bihar but the Maulana felt that if JIH, JUH, Imarat-e-Shariat and Mushawarat (plus Jamiat Ahl-e-Hadith and A.I. Momin Conference issue a common appeal) the Muslim votes will not be divided.

The Maulana agreed that we should place lists of 50-60 Muslim Concentration Seats as well as of problems and issues of particular concern to Muslims of Bihar before the Secular Front and its constituents. However, he added, our concerns must also address common problem of Bihar like – Law and Order, Corruption, Unemployment, Breakdown of Educational System, Roads and Electricity.

The Maulana agreed that we should ask the secular parties to field Muslim candidates from Muslim concentration seats who are acceptable to the Muslim community.

The Maulana also felt that in case no secular party fields a Muslim candidate from a Muslim concentration seat, we should adopt a pragmatic approach and support an independent Muslim, only on a case-by-case basis, after assessing the ground reality.

In case there are more than one Muslim candidates of secular parties in a given constituency, we should apply the traditional formula of ‘strongest winnable secular candidate’.

We agreed that the Muslim Jamaats should not issue separate guidelines or lists as they confuse the Muslim voter and that they should act and speak jointly even when meeting secular parties and holding a press conference.

I asked him to let us know when he shall be in Delhi because one sitting at national level of all concerned Jamaats is essential to set the ball rolling and to contact the secular parties at national level.

I am sending a copy of this letter to Maulana Saheb.

On Bihar Assembly Election

Resolution of MMM, 11 June, 2005

The Markazi Majlis-e-Mushawarat (MMM) of the AIMMM welcomes the dissolution of the Bihar Assembly to thwart the plan of the NDA to fabricate a majority with immoral and illegal means and hopes that the coming election in October-November, 2005 shall see the emergence of a stable, secular government in the State.

The MMM appeals to all secular parties in Bihar, including all members of the UPA operating there to form a Bihar Secular Alliance to fight unitedly against and defeat the anti-secular forces.

The MMM calls upon the secular parties to finalize a principled distribution of seats among themselves to ensure maximum resistance to the game-plan of the anti-secular forces.

The MMM hopes that the Alliance shall field suitable Muslim candidates, acceptable to the community, in Muslim concentration seats and include their legitimate aspirations and concerns in its common manifesto.

(Communicated to All Secular Parties in Bihar, 11 June, 2005)

On Bihar Political Situation

Letter to UPA Chairperson, 16 June, 2005

I was in Bihar for a few days to study the ground situation.

The fight is between the UPA and the NDA and the fight is crucial, for both of them.

The UPA has no option but to accept RJD as the leader in the State. Perhaps you can persuade Lalooji not to promote Rabriji as the Chief Minister but leave it open to the UPA parliamentary group to decide its leader.

Lalooji can strike a deal with the Left. SP and BSP are marginal and manageable. The real difficulty is posed by Paswanji. I wonder if he really wishes to be held responsible for the NDA’s victory, by splitting both Muslims and secular votes. Paswanji is playing a rather risky game of dividing Muslim not only on political but on sectarian lines. Lalooji is inclined to come to terms with him. But Paswanji goes on equating RJD with BJP! He is perhaps hoping against hope that JD(U) may separate itself from the BJP before the coming election. But that is crying in the wilderness. You alone can persuade Paswanji not to break UPA unity and you must.

The Muslim vote, 16%, is crucial. Muslims are still unhappy with Lalooji but if the UPA fields at lest 50 Muslim candidates acceptable to the community from Muslim concentration (> 25%) seats and shares the concerns of Muslim Biharis in its manifesto, they can be persuaded to oppose the NDA. However, both Lalooji and yourself, preferably together, have to have an exchange of views with leading Muslim organizations which operate in Bihar – the Majlis-e-Mushawarat, the Imarat-e-Sharia, the Jamaat-e-Islami, Jamiat Ulama-i-Hind, the Jamiat Ahl-e-Hadith and Idara-e-Sharia.

Reservation for Women in Legislatures

Letter to The Milli Gazette, 18 April, 2005

I have read with great care Justice Rajindar Sachar’s article on the pending Women Reservation Bill in your latest issue (April 16-30, 2005) in which he has opposed the sub-quota for backward classes and minorities.

There is a clear contradiction in his stand. If reservation for women is advocated on the ground that women are under-represented in the legislatures, when they do not constitute a separate or distinct, social group, how can it be opposed, even within the women’s quota, for the under-represented groups which stand the risk of becoming more under-represented because of the shrinkage of electoral space?

There is also a flaw in his constitutional argument. The Women Reservation Bill already provides for sub-quotas for SC and ST women (from within the reserved quotas already available to the ‘SC’s and the ST’s). Perhaps Justice Sachar is aware of the fact that SC’s and ST’s were listed in the original draft of the Constitution alongwith religious minorities as minorities deserving of reservation in representation in legislatures which was approved by the Constituent Assembly. That this provision was reshaped during the second reading of the Constitution by Sardar Patel, at the ‘voluntary’ offer of a few Muslim members of the Assembly and the assurance by Pandit Nehru of ‘more that generous treatment for the minorities’. However, Article 15 was so drafted that the term ‘backward class’ also covered the minorities if they were also educationally and socially backward. It is on the basis that the Supreme Court’s historic Inder Sawhney judgement confirmed this possibility. It is also on this basis that the Venkatachalliah Commission stated that if a government had the political will, it could grant reservation for religious minorities within the existing terms of the Constitution, without amending it.

I may also point, out with my meagre legal knowledge, the importance of the crucial word ‘only’ in Article 15(1) which opens the door of reservation for any social group such as caste and religion if it constitutes a backward class. That is why several States like Karnataka and Kerala have allowed sub-quotas for Muslims. Obviously the Constitution cannot have different meaning for different States!

What is at stake is not the fragmentation of legislature but universalization and equity of representation in accordance with the principle of equality and justice and the internationally approved regime of minority rights for representation in legislatures and other organs of governance.

The apprehension that elite women belonging to high castes or with family connection with the highly placed shall fill up the women quota to the exclusion of women belonging to the not so fortunate groups is not a red hearing nor an illusion; it is a real and substantial question. The alternatives suggested i.e. creating 1/3 more seats or forming double member constituencies are prima facie unconstitutional, because they divide the electorate into unequal and disparate parts, apart from their complicated operation.

On the whole, the Gill formula is the best and the simplest: amendment to the Representation of the People Act to make it mandatory for all recognized political parties to field 1/3 women candidates.

I would add that it should be made a condition of recognition for a political party that it should have adequate representation of women in its structure, from top to bottom. Thus all parties over the years shall have women with political experience to compete for party posts and party tickets on equal terms with male members, thus blocking the nepotist tendencies in party leaderships. This will lead to real empowerment of women: entry into the legislatures on equal terms with men.

Felicitations to Prakash Karat

I - Letter to GS, CPI(M), 13 April, 2005

Please accept our sincere felicitations on your election as the General Secretary of the CPI(M). We wish you every success as the leader of your party not only in terms of electoral gains but of keeping the country on the secular track.

We also hope that the CPI(M), under your leadership shall try to understand the legitimate grievances not only of the Muslim community but of all the deprived groups in our country which are seeking recognition of their identity as an affirmation of their dignity and as a prelude to their struggle for equality.

As soon as you settle down I would like to call on you at your convenience to discuss the national situation with you with special reference to the aspirations of the Muslim community.

(Acknowledged by Prakash Karat, 21 April, 05)

Proposal for Indian Social Forum

Letter to Chaturanan Mishra, 17 May, 2005

I endorse the views expressed by you in your article in the Mainstream on setting up not a Third Front but an Indian Social Forum. But it is not only the Dalits but the religious minorities whose legitimate concerns must be identified and addressed by the Left to mobilize the masses against any attempt to destabilize the UPA Government. There is a tendency to ignore them and take their support for granted. Your article is silent on this aspect.

Implementation of Common Minimum Programme

Statement of MMA, 9 April, 2005

The Markazi Majlis-e-Amla,

*     Welcomed various steps taken by the UPA Government towards the implementation of its commitments to the Muslim community beginning with the announcement of the preparation of the White Paper on the Status of the Minorities and the revival of the PM’s 15-Point Programme on the Welfare of the Minorities in the President’s Address to the Parliament, followed by the formation of the Sachar Committee to prepare a Report on the Backwardness of the Muslim Community, the establishment of the National Commission on the Backward Classes among the Minorities, under former Chief Justice R.N. Mishra, the reconstitution of the National Integration Council and of the Central Wakf Council and the National Council for the Promotion of Urdu Language.

·         Expressed the hope that the deliberations of the Sachar Committee and the Mishra Commission shall enable the Government to fulfill its promise of reservation in public employment and professional education to the Muslim community, which constitutes a Backward Class, on the Karnataka and Kerala Model.

·         Drew the attention of the Union Government to the pending reconstitution of the National Commission for Minorities, Maulana Azad Education Foundation, the Haj Committee and the National Minorities Finance and Development Corporation.

(Forwarded to PM/Chairperson, UPA, 9 April, 2005)

Felicitations to PM on Completion of One Year in Office

I - Letter to PM Manmohan Singh, 18 May, 2005

The All India Muslim Majlis-e-Mushawarat (AIMMM) sincerely felicitates you on completion of one year in office and wishes you greater success and faster progress the future, as you have now laid the foundations of a new administrative and economic structure.

In you, we have a friend of the minorities and all the deprived peoples of our country.

The Muslim community is feeling a sense of liberation and it knows that there is a government which cares and which is ever prepared to listen to its grievances and resolve its problems and do the best it can.

We wish you could spare one hour every month to have a round table discussion with Muslim leaders of national eminence to review progress on matters of concern to the community.

II - PM’s Reply, 8 June, 2005

Thank you for the kind words and good wishes in your letter of May 18, 2005.

I assure you of our Government’s continued commitment to build a truly just, fair and inclusive society.

Completion of One Year by UPA Government

Resolution of MMM, 11 June, 2005

The Markazi Majlis-e-Mushawarat (MMM) of the AIMMM cordially felicitates the UPA Government for successfully completing one year in office and for its greatest achievement of changing the political environment in the country from strife to harmony, from power to freedom, from corruption to integrity and from frustration to hope and for laying foundations for building up a new polity and economy.

However, the MMM takes the opportunity to articulate the general feeling of disappointment among the Muslim community that many hopes raised by the CMP have not been realized and many promises have not been fulfilled, particularly on the educational and employment front and on overall empowerment and sharing of benefits of welfare and development programme.

Some new Commissions and Committees have been established to look into the grievances of the Muslim community, a few more Muslims have been coopted in the system through nomination but several institutions like the Haj Committee, the National Commission for Minorities, the Muslim Finance and Development Corporation, the Maulana Azad Education Foundation have not even been reconstituted.  No institutional mechanism for regular consultation between the Government and Muslim organizations of national eminence and no parliamentary or executive forum for addressing Muslim problems has been formed.  Instead, the level and frequency of adhoc interaction has gone down.  The POTA detainees are yet to be released.  The draft Law against Communal Violence is yet to be finalized and circulated.

The MMM also feels that the Government have not shown due sensitivity to the deep concern and enormous grief felt by the Muslim community over foreign developments e.g. the construction of Sharon Wall in Occupied Palestine, the Massacre of Muslims in Patani, Thailand, the War of Liberation in Chechenya and above all, the reported desecration of the Holy Quran in US detention centres, creating the impression of a widening communication gap.

The MMM requests the Prime Minister to set up a mechanism for regular consultation in order to  meet the legitimate expectation of the Muslim community and keep its faith and command its confidence in the years ahead.

Forwarded to PM / Chairperson, UPA, 11 June, 2005

Acknowledged by PM, 21 June, 2005

Aides Memoire

I - Minister for Law and Justice, 21 April, 2005

Compositon of Delegation: Mr. Syed Shahabuddin, Maulana Mohd. Shafi Moonis, Dr. Zafarul Islam Khan, Mr. M. Afzal, Mr. Navaid Hamid

Topics for Discussion

1.    Under-representation of Muslims in the HC’s and SC. Collection of Statistics. Appointment of Muslim Judges.

2.    Need for Government Statement on Uniform Civil Code and Non-Intervention in Personal Law.

3.    Intervention by the Union in Babari Masjid Criminal Cases pending in the Supreme Court.

4.    Delimitation Commission: Rotation of Reservation of SC and ST; Dereservation of Muslim concentration Constituencies

5.    Representation of Muslims in Law Commission and other Law Bodies.

6.    Review of Muslim Women (Protection of Rights on Divorce) Act, 1986.

7.    Disenfranchisement of Muslims under the Foreigner’s Act, 1946 and Harassment of Innocent Citizens under the IM (DT) Act, 1984.

8.    Review of State Laws on Conversion/Freedom of Religion.

9.    Review of State Laws for Protection of Cow and its Progeny.

10.  Review of Coimbatore Bomb Blast Cases

11.  Review of POTA Cases

12.  Supreme Court Judgement on Religiously Homogenous Cooperative Housing Societies

13. Conflict between the Wakf Act and the Historic Monuments Act, 1958.

II - Minister of Culture, 27 April, 2005

Compositon of Delegation: Mr. Syed Shahabuddin, Maulana Mohd. Shafi Moonis, Dr. Zafarul Islam Khan, Mr. Amanullah Khan, Mr. Syed Mahmood Ali, Prof. Shakeel Ahmad

1.   ASI’s blanket Ban on Use of Protected Masjids for Namaz despite Agreement on 1.3.1984.

2.   Stay on ASI’s Order of April, 2003 to Permit Exclusive Entry of Hindus on Tuesdays in Kamal Maula Masjid, Dhar, MP; Change of ASI’s Counsel in the Case pending in MP High Court and Revision of Brief

3.   Proper Maintenance and Repair of Protected Masjids and other Muslim Monuments by the ASI: Transfer of Responsibility for Maintenance of Masjids to State Wakf Boards.

4.   ASI’s Initiative for Declaration of Jama Masjid, Delhi as Protected Monument.

5.   UP Sunni Wakf Board’s Claim on the Taj Mahal.

6.   Institution of Separate National Scheme for Collection and Preservation of Arabic and Persian Manuscripts as also for each Classical Language, Sanskrit, Tamil and Pali.

7.   Review of Funding of RSS affiliated NGO’s by the Ministry.

III - M/Information and Broadcasting, 27 April, 2005

Compositon of Delegation: Mr. Syed Shahabuddin, Maulana Mohd. Shafi Moonis, Dr. Zafarul Islam Khan, Mr. Amanullah Khan, Mr. Syed Mahmood Ali, Prof. Shakeel Ahmad

1.   Due Increase in Duration of Urdu Broadcasts in the AIR Stations serving Urdu-concentration areas.

2.   Due Increase in Duration of Urdu Telecasts in the DD Kendras serving Urdu-concentration areas.

3.   Creation of National Urdu Channel in the DD.

4.   Use of Urdu in Radio/TV Programmes directed to the people of Pakistan, Afghanistan, Central Asia and the Gulf.

5.   Issue of Press Releases of PIB in Urdu

6.   Inclusion of Leading Urdu Papers in PBI’s Daily Summaries.

7.   Due Share of DAVP’s Advertisements for Urdu Press

8.   Reconstitution of Prasar Bharti and Indian Institute of Mass Communication.

Rules for Recognition of National/State Parties

Letter to CEC, 17 May, 2005

Please accept our sincere felicitations on your assumption of office as the Chief Election Commissioner. We wish you a very successful tenure.

Although the Election Symbols (Reservation and Allotment) Order, 1968 has just been revised. We feel that the Order needs to be fundamentally recast on the following lines:

1.   Political parties should be treated separately for recognition as national or state parties by reference to their performance in the last General Lok Sabha and Assembly elections respectively, say, 5% of the valid votes cast, spread over, at least 5 States, irrespective of the number seats obtained.

2.   Once a state party secures more than 5% of the votes in more than 5 States either in a subsequent Lok Sabha election or in Assembly, it should automatically graduate to the national level.

3.   Similarly, if a national party fails to make the grade in any election, it should not be recognized as a national party but as a State party in the States in which it fulfills the 5% condition until the next Lok Sabha election.

4.   Since Lok Sabha / Assembly elections are not synchronized, the number of States should be calculated serially.

We request you to simplify the rules.

On Alternative Shelter for the Displaced

Letter to President, INC, 30 June, 2005

As you may kindly recall, under your instruction, the Government of Maharashtra agreed to allot 150 sq.ft. of space in the western and eastern suburbs of Mumbai to the 80-90,000 displaced families. These families lived through winter in the open, on the rubble, and now they are facing rains, facing disease and death. Nearly 100,000 children are out of school. But so far there is no indication of when and where the promised pieces of land shall be available to them to begin a new life.

I request you to advise and instruct the Chief Minister to expedite the process of allotment and relocation as well as assistance in the form of building material.

Places of Worships in Housing Co-opts.

Letter to Lt. Governor, Delhi, 4 April, 2005

Please refer to my letter of 11 October, 2004 regarding the proposal of the MCD for the regularization by the DDA of unauthorized places of worship built unlawfully in the Campus of cooperative housing societies. There has been no response.

In fact, I had raised the issue with your predecessor on 8.10.2002 and sent you a copy of my original letter. Thus, the issue I raised is pending since October, 2002. At that time the Chief Minister had verbally told me that the MCD proposal shall be withdrawn. But there has been no action.

I would like to know the present status of the MCD proposal, based on a Resolution.

I would be grateful if you would kindly look into the matter and intimate the present position.

Employment of RSS Activist by HC, London

Letter to M/External Affairs, 16 April, 2005

I am advised that our High Commission had engaged the services of one Mr. Vikas Pota, an activist of the U.K. Hindu Swayamsevak Sangh, an affiliation of the RSS, during the NDA regime. Recently Mr. Pota came to public notice as the main person behind the invitation to Gujarat C.M. Narendra Modi to visit the U.K.

I would like to know if Mr. Pota’s engagement with the Indian High Commission in India continues and whether it has been terminated.

Rules for Allotment of Land for Places of Worship

Letter to Delhi Development Authority, 16 April, 05

Please refer to our letter of 9 September, 2004 regarding criteria or norms for the allotment of land for places of worship to various religious communities and the terms and conditions for such allotment. Your reply is still awaited.

We would also like to be advised of the procedure for filing application and completing the formalities.

Govt. Expenditure on Temple Renovation

I - Letter to HM Shivraj Patil, 25 April, 2005

The Government of Tamil Nadu has allotted Rs. 25 crores for the renovation of Temples during 2005-06 and conduct of Kumbabhisekam. This is not the first time that such an allotment has been made. Nor has similar allotment ever been made for renovation of Masjids and Churches.

Article 27 of the Constitution stops payment by the government of the expenses for the promotion or maintenance of any religion or religious denomination.

Since this is a recurring affair, we request to examine whether such allotments as are made by the Government of Tamil Nadu are in accord with the Constitution.

I am sending a copy of this letter to the Law Minister and to the Chief Minister of Tamil Nadu.

II - Reply from Minister of Home Affairs, 2 May, 05

This is to acknowledge your letter dated 25.4.2005 regarding allotment of Rs.25 crores for the renovation of Temples by Government of Tamilnadu.

Exile of A Muslim Family from Village

Letter to NHRC, 25 April, 2005

May I draw your attention to the newsreport that a Panchayat in Mansa, Punjab has thrown a Muslim family out of the village because a boy from that family married a jat girl?

This is prima facie a violation of human rights. Moreover, no Panchayat anywhere has the legal authority to declare anyone persona non grata and force him to leave the village.

This is precisely what is happening in Gujarat on a large scale.

We request that the NHRC take suo moto notice of the report and call for a detailed report from the State Government or the district authorities.

For Ban on Duplicate Quran

Letter to PM Manmohan Singh, 17 June, 2005

I draw your kind and urgent attention to the book “The True Furqan”, sub-titled ‘The 21st Century Quran’, published in the USA by Omega, 2000 and Wine Press.

The book is bilingual, in Arabic and English, and is being distributed to students in private English medium schools in Kuwait.

The book has 77 Surahs (Chapters) with names resembling, and even duplicating, the Quran. Incidentally the Quran calls itself ‘the Furqan’.

The book, as the sub-title indicates, aims to be a substitute for and a new edition of the Quran which, as you know, Muslims all over the world regard as immutable as an article of faith.

The purpose of the book is to inculcate non-Islamic beliefs among its readers, particularly the Muslim children of an impressionable age who may be brainwashed to accept it as the real Quran.

This publication is a despicable and mischievous act of desecration and hurts the basic faith of a Muslim.

Before it reaches our country and raises a religious and political storm, I request you to ban its entry into India and its circulation in any form in our country.

Muslim Population Trends

Letter to Ashish Bose, 2 June, 2005

May I draw your attention to table II which gives decadal rate of growth (1991-2001) of Muslim population, State-wise.

I find that West Bengal (25.9) and Assam (29.3) is lower than India 29.3 and lower than in several major States, distinct from the Bangladesh border in UP (31.3), Bihar (35.5), Maharashtra (34.6), Rajasthan (35.8), not to speak of other major Muslim concentration States which are lower than the national average. How does this tally with your vision of ‘unending illegal migration from Bangladesh’. I do not deny the existential fact but its quantum in my view is now reduced to a trickle. Grateful for your comments.

Benefits of Development & Welfare Schemes for Muslims

Letter to Chairman, W. Bengal MDFC,  18 May, 2005

Thank you for the copy of the Performance Report for 2004-05 of the West Bengal Minorities Development and Finance Corporation.

We felicitate you for the progress achieved by the WBMDFC in the area of soft loan for entrepreneurial activity, of educational stipends and in other areas. However, much remains to be done, both in widening the catchment area and in per capita assistance. As it is Rs.250 million for a population of 20 million amounts to only Rs.12/head per year!

Much more is spent on various central and centrally-sponsored and state schemes of development and welfare at the grass root level. A government committed to equality and justice, as yours is, should ensure that the deprived Muslim community (and all other such communities) receive their due share in the distribution of benefit at the operational level, whether Panchayat, Prakhand or Zila, unless the Scheme is universally applicable to every one who is eligible.

I particularly draw your attention to those major schemes in operation or soon likely to be, the Sarva Shiksha Abhiyan, the Rural Health Scheme and the Rural Employment Guarantee Scheme. I request you to give due consideration to identification of deprived groups and habitats and to ensure that they receive their due.

Access of Aggrieved Muslims to Governor

Letter to Governor of MP, 3 May, 2005

I am indeed very sorry to have been in Bhopal for 3 full days without having the pleasure of seeing you.

During my stay in Bhopal, I met a cross-section of the Muslim community and I received the impression that outside Bhopal, the Muslim community which is thinly scattered is living in a state of insecurity, apprehensive of mass violence with the local administration turning a blind eye, if it does not collude with the mischief-mongers. The local MLA’s and MP’s pay no heed to their woes. As you are aware there are only 2 Muslim MLA’s. So the Muslims have no access to the State Government or senior officers. There are even reports of migration from one affected area to another.

I request you that you should allow free access to Muslim delegations, specially from outside Bhopal because they look upon the Governor as their court of redress. Your benign attention will restore their morale at the grassroot level.

Social Control on Govt. Schools

Letter to M.I. Ansari, 1 April, 2005

Your write-up on reform of government schools. I fully endorse your view. Improvement of government schools lies in decentralizing the school system and putting all government schools under local social control, by empowering Panchayati Raj Institutions not only to oversee but to manage them in their jurisdiction, hire and fire teachers and decide on facilities and syllabus and admission policy. Everyone is anxious to have his children educated. Give him power and everyone will be equally anxious to see that the local school runs properly, the teachers teach, the incompetent and the unwilling are thrown out and the students learn.

Relief & Rehablitation for Victims of River Erosion

Letter to Abdul Mannan Hossain, MP, 6 May, 2005

As you must be aware, nearly 25,000 persons have been displaced in Jalangi area of your Constituency. Having lost their homestead and agricultural land they have been reduced to a sub-human existence. Since the state and the district authorities have not arranged any relief operation, many of the young people have left the area to find employment elsewhere. But the weaker elements, the women, the children and the aged, have nowhere to go and are literally starving and falling victim to malnutrition and disease, as they do not even have drinking water and they have no shelter.

We request you to draw the attention of the State Government to their pitiful situation and press it for providing immediate relief and rehabilitation.

In particular, we request you that the displaced be provided with BPL ration cards and those who are in a position to work should be provided with paid work on public projects. They should be compensated for loss of land and homestead and allotted government land in the vicinity for shelter and cultivation. Also the next-of-kin should be compensated, if any one in the family has died due to starvation.

Also the State Government should undertake long-term projects to stop erosion by the river Padma in the area and to stabilize its banks.

You represent the people of the area. In case the State Government is not forthcoming, we request you to visit the area and sanction embankment works out of the MPLADS funds at your disposal.

I am attaching a booklet compiled by Dr. Zafarul Islam Khan, Editor of the Milli Gazette, New Delhi, after a personal visit, giving the details for your information.

Rehabilitation of Powerloom Industry

Letter to M.I. Ansari, 27 May, 2005

I have read your note on Powerloom Industry in Bhiwandi.

I would like to know the definition of the powerloom industry. There must be owners who own the looms and employ weavers. How are the individual weavers paid?

Secondly, why can’t the powerloom industry in Bhiwandi organize a Cooperative Yarn Bank with the help of the government, if available. Then some Muslim entrepreneurs should also enter the market as wholesaler/commission agents and even as exporters.

But to my mind, the priority is to ensure living wages to individual weavers/loom operators and to the establishment of a Yarn Bank.

Compensation for Detention under POTA

Letter to M.I. Ansari, 30 June, 2005

You have written to so many authorities on the Ghatkopar POTA cases. I suggest that the you or the Defence Committee should represent to the National Commission for Human Rights on compensation for failed prosecution under POTA on false charges, on account of time and earnings and physical and psychological harassment.

AIMMM Discussion with National Commission for Minority Educational Institutions

Letter to Chairman, 21 April, 2005

First of all I sincerely thank you and your colleagues, on behalf of the All India Muslim Majlis-e-Mushawarat (AIMMM) for receiving its Delegation so cordially, listening to its presentation and sharing your thoughts with it.

2.   The AMMM appreciates the deep interest you have taken in identifying the factors which impede the development of education among Muslims at all levels.

3.   The AIMMM strongly feels that the scope of the NCMEI Act, 2004 should be enlarged to bring within its purview, secondary and higher secondary schools, degree and post-graduate colleges, apart from the professional colleges.

4.   The AIMMM also considers it essential that the list of Scheduled Universities be expanded by the Union Government through negotiation with the State Governments, the University Grants Commission and the Universities concerned as well as to include at least one University in each State of Muslim concentration, the Central Board of Secondary Education and the Secondary and Higher Secondary Boards in the States to which a MEI may seek affiliation. The AIMMM is happy to note that the tentative thinking of the Commission favours the idea of one University, Central or otherwise in each State.

5.   The AIMMM also feels that the question of NO OBJECTION CERTIFICATE for the establishment of professional colleges by the minorities needs to be tackled urgently.

a) by amending the Rules of the various professional bodies like the MCI, the DCI, the AICTE etc. which should all include special provisions applicable to minorities which do not have the resources to meet the prescribed pre-conditions, though they enjoy the constitutional right to establish educational institutions of their choice under Article 30 (1) of the Constitution.

b)   by setting a reasonable time limit of (say, 3 months) for the issue of NOC by the State Government beyond which the NOC will not be required and also by providing that rejection of a request for NOC will be accompanied by a speaking order.

c)   by directing the States not to apply double standards in applying the policy of educational planning to the MEI’s.

6.   Coming to the amendments proposed by the AIMMM in the NCMEI Act, 2004, the AIMMM requests that they may please be examined in the light of the above submissions. Some of the proposed amendments follow from the basic proposition to expand the scope of the Commission.

7.   The AIMMM shares the concern of the Commission on the educational backwardness of the Muslims in general and of Muslim girls and women in particular and feels that the Commission should ask the State Governments to undertake a survey of government schools, primary, middle (or junior), secondary and higher secondary, block-wise and district-wise, identifying the under-schooled administrative units in the light of the prescribed national norms, and give priority to the establishment of regular government schools in such deprived areas. The AIMMM is convinced that the administrative units where there is high concentration of the Muslim minority (apart from SC and ST) shall be found to be among the most deprived!

8.   On the question of improvement of quality of education in MEI’s, the AIMMM suggests that the Commission may undertake a state and district-wise survey of MEI’s and, inter alia, compile a list of functioning secondary and higher secondary schools and colleges established by the minorities which are not receiving any grant-in-aid from the State Government and then advise the latter to act strictly in accordance with the provision of Article 30(2) of the Constitution. Obversely, if the Commission receives a complaint from the MEI’s for non-sanction of grant-in-aid, the Commission should inform itself of its performance at the final examinations and advise it to improve, before recommending sanction of grant-in-aid to the State Government concerned.

9.   On the question of Modernization of Madrasa education, the AIMMM felt that the procedure of providing teachers of English or Hindi or Science or Mathematics or Social Studies to the Madrasas or enable them to purchase computers or books should be streamlined and the Madrasas which opt to take advantage of the Scheme should be permitted to recruit the teachers or make the purchase on their own against an annual advance from the State Government or subject to reimbursement.

The AIMMM also feels that the Maulana Azad Education Foundation may be used as the channel for this purpose. The Foundation itself should be moved to the Ministry of Human Resource Development from the Ministry of Social Justice and Empowerment and the earmarked fund be placed with the Foundation for advance funding/reimbursement of the Madrasas which apply for grant from this Fund.

Compositon of Delegation: Mr. Syed Shahabuddin, Mr. Saiyid Hamid, Prof. Shakeel Ahmad, Dr. Zafarul Islam Khan, Mr. Navaid Hamid

II - Reply from Chairman, NCMEI, 29 April, 2005

The Commission appreciates your concern for making this Commission more pro-active and responsive to the educational needs of the minorities. Your suggestions contained in your letter dated 21 April, 2005 will be taken into account while proposing suitable amendments in the National Commission for Minority Educational Institutions Act.

On Constitutional Status of Min. Commission

I - Letter to R.K. Saxena, 16 June, 2005

Please refer to your notification inviting suggestions on the Constitution (103rd Amendment) Bill, 2004. We would like to present our considered views to the Parliamentary Standing Committee. Our preliminary view is that the National Commission for Minorities :

a)    Should enjoy the same powers as the National Human Rights Commission;

b)    Its membership, including the Chairman, should reflect the inter-se proportion of minorities in the country

c)    Its members should have appropriate qualification in terms of education and expertise legal, administrative, financial and political.

d)    Status and emoluments of the Chairman and members should be prescribed.

e)    It should have an organic relationship with State Minorities Commissions for better coordination and uniformity of approach.

Since the time is short, we request you to give us 10 days more to submit our detailed memorandum to the Committee i.e. by 5 July, 2005.

II - Letter to Vice-Chairman, NCM, 17 June, 2005

Thank you for your letter of 14 June, 2005. I suggest that the NCM should compile and study its own recommendations in its annual and special reports and prepare a note on possible amendments to the proposed Bill to make it more effective, give it more teeth as well as prescribe qualifications and expertise for its membership and specially Chairmanship and fix their constitutional status. The NCM should place its views before the Parliamentary Standing Committee as well as brief the interested organizations and institutions.

I have asked Lok Sabha for more time so that, with your help, we can formulate concrete suggestions. I await your note.

Formation of National Committee

On Minorities Situation

Letter to Rajendra Sachar, Chairman,  NCSM,  27 Apr., 05

The All India Muslim Majlis-e-Mushawarat (AIMMM), the apex forum of the Muslim community, consisting of Muslim notables from various walks of life as well as representatives of many Muslim organizations, welcomes the establishment of your Committee for preparing a reliable data base on the political, economic, social and educational status of the community and other religious and linguistic minorities, which would enable the Government, with your advice, to frame a policy and an active programme to lift them from their present backwardness and deprivation.

We would like to interact with the Committee at its convenience but at an early date, in order to suggest some lines of inquiry which may help the Committee in fulfilling its mandate.

We request you to fix a date on which most, if not all, members of the Committee shall be in Delhi.

We look forward to our meeting.

Special Stamp to Honour Abdul Qayyum Ansari

I - Letter to PM Manmohan Singh, 28 May, 2005

I am writing this to draw your attention to the birth centenary of the great Muslim leader Abdul Qayyum Ansari (1905 - 1973) who served as Minister in the Government of Bihar, as MP and as President of the BPCC. He was far long the President of the All India Momin Conference, the nationalist Muslim organization which was in the thick of the Freedom Movement and supported the Indian National Conference. He was associated also with the AnjumanTaraqqui-e-Urdu.

Ansari Saheb was a man of great culture and erudition and is perhaps the most prominent personality thrown up by the Momin community in independent India.

It would be in the fitness of things if a commemorative stamp was issued to mark his Birth Centenary. I request you to advise Shri D. Maran, the Minister of Communication in this regard.

I also suggest that you may also issue a suitable statement on the occasion.

I - Government Reply, 30 June, 2005

... You would be happy to know that the proposal has been approved for issue of stamp on 1st July, 2005.

Acquisition of Tipu Sultan Collection

Letter to PM Dr. Manmohan Singh, 12 April, 2005

I beg to draw your attention to the ensuing auction of the Tipu Sultan Collection by Sotheby on 25-26 May, 2005.

This is the most important collection on Tipu Sultan to enter the market and is estimated to fetch more than £800,000 i.e. about Rs. 52 crores.

I enclose a copy of the PTI release on the subject dated 10 April, 2005 for ready reference.

As you know, his Mausoleum in Srirangapatnam is a place of pilgrimage for all Kannadas, irrespective of religion. To the most of us, his was the last resistance to the expansion of the British Empire.

We request you to advise the Government of Karnataka to acquire this collection of inestimable historical and emotional value. This will enhance the importance of the Museum which already exist.

President’s Reports on Visit to Assam, 19-24 May, 2005

On Settlement of Displaced Persons of  1993

Statement, 28 May, 2005

“During his visit to Assam during 19-24 May, 2005, the President of the All India Muslim Majlis-e-Mushawarat (AIMMM) visited on 23 May, 2005 the make shift camps occupied by the Muslim Bengalis who were displaced from their villages during the Bodo Disturbances in 1993.  Nearly 5,000 families, totaling to about 50,000 persons of all ages, continue to live in slum like conditions without any basic facilities in 7 or 8 camps spread along the NH 31 in Bongoigaon and Kokrajhar districts.  He also held discussion with district administration as well as with local leaders.

These private camps are located on private land, leased by the refugees.  The State Government and the district government provide no facilities.  Emergency relief was stopped by the Government after 6 months and some families were paid Rs. 10,000/- and asked to fend for themselves.

Because of the hostile social environment, the displaced cannot go back to their villages which are inside Bodoland.  So they cannot re-claim the land they tilled or their homes in which they lived.  The only alternative is their permanent resettlement outside Bodoland. 

The State Government has initiated a Resettlement Scheme to settle them on government land by allotting 1.5 kathas to each family as homestead land.  This Scheme would require 1,500 bighas. Unfortunately so far only 200 bighas have been identified. Even that land is yet to be parcelled and allotted.  The Government has not even decided which families shall get priority.

The AIMMM demands that the Resettlement Scheme be expeditiously implemented and once sanction is accorded, its development and allotment to displaced families should not take more than 6 months. Priority should be given to large families and generally those displaced from the same village should be resettled in the same place.

The AIMMM also demands that

a)   The Government should acquire at market rate the agricultural and homestead land, the displaced left behind in their original villages, and pay the acquisition value to the families concerned.

b)   The Government should upgrade the ex-gratia payment for loss of life and injury to the level fixed by the Delhi High Court in case of those killed and injured in the 1984 Delhi Disturbances and extend it to cover the cases of missing persons against an indemnity bond signed by the next-of-kin.

The AIMMM also demands that, in the meantime, the State Government should pay the rent of the land on which the camps are located and provide basic facilities to the residents.

a)   Hand pumps to provide drinking water.

b)   Small medical unit with a nurse-cum-midwife and a pharmacist in each camp with a weekly visit by the M.O. of the nearest Primary Health Centre.

c)   One-teacher Primary school

d)         Barbed wire fencing along the NH, to prevent road accidents involving children.

On Exodus of Bengalis from Upper Assam

Statement, 30 May, 2005

“During his visit to Assam (19-24 May, 2005), the President of the All India Muslim Majlis-e-Mushawarat (AIMMM) visited Tinsukia and Dibrugarh districts in Upper Assam to study the forced eviction and exodus of Bengali-speaking daily wage earners to their native places in Lower Assam, particularly Barpeta and Goalpara.  He visited mahallas of Bengali-concentration and the sites of burnt homes, spoke to the people, the intelligentsia, the political workers and the mass media.  He reviewed the situation with the district administration.  On 24 May, 2005 he held a well-attended press conference in Guwahati to highlight the situation.  He also spoke to the Chief Minister. He also visited Barpeta to meet some displaced families and addressed public meetings.  His conclusions are given below:

Conclusions

The RSS, its political front the BJP and its associates the Vishwa Hindu Parishad, Bajrang Dal and the AASU are behind the Chiring Chapori Yuva Manch (CCYM), the ‘shadow organization’ which is trying to revive the foreigner’s issue and propagating hatred and violence against the Bengali-speaking citizens through leaflets (without print line), local meetings and personal visits and even mobile calls.

Wherever the local administration is slack or tends to ignore the vicious development or becomes a mute spectator, some members of the target group, largely poor and illiterate, in isolated areas, succumb to threats and loss of livelihood, pack up and leave for their village or town of origin in lower Assam.  But whenever the administration is vigilant and restrains the mischievous elements, there is no exodus.  Thus, the impact in Dighoi is minimal and in Margharita almost nil, but in Tinsukia, the threat of violence was in the air and there had been noticeable exodus.  Dibrugarh has touched the peak with nearly 10-15,000 persons having left the district within a few weeks while Jorhat had apparently the best record because the district administration had gone all out to restore the confidence of the target groups.

The target groups are the ‘foreigners’.  But it is understood that all Bengali-speaking persons, citizens or otherwise, Muslims or Hindus, fall under the definition. Biharis have not yet been touched but they have also been feeling the heat and some are leaving the area.  In actual practice, all Bengali-speaking Muslims are the primary target.

BJP has chosen Assam for its next trial of political strength.  Following the Union Government’s decision not to repeal the IMDT Act and confronted with its inability to find an election issue, and exploited the ill-informed statement by the Governor of Assam, it decided to revive the Foreigner’s Agitation.   Mr. Pramod Mahajan has been made incharge of the election due in 2006,  The creation of facades  and use of high tech are signature tunes of Mr. Mahajan.

The boycott call and the threat of forcible expulsion are blatant denial of Article 19 and Article 21 of the Constitution.  Even to label a person as a foreigner without due legal verification is a denial of rule of the law.  Identification of foreigners must be done in accordance with law.

It is obvious that such terrorization and violation of the law are illegal activities.  Threats create fear and either provoke inter-group conflict or force the target group to surrender its constitutional and human rights including its right to life, property and honour and its freedom to the will of the terrorists.  It is, therefore, essential that such organizations must be declared as unlawful and its members placed under restraint.

Recommendations:

The All India Muslim Majlis-e-Mushawarat (AIMMM) demands:

a)   The Central Government should remove the Governor of Assam forthwith for having re-ignited a fire with an irresponsible statement

b)   The State Government should ban the CCYM and instruct the DM’s/SP’s to identify the local leaders and detain them and to keep in touch with the target group in order to inspire their confidence.  They should also form Citizen’s Committees to mobilize the civil society in support of the rule of law. 

      In this context, the AIMMM appreciates the recent Statements of the Chief Minister and hopes that his stand would galvanize his administration into action against the mischievous elements and protect the target groups

c)   The District authorities should NOT entertain private applications for declaration of any person as foreigner but ask the applicant to follow the procedure laid down under the IMDT Act.

d)   The secular political should parties jointly purge hatred and harassment through public meetings and visits to threatened localities.

e)   The secular forces among the intelligentsia should be vigilant against the machination of communal forces and form Committees for the Defence of Fundamental Rights.

f)        The civil society and the professional classes, should monitor the situation, cooperate with the administration, offer legal aid to the harassed and relief to those who are forced into exodus or whose property is destroyed.

g)      Educated persons in affected communities should also form groups to help individuals harassed by the mischievous elements or by the local police and provide relief to those in distress.

Representation to CM, Assam

Letter to CM Assam, 26 May, 2005

It was a delightful surprise to meet you in the flight to Delhi on 24 May, 2005.

I briefly mentioned to you the problems of the forced exodus from Upper Assam and the delay in the resettlement of those displaced in 1993 Bodo Disturbances.

You were kind enough to remark that basic facilities could be provided in 10 day’s time.

That is why I am sending you a copy of my note. I draw your kind attention to the last para and request you to instruct the district authorities to do the needful urgently as well as ask your colleague the Revenue Minister and the District Collectors to implement the Resettlement Scheme expeditiously.

Formation of Minorities Rights Protection Committee

Letter to Amir, JIH, Assam, 26 May, 2005

I thank you sincerely for receiving me on 19 May, 2005 on arrival and organizing a preliminary discussion that very afternoon and a detailed discussion on 24 May, 2005 morning and above all for organizing the press conference.

I also hope that you have been able to establish the Minorities Rights Protection Committee with the support of all Muslim organizations. If the Committee becomes active, we can mobilize public opinion in Assam and outside in its name. It must draw a programme of action. I suggest that a Muslim Majlis-e-Mushawarat and JIH Delegation including others available should visit Dibrugarh and Tinsukia, every month, until the situation become normal.

Non-Bodo Representation in Bodoland

Letter to HM Shivraj Patil, 27 May, 2005

On my visit to Assam (19-24 May, 2005), it was brought to my notice that 36 out of 40 seats in the Bodoland Territorial Council are reserved for the Bodos, which leaves only 4 free for contest by non-Bodo candidates. On the other hand, it is claimed that non-Bodos constitute a much higher proportion (some stated it to be as high as 40-50%) of the Bodoland’s population. Of course, the non-Bodos consist of many ethnic groups but largely Santhal and Bengali.

We would, therefore, be grateful to be informed of the demographic break-up of Bodoland, district-wise, and the location of the 4 general seats in the B.T.C.

On Foreigner Problem in Assam

Letter to The Assam Sentinel, 2 June, 2005

Kindly refer to your recent articles in the Assam Sentinel under the heading Sinister Falsifications. Your articles commend and support the campaign by the CCYM of socio-economic boycott of the ‘foreigners’ and physical threats to force them out from Upper Assam.

I was in Assam between 19 –24 May, 2005 and I visited Tinsukhia, Dibrugarh and Barpeta. Ground inquiry showed that the evictees were almost hundred percent Bengali-speaking Muslims from Lower Assam and some Biharis. In reality Bengali-speaking Muslims domiciled in Assam are the actual target of this campaign. One cannot deny that there may be some illegal immigrants from Bangladesh among them. But how are they to be identified. By arbitrary accusation by CCYM which is but a private group or by rule of law?

All citizens enjoy the fundamental rights of free movement throughout the national territory and of engagement in any vocation/occupation (Article 19) in pursuance of their right to livelihood (Article 21), not to speak of equality before law (Article 14 and 15) and right to religious freedom (Article 25) and right to linguistic identity (Article 31). So how do you vest a shadow organization which does not have the courage to show its face or name its leaders, with the right to determine where a citizen shall live and work? How can you allow it to take law in its own hands? And run a parallel administration? And wage a war against the State?

This is and has been the basic flaw in the Foreigner’s Movement in Assam since the late 70’s. I wrote the first Resolution of the National Executive of the then ruling Janata Party on the Assam Movement in 1979. This was approved by all the leaders, among them, by Vajpayee and Advani. This Resolution emphasized the Rule of Law.

I am not one of those who claim that not a single Bangladeshi has illegally entered our national territory. But we must identify them in accordance with law and thus force Bangladesh to accept their repatriation. But I believe that the numbers are exaggerated. Between 1991 and 2001, the rate of growth of Muslim population, always and everywhere higher than the general population is lower than for the country as a whole and for Muslims in several other States in Assam, and West Bengal for 1991-2001. How do you then sustain your theory of continuous flow of Muslim Bangladeshis into our country?

As you are aware, the status of the Bengali-speaking citizens, residing in Assam, has been systematically and repeatedly checked by the administrative and the electoral authorities as well as by the Tribunals in the case of those arraigned before it.

I have suggested many times the issue of Residence Cards, not a Citizenship Card, in the border areas so that any new comers can be easily identified.

I have also suggested improving the procedure of the Tribunals in order to expedite their process. What is your suggestion? Declare all Bengali-speaking persons, per se and en masse, as foreigners illegally residing in India? And then, how do you propose to force them into Bangladesh? At the point of the gun. And how do you force Bangladesh to accept them? Declare war against Bangladesh, failing that do you propose to put them in concentration camps and liquidate them?

Every sq. inch of India belongs to the Assamese as much as it does to the other Indians and all Indians have as much right to live and seek livelihood in Assam as the Assamese. Do you wish to break this beautiful symmetry? Do you want Assam to secede from the Union as the ULFA demands?

On Revival of Agitation on Foreigner Question

Statement of MMA, 9 April, 2005

The Markazi Majlis-e-Amla

*     Deplored the decision of the BJP to revive for political gain the dormant foreigners problem in Assam and West Bengal and demanded the issue of residence certificates to all residents of the border areas of Assam and W. Bengal within a 20 km. Zone, for the identification of the infiltrators, and the establishment of  Tribunals under the IMDT Act, 1984 in West Bengal and in all urban areas of suspected concentration of illegal migrants from Bangladesh to determine the nationality of the suspects, in accordance with law, before they are faced with deportation, in order to eliminate arbitrariness and corruption and harassment of Indian citizens.

Communicated to HM Shivraj Patil, 12 April, 2005

Acknowledged by M/Home Affairs, 21 April, 2005

Identification of Foreigners in Accordance with Law

Letter to CM, Maharashtra, 26 April, 2005

You raised the question of Bangladeshi illegal immigrants at the National Conference on Internal Security. You have again referred to it in an interview (outlook, 2 May, 2005). The issue is not whether there are some illegal immigrants from Bangladesh in Maharashtra. The issue is whatever the number, how they are to be identified in accordance with law, avoiding harassment to the innocent citizens. If you have reasons to think that Mumbai or Maharashtra has a large concentration of Bangladeshis, we suggest that you should notify the Illegal Migrants (Determination by Tribunal) Act, 1984 in Maharashtra and set up due number of Tribunals envisaged in the Act and let them decide quasi-judicially, in accordance with law, whether the suspect is in fact a Bangladeshi, not because Shiv Sena or BJP says so or the local policeman thinks so.

If the name of the suspect is in the electoral list, the onus of proving that he is a foreigner falls on the Government, in accordance with a ruling of the Supreme Court.

We are apprehensive that not only all Bengali-speaking Muslims but any Muslim living in Maharashtra may be harassed unless the authorities do their homework, check the references e.g. hometown etc. given by the suspect, place the case before the Tribunal and obtain an order of deportation.

In Defence of IMDT Act

Letter to Azad Academy Journal, 14 April, 2005

Apropos Mr. Prakash Singh’s letter to the Prime Minister (Azad Academy Journal, April, 2005) while objecting to his comments on Bangladeshi Immigration into India, I would plead for immediate introduction of Identity Cards or Certificates of Residence to all residents within, say, 10 kms. of the Indo-Bangladesh border which would help to identify all new immigrants. The Identity Card should clearly state that it is not a certificate of citizenship. This can be done even before a guest worker programme is negotiated between the two countries.

There is a clear legal flaw in Prakash Singh’s analysis. In the situation obtaining in Assam, how can identification of illegal immigrants be left to motivated individuals who had organized a campaign against all voters with Bengali surnames as suspected foreigners! The bureaucracy and police in Assam are also infected with chauvinism. So it is fair and equitable that the foreigners be identified through a judicial or quasi-judicial process without any harassment of genuine citizens. The Supreme Court has already ruled that no enrolled voter can be taken off the rolls without due process of law and if he is charged with being a foreign national, the onus of proving the charge lies on the State.

I agree that the Tribunals have been very slow. But so is our entire judicial machinery. Shall we for that reason throw it out of the window? Indeed we should apply our mind to find procedural ways and means to expedite investigation by the police and accelerate the process of the Tribunal.

Incidentally, the IMDT Act applies to the whole of India and all States which suspect the presence of substantial number of illegal immigrants should set up Tribunals and notify them under the Act.

On Rate of Growth of Muslims in Assam

Letter to South Asian Politics, 4 June, 2005

Prof. B.B. Dutta’s article on the Demography of Assam and North East (January, 2005) focuses on the higher rate of growth of Muslims compared to that of the State as a whole or of the Hindus. But the Census 2001 data show that the rate of growth of Muslims in Assam in lower than that of Assam, as a whole, and of Muslims in other major States of their concentration in the country. Obviously, Muslim migration from Bangladesh has slowed down.

One aspect of the problem is to seal the border against any human seepage. The second aspect is to identify the illegal migrants and to deport them to Bangladesh. But the Constitution demands rule of law and equality before law demands equal treatment for all illegal immigrants, whatever the religion or language. Prof. Datta, it is obvious, wants Hindu Bangladeshis, but not Muslim.

He is also apprehensive of growth of Christian population, presumably through conversion. He adopts unfortunately the chauvinistic yardstick of Indian and non-Indian religions. Also, he forgets that it is only by a questionable instruction that all those who do not declare their religion as Christianity (or Islam or any other enumerated religion) are classified as Hindus!

Prof. Datta sees the demographic situation as a national challenge but fails to inform us how he proposes to deal with it by forced deportation of all Bengali-Muslims into Bangladesh, by converting Muslims and Christians en masse to Hinduism or by liquidating them. I wonder how he plans to deal with non-Hindu majority in the N.E. States.

In my view, there is no alternative but to accept a differential in the rate of growth among different social groups in a plural society and endeavour to build a harmonious relationship among different groups in the hope that at some stage with further socio-economic development and its benefits reaching all groups in equal measure, the rate of growth shall converge at a uniform low.

Review of Selection Procedure for Civil Services

Letter to Prime Minister, 7 April, 2005

You must have heard of, if not read, the recent book “Open Secrets” by a former Joint Director of the I.B. M.K. Dhar. It has been extensively reviewed in the national press.

I would like to draw your attention to A.G. Noorani’s review (Economic and Political Weekly, 26 March, 2005). He concludes by saying:

“It is a pity the nexus between the IB and the Sangh Parivar has been overlooked. What Advani did to the IB when he was home minister can well be imagined.”

Cultivation of, and association with, politicians is part of the professional challenge of intelligence. But the operation should be politically and ideologically neutral and intelligence agent should not become a tool in the hands of the politicians he consorts with. In any case he should not share their ideology.

I have always felt that the police and intelligence machinery at all levels have been infiltrated by the Sangh Parivar over the years. It is possible that the Sangh Parivar by design motivated and encouraged the youth ideologically nurtured by them to join this machinery with an eye on the future.

To educate the youth so that they develop a basic commitment to Democracy, Secularism and Social Justice is the task of the educational system which is not performing as it should. So, when young men are inducted into the All India and Central Services, the selection machinery following by the training system should be able to eliminate the mindset which is anti-democratic, anti-secular and anti-social justice.

Our Services should have a healthy interest in national affairs, even national politics, a commitment to national goals and aspirations, without any identification with any ideological line which militates against the basic philosophy of the Constitution.

For the nation to avoid lapses into occasional insanity as in 1984, 1992 and 2002, the selection procedure as well as the training programme need to be reviewed in-depth.

Communal Character of the RSS

Letter to G.S. Bhargava, 8 April, 2005

I have just read your article on the ‘Saheb’ , in the Mainstream, April 1-7, 2005.

Towards the end you have reproduced his views on the RSS. Quite apart from the preponderance on Brahmins in the RSS hierarchy (which is no longer true of many new parties), he saw the RSS as ‘extremely patriotic’. I wonder if the Saheb had studied the exclusivist ideology of the RSS as expressed by Golwalkar. How can any organization be patriotic if it does not love all sections of the people in the fatherland equally?

Then he credited them with ‘never act in a manner harmful to national interests’. RSS had participated in anti-Muslim violence in Jammu, Punjab and Western UP to throw them out. In riot after riot, only recently in Gujarat, the Sangh Parivar cadre were in the forefront of the mayhem. Can any one say that organized violence against any section of the people is in national interest?

RSS, he also said, is not a political organization? Who created the BJP? Who directs the politics of the BJP as its Rajguru? Who exerted constant pressure on the Vajpayee Government? Who supports and works for BJP candidates in elections?

RSS, he stated, want ‘regeneration of Hindu culture’. The ‘Saheb’ should have know that culture is not static and that the Hindu culture of the Vedic or the Gupta Age cannot be regenerated. Nehru’s composite culture (incorporating elements from Islamic culture) has also been changing. How can a person who believes in social and cultural dynamics and proposes socialism, accept the concept of ‘revivalism’. Was he a Brahminical Socialist? Or believed in Hindu Socialism?

Perhaps we should meet sometime.

Comments on Draft Bill

Letter to Ms. Mohanty, 31 December, 2004

Thank you for your email of 23 December, 2004 and the attached draft Bill.

I appreciate the conceptual design of the Bill which covers inter-group violence in all its forms and manifestation. But I would not use the phrase ‘sectarian violence’; rather I would use the phrase ‘social violence’ or ‘inter-group violence’. I also appreciate the idea of punitive fine and levy. However, Section 3 needs to be supplemented to reflect Section 2(a) by providing punishment for all those who actually indulge in violence against person or property or dignity of a member of another social group and cause loss of life, property etc.

If the criminal offence committed during social violence are to be defined under the IPC, the Bill should provide for 50% additional punishment because of the ‘hate’ element.

Ex-gratia Payment to Bhagalpur Victims

Letter to Governor of Bihar, 10 May, 2005

Shri Ram Vilas Paswan, President of the Lok Janshakti Party, has demanded in a letter addressed to you an inquiry into the ex-gratia payment to the next-of-kin of those killed and to the injured in social violence in Bihar since 1990.

Shri Paswan has stated that between 1990 and 2000, 18,700 persons belonging to the minorities and others were killed and 52,170 were injured but most of them have received no ex-gratia payment from the State Government.

It is a fact that many victims of the Bhagalpur Massacre of 1989 have not yet received their due.

We support his request in the interest of justice.

Proposed Legislation to Curb Communal Violence

Letter to HM Shivraj Patil, 10 May, 2005

You may kindly recall your assurances that as soon as a working draft of the proposed legislation on Communal Violence has been prepared by the Ministry, it shall be placed on the website so that the public may contribute its views and suggestions which would help the Ministry in finalizing the draft, before it is placed before the Cabinet for approval and introduced in the Parliament.

We have noted that the mainstream media has during the last 2 or 3 weeks commenting on contents of the ‘Bill’ but it has not yet been placed on the website, so we are left at a disadvantage.

I spoke to Mr. A.K. Jain, Joint Secretary today. He confirmed that the draft has not yet been put on the website because it is not yet ready for eliciting public views. He did not know how mainstream newspapers had been making comments and advancing suggestions.

I feel that the process you had envisaged was very satisfactory and took into consideration the long-term aspects of the proposed legislation and the sensitivity of the subject.

I, therefore, request that the rough draft should be placed in the public domain so that the concerned and interested individuals and organizations may send you their input which may be utilized in finalizing it.

Violence in Mandi, HP

Letter to Deputy Commissioner, 30 May, 2005

The All India Muslim Majlis-e-Mushawarat (AIMMM) has painfully noted the acts of arson and sacrilege against some Masjids in Mandi in reprisal for a criminal attack on a non-Muslim woman and several other bus passengers with acid by a Muslim. This was obviously a purely personal act.

The AIMMM appreciates the prompt action by the administration to restore law and order and requests that the Masjids be repaired forthwith and those who have suffered loss of limb and property be suitably compensated, irrespective of religion or caste or place of origin and the culprits be identified and prosecuted.

Use of Deogratory Terms for Muslims

Letter to Shekhar Gupta, 12 May, 2005

I draw your attention to the Shankar’s letter posted on your website at 17.42 hours on 11.5.2005 which uses the phrase ‘Paki terrorist’ and ‘Katwe’ which are both derogatory and highly provocative. I request you that your editor should edit out such words and phrases before publication in the interest of credibility and prestige of your esteemed paper.

On 18th Anniversary of Hashimpura Massacre

Letter to Moulvi Yameen, 26 May, 2005

On 22-23 May, 2005 fell the 18th anniversary of the Hashimpura Massacre. It has gone unnoticed.

Since the State Government has been very slack in the prosecution of the culprits, 2 years have elapsed since the case was transferred to Delhi from Ghaziabad without any progress. Since we have been unable to pressurize the Government of UP into action, I suggest that you ask the Minorities Council to approach the Supreme Court again for further direction. The All India Muslim Majlis-e-Mushawarat shall be happy to associate itself and share the cost.

However, the Minorities Council should also separately ask the Supreme Court to direct the State Government to raise the ex-gratia payment made to the next-of-kin to the same level as in the case of Delhi Massacre of 1984, in respect of at least those victims whose killing is acknowledged by the Government of UP.

Delay in Trial of Coimbatore Detainees

Letter to CM, Tamil Nadu, 19 April, 2005

As it must have come to your notice 5, of the 166 accused in the Coimbatore Bomb Blast Case tried to commit suicide yesterday because they have been in detention for 7 years and their applications (along with 66 other accused) for a separate trial, though conceded by the Special Court, had been rejected by the Hon’ble High Court, on appeal by the Crime Branch – CID of the State Government.

These 71 have a legal point because while the other 95 accused have been charged under Section 120B of the IPC, they have not been.

We request you to have their cases reviewed by the Advocate General, the Chief Secretary and the Home Secretary so that if the charges framed against them are not serious, the case against those 61 may be withdrawn by the State.

We also request that the Special Court trying the case may be moved by the Special Public Prosecutor to hold day-to-day hearing in order to expedite the proceedings.

On Release of Godhra Detainees

MMA Statement, 9 April, 2005

The Markazi Majlis-e-Amla

*     Took note of the 3rd Anniversary of the Godhra Train Fire and the Preliminary Banerjee Report and called upon the Government to review the cases of the eminent members of the Muslim community in Godhra, presently detained under POTA, withdraw the charges and release them.

Communicated to HM Shivraj Patil, 12 April, 05

Acknowledged by M/Home Affairs, 21 April, 05

Action on Addl. DGP Gujarat’s Affidavit

Letter to HM Shivraj Patil, 16 April, 2005

The affidavits filed by Shri R.B. Sreekumar, IPS (1971), Additional DGP Gujarat before the Central Administrative Tribunal as well as the Nanavati Commission of Inquiry in Gujarat Disturbances corroborated by his personal diary have exposed the key role of Shri Narendra Modi and of his Government in encouraging genocidal violence against the Muslim community during February-June, 2002, instead of performing the Constitutional duty of protecting their life, honour and property.

These affidavits indicate that it was a case worse than the failure of the constitutional machinery, it was a case of deliberately using power to flout the Constitution.

In our view, the Union Government should take cognizance of the views and directions attributed to Shri Modi by a very senior police officer of Gujarat.

One may argue that allegations have to be inquired into but these only corroborate the evidence already before the National Human Rights Commission and the Supreme Court and fit into the pattern of approach and action adopted by the Modi Government before and after the Assembly election.

We think the Union Government has before it adequate material to advise the President to dismiss the State Government and impose President’s Rule in the State. However, caution demands that the CBI may be asked to check the veracity of the affidavits of Shri Kumar in a time-bound manner before any action is taken.

Compilation of Testimony of Survivors

Letter to Sahmat, 19 April, 2005

We felicitate you on holding the Convention on ‘Flashback, Gujarat, 2002’ on 18 April, 2005. We presume that the testimony of the survivors has been recorded and shall be compiled and submitted to the Union Government as well as the Supreme Court, as well as made available to the public.

BJP’s Stand on Gujarat Massacre

Letter to Pramod Mahajan, GS, BJP, 9 May, 2005

You have stolen the nation headlines today by your criticism of the Sangh Parivar’s stand on the Gujarat Massacre. You have demolished Narendra Modi’s case. I appreciate your moral courage and thank you on behalf of the victims.

I hope you shall also make a serious study of the Godhra Train Fire. By all accounts, it appears to be another Reichtag Fire, to set the stage for the Gujarat Massacre for which advance preparations had been made. I am sure you have to courage to lift the curtain, if this is so.

Casualty Figures of Gujarat Massacre

Letter to MOS for Home Affairs, 28 May, 2005

On 11 May 2005, you informed the Rajya Sabha that in post-Godhra riots in Gujarat, 790 Muslims and 254 Hindus had been killed and that 223 persons were reported missing. However you have not given the religion-wise break-up of the missing. We would be grateful fro the information.

Some questions arise because the figure given by you are far short of the estimated loss of life which was close to 2000.

We would like to know the total number of lives lost as claimed by the next-of-kin. Some of the claims were rejected by the State Government but some may be pending. We would like to know the number of pending claims with religion-wise break-up.

I would be grateful for your kind attention.

Distress Sale of Land in Gujarat

I - Letter to HM Shivraj Patil, 17 June, 2005

May I draw your attention to Shri Shiv Kumar’s dispatch in the Tribune of 17 June, 2005 on sale of land by Gujarat Muslims under pressure (photocopy attached). The substance is that nearly 15,000 displaced Muslim families are unable to go back to their villages, live there and cultivate their land. So they are making distress sales of the land, even land near the urban centres.

We request you to advise the Government of Gujarat :

a)   either to provide a secure environment so that the displaced can go back and till their land. This also applies to the shopkeepers.

b)      Or to have the land valued by the Registration Department so as to ban distress sale at below the market value.

(Interim Reply from Home Minister, 23 June, 2005)

Due Place to Urdu in UP Schools

Letter to President, INC, 13 April, 2005

It has been reported that a Muslim Delegation called on you at Rae Bareli and, inter alia, demanded the establishment of a Urdu University in UP under the Union Government.

I think the Congress should not compete with the Samajwadi Party in the largely symbolic effort.

The Union Government has already established Maulana Abul Kalam Azad National Urdu University at Hyderabad and there is no need for another Urdu University.

What is needed is introduction of Urdu as medium of primary instruction for Urdu-speaking children, provision of teaching of Urdu as the First Language to the students whose Mother Tongue is Urdu and establishment of primary and secondary schools under Sarva Shiksha Abhiyan in accordance with national norms in all relatively deprived Urdu-speaking areas, from Panchayats to towns.

In UP, Urdu is not permitted as medium of primary instruction; it is virtually exiled from the primary and high schools on one pretext or another and the Urdu-speaking areas are deprived of school facilities.

I am strongly of the view that the Urdu-speaking population of UP (which is 99% Muslim) shall respond enthusiastically if the State Congress launches a campaign for giving Urdu its due place in education as well as in administration, through honest implementation of the provision of the UP Official Languages Act, under which Urdu stands recognized as the Second Official Language.

Urdu in CBSE Curriculum

I - Letter to Chairman, CBSE, 6 May, 2005

I have been anxious to know the place and status of Urdu in the CBSE Curriculum for X and XII. I have received a host of material from you about CBSE syllabus for Urdu A and Urdu B and even the number of examinees, State-wise, but I do not yet know whether a student is permitted to offer Urdu as the First or the Second Language at the X examination as a compulsory subject, or only as an additional optional subject.

I am told that the CBSE curriculum for XII has no provision for any language either as compulsory or optional subject. This may kindly be confirmed.

I would be grateful for your kind attention.

II - Letter to Chairman, CBSE, 2 June, 2005

I thank you for your letter of 6 May, 2005.

Your letter shows that the option for the study of Urdu is only the educational; it does not exist in a practical sense, because no Urdu-speaking student would like to block his future by not offering either English or Hindi.

Unless the provision for offering an additional optional subject, carries an additional credit (e.g. by adding in the aggregate marks obtained in it above a cut-off point) is also not a workable incentive.

I would however like to know how many examinees in X or XII, say in 2004 took Urdu in place of Hindi or English and how many offered Urdu as an additional optional subject.

On a basic question, I would like to know the rationale behind the CBSE adopting a One-language or Two-Language Formula in place of the nationally accepted Three Language Formula.

On Proposed World Urdu Conference

Letter to Director, NCPUL, 12 April, 2005

May I remind you of my proposal to the National Council for Promotion of Urdu Language, to organize a World Urdu Conference in Delhi?

I request you to place a formal proposal on the agenda of the Council for consideration and, if agreed, for the formation of a Preparatory Committee which should be representative of the Urdu community in the country.

On NCPUL’s Survey of Urdu Education System

Letter to Director, NCPUL, 14 May, 2005

My I draw your attention to the article “The Great Urdu Fraud” by Dr. Ather Farouqui published in 2 parts in the Milli Gazette, 1-15 and 16-31 May, 2005 on the Project undertaken by the NCPUL to Survey the State of Urdu Education System throughout the country. This Project was conceived on 25 August, 1998 by the Academic Panel. In the course of 1999, the structure for the Project was set up. The Project finally came to a close in March, 2001, without presentation of a final report for action or public information though approximately 6 lakhs are said to have been spent on it.

What I am surprised to learn is that the Coordinator, the three Principal Investigators and three out of six Project Assistants did not even read or write Urdu! It is indeed surprising that no Urdu teacher or researcher of repute was associated with the Project.

I also wonder if finally an MOU was signed with the JNU and why the Project Team’s boycott of the Workshop organized by the NUP went unpunished. I have been trying to contact you and leaving my number for a call-back because I was told you are busy but there has been no response from you. Hence, this letter. I am sending a copy of this letter to the Vice-Chairman, NCPUL.

I would be grateful for an early reply and also suggest a formal reply to the Milli Gazette.

On Recruitment of Urdu Teachers through Common Test

Letter to Chief Secretary, UP, 21 June, 2005

The Allahabad High Court has removed the obstacle to the creation of the posts of Urdu Translators under the Government of UP at various levels and in various departments.

It is said that hundreds of posts which were earlier created and filled have either lapsed or are lying vacant.

We request you first to revive the lapsed posts, create due number of additional posts according to administrative need and take steps to fill them as soon as possible.

However, I would like to caution you that the holders of Jamia Urdu Certificate should not be taken only on the basis of their paper certificates they hold, specially those who have obtained the qualification since 1997. Since 1997, the Jamia Urdu has lost its academic credibility.

We suggest that the appointing authority should hold a competitive written test to which all university graduates with Urdu Honours and Hindi, all Kamils of eminent Madrasas who have a certificate of proficiency in Hindi or English and Adib Kamils of Jamia Urdu be admitted for selection.

On Cosmetic Changes in Jamia Urdu, Aligarh

Letter to The Milli Gazette, 1 April, 2005

Apropos the report on the installation of the new regime in Jamia Urdu, Aligarh, permit me to say that the change-over from Anwar Saeed to Abad Hasan Khan (Saba Khan is only a dummy) is like jumping from frying pan to fire.

Abad Hasan Khan’s nominees were all included by the Dy. Registrar of Societies, Agra, in the electoral roll, in my view, on questionable premises, for the election held for the posts of office-bearers. Obviously, the Abad Hasan Khan group then captured all posts. Its nominees for Secretaryship of the Society-cum-Registrarship of the Jamia Urdu has now been installed by the local administration. She is a sister-in-law of Abad Hasan Khan.

The transfer of power does not mean any real change. Abad Hasan Khan was not involved in the original take-over of the Jamia Urdu by Anwar Saeed in June-November, 1997 when the original Constitution of 1983, on the basis of which the General Body of the Jamia Urdu was reconstituted only in 1996 was not just amended but, with the collusion of the officials, virtually abandoned and replaced by a new one. He was later brought by Anwar Saeed as support in the physical struggle for distribution of the income of the Jamia Urdu. Apparently he and some other members of his group were made life members (a new category!) on payment of Rs. 100,000/- each. Whether any donation was made and, if so, who paid the amount still remains a mystery and a matter for probe by the I.T. authorities.

In any case a triangular contest for power went on from 1998 to 2002, between Anwar Saeed, one of his original supporters Usman Khan and the later draftee Abad Hasan Khan. In the two elections of 2003, Anwar Saeed managed to pull through but this time his luck failed. But the struggle for power will continue; Anwar Saeed has already filed a writ against the electoral list and the election.

The Jamia Urdu has fallen from graceful heights to disgraceful depths. Its academic credibility is at the lowest ebb. Its certificates are being rejected. It has no Chancellor or Pro-Chancellor, Vice Chancellor or Pro-Vice-Chancellor since 1997. Who will agree to accept these honorific posts from a body of soldiers of fortune? Moreover Jamia Urdu is no longer a registered society in its own right but only one of the educational institutions run by the Jamia Urdu Society, under the 1997 dispensation. Indeed the 1997 Constitution has no provision for the ‘superfluous’ past. The Secretary/Registrar would do!

It was a one-man show since 1997; it has remained a one-man show.

Jamia Urdu’s future lies in restoration of the pre-1997 Constitution or in being placed in the custody of a group of Urdu experts to nurse it back to health with the mandate to frame a new Constitution, form the General Body and hold election.

On Urdu Education in Delhi

Letter to VC, Delhi Urdu Akademi, 2 April, 2005

I am glad to know that the Delhi Urdu Akademi has undertaken a survey of the felt needs of the Urdu-speaking population in terms of primary instruction through Urdu and teaching of Urdu at high schools.

I would like to know if the government sees the need to establish more schools in Urdu-concentration wards and mahallas in view of Sarva Shiksha Abhiyan and whether the quantum of Urdu and Urdu-medium teachers needed has been worked out and whether the government has agreed in principle to sanction the needed additional teachers and, finally, whether the Akademi and the Delhi Government have agreed in principle that Urdu and Urdu language teachers shall be treated on par with other school teachers i.e. as government servants. Urdu community deserves, needs and demands regular teachers, not part-time para-teachers who are, like orphans, no one’s baby.

I would be grateful if a copy of the Survey giving what should be, what is and what is needed, mahalla by mahalla, with the population, is sent to me.

If the Akademi under a known Urdu lover like you fails, the Urdu-speaking population will have no option but to launch a mass movement to secure the fundamental right of their children.

Urdu in Primary & High Schools before Urdu Univ.

Letter to The Organiser, 18 May, 2005

Apropos Ms. Meenakshi Jain’s article on Urdu, she should indeed be delighted that Mulayam Singh’s Urdu gambit is not likely to work, since ‘Urdu does not enjoy wide usage among the Muslim masses’!

She has visited the history of development of Hindi-Urdu through centuries but she has forgotten the landmark event in 1828, when the British recognized Urdu, in what is UP now, as its vernacular and introduced it in administration alongwith English, in substitution of Persian. Without going into the details of the linguistic conflict in UP, let me come to the situation today. Despite 50 years of suppression and all possible official effort to exile Urdu from UP, at least 10% of UP’s population, some 60% of its Muslim population, have consistently declared Urdu as their Mother Tongue and Household Language. Urdu remains the 5th or 6th most widely spoken/written national language of the country. It is nothing but Hindu communalism to regard Urdu as a foreign language or not to give it its due place in UP or elsewhere in the country.

Munshi Prem Chand has been misunderstood by Ms. Jain. He was complaining about the limited market for Urdu books and the bigger market for Hindi, not about any prejudice against him in the mind of the Urdu public. He wrote in both, he was published in both and he is regarded as the one of the greatest writers of Urdu-Hindi Hindustani, written in both scripts.

Mulayam Singh Yadav will indeed be unable to harvest any political gain because Urdu people see through his game. While he is prepared to establish a Urdu University, he is not prepared to let primary school children, whose Mother Tongue is Urdu, receive instruction through Urdu or high school children to learn it even as Third Language. He is not prepared to amend the UP Education Code which prescribes Hindi alone as the medium of instruction. So Urdu-speaking children are largely deprived of all official educational programmes.

Incidentally, her article is nothing but a rehash of a well-known book by Amrit Rai, who, unlike his great father, entertained prejudice against Urdu!

Representation of Urdu Press in Press Council

Letter to M/Information & Broadcasting, 27 Apr., 05

This is with reference to my letter of 7 December, 2004 pointing out that there is no representation of Urdu press or Urdu-speaking community in the reconstituted Press Council. I have received no reply.

Considering that one of the tasks of the Press Council is to monitor communal writings in the press – particularly those which are derogatory or vilificatory of religions – it should, in my view, have a multi-religious character. I would request you to examine the composition of the Press Council from this angle

Publication of Urdu Speeches in Parliamentary Records

Letter to Speaker, Lok Sabha, 6 May, 2005

It has been brought to our notice that in the first edition of the Constituent Assembly Debates, Urdu speeches and even quotations of Urdu poetry were reproduced in Urdu script while the latest 10th edition completely omits Urdu script and the Urdu proceedings have been translated into English (for the English edition) and reproduced in Devnagari script for he Hindi edition.

We would be grateful to be informed of the factual position and whether this change has been effected after due consideration by the General Purposes Committee.

We would indeed be grateful if the Urdu texts are printed in Urdu script in the next edition.

Establishment of Urdu Channel on DD

Letter to M/Information & Broadcasting, 30 June, 05

As the President of the All India Muslim Majlis-e-Mushawarat, and as a citizen whose Mother Tongue is Urdu, I sincerely thank you for fulfilling your promise to introduce a national Urdu Channel on DD. This is a welcome acknowledgement of the fact that though Urdu is widely spoken and understood throughout the country, it has no home State and, therefore, it is fair and equitable that the DD should have a national channel in Urdu.

We are certain that the Urdu Channel shall have a large audience among people of all communities, just as ‘Urdu’ films have a large audience.

We thank once again you for this invaluable New Year gift.

Learning Urdu in USA

Letter to Mohd. J. Warsi, 12 April, 2005

Working of Maulana Azad Education Foundation

I - Letter to Secretary, MAEF, 17 June, 2005

I have gone through the papers you have sent me. The All India Muslim Majlis-e-Mushawarat (AIMMM) has already requested the Government of India to raise the annual allocation to Maulana Azad Education Foundation to Rs. 100 crores to enable it to make an effective contribution to the promotion of education in the Muslim community. However, I feel that the MAEF and other cooperating organizations must ensure that :

a)   The total grant-in-aid for a project does not exceed 50 percent of the non-recurring cost and gradually reduces the recurring grant from 100 percent in the first year to 0% in the 6th year, through stages of 80 percent, 60 percent, 40 percent and 20 percent.

b)   The State-wise allocation to institutions in various States, year-wise, or over, say, 3 years, should match the State-wise proportion of national Muslim population.

Both the checks are essential to ensure effort and self-help by the societies concerned and to disperse the benefits to the entire Muslim population, particularly in the educationally and financially backward states like UP, Bihar, West Bengal, Assam which are among the 17 major Muslim concentration States in the country.

I would be grateful if you would circulate my views to your Governing Body.

Incidentally, I would like to know the names of the past members of the Governing Body with their category and dates of nomination.

II - Letter to MAEF, 29 June, 2005

Thank you for your letter of 21 June, 2005 which I have seen today, regarding the progress of the Maulana Azad Education Foundation.  You have not given the number of projects.  Does each NGO get support for only one project?  I have not received the Scheme Booklet of the Foundation.

You would agree with me that some way must be found to promote and support the community effort in the field of education in States like Bihar, West Bengal and Assam.

My suggestion would be to consider applications from registered educational societies which have set up education and technical training facilities and have applied to the State authorities for recognition/affiliation.  The Foundation and the Ministry should take up their case simultaneously with the State Government and educational authorities.

It is also my view that no society or institution should receive more than a generally specified maximum % of the total non-recurring cost, not the whole or 100 percent.

I also suggest a categorization of the projects financially supported by the Foundation e.g. by level (primary, secondary, higher secondary, technical) /by purpose e.g. for construction of building, for construction of hostel, for setting up school library, for setting up science laboratory, for provision of sports facilities etc.

Recognition of AMU as Minority Institution and Adoption of New Admission Policy

MMA Statement, 9 April, 2005

The Markazi Majlis-e-Amla

*     Welcomed the reported recognition of the Aligarh Muslim University as a Minority Educational Institution and called upon the University authorities to review its Admission Policy in order to transform it into a national University by providing equal opportunities to meritorious Muslim students from all over the country to avail of its facilities. 

*     Also, requested the AMU Court to consider suitable amendments to the AMU Act, inter alia, to allow affiliation of Muslim Degree and Post-graduate Colleges and Urdu-medium Secondary and Higher Secondary Schools in the country, if they so desire.

Letter to VC, AMU, 12 April, 2005

I have the honour to convey to you the text of the Statement adopted by the Working Committee of the All India Muslim Majlis-e-Mushawarat at its meeting held on 9 April, 2005 on Recognition of the AMU as Minority Education Institution.

AIMMM Statement, 11 May, 2005

“The All India Muslim Majlis-e-Mushawarat welcomes the decision of the Aligarh Muslim University (AMU) to institute a new admission policy by reserving 25% for candidates selected exclusively on merit, 50% for Muslims selected by merit from amongst Muslim candidates from all over the country, 20% for internal candidates also selected on the basis of merit, leaving 5% for nomination by the V.C., with merit to be determined by common all India test conducted by the University.

This policy affirms the character of the AMU as a minority institution as well as its national character without restricting admission to Muslims only or disregarding the claim of internal students and takes the revolutionary step of reducing nomination to 5%.

The admission policy is fully in accord with the recognition of the AMU by the Union Government as a minority institution and the principles and procedures for admission to such institutions elaborated by the Supreme Court.

The AIMMM is convinced that this will help the AMU to fulfill its statutory mandate under Section 5(2)(c) of the AMU Act, to promote the educational advancement of the Muslim community.

The AIMMM considers the criticism of the admission policy on the ground that it violates Section 8 of the Act as misconceived, as the AMU shall continue to admit students of all creeds, castes, classes and races.

However, the AIMMM is apprehensive of a mischievous campaign by vested interests against the admission policy and calls upon the secular forces to counter this propaganda and support the new policy in the interest of national integration and secular order.”

Resolution of MMM, 11 June, 2005

The Markazi Majlis-e-Mushawarat of the All India Muslim Majlis-e-Mushawarat (AIMMM) deplores the orchestrated attack on the revised Admission Policy of the AMU.  The MMM is surprised that the Left parties and some leftists have joined hands with the Sangh Parivar in this attack. 

The objective of the Admission Policy is to revive the national character of the University and to ensure at least 50% representation of the Muslim community on the basis of merit in all professional and post-graduate courses in view of its status as a minority educational institutions.

It is universally recognized that the AMU is a minority educational institution in terms of Article 30 of the Constitution.  The fact that it is largely financed by the Central Government, does not change its character or turn it into a replica of other Central Universities which are governed by their own Acts.  The revised Admission Policy does not violate the Constitution or even Section 8 of the AMU Act as the University has not closed its doors to non-Muslims.

The MMM is also convinced that on account of educational, social and economic backwardness, the Muslim community forms a Backward Class and as such has a constitutional right to reservation, inter alia, in higher education.  The Supreme Court and the Venkatachalliah Commission have both held that there is no constitutional bar to declaration of a religious group per se as a Backward Class.

As such Muslims are entitled to 13% reservation as a community in all Central Universities and national institutions as well as in all State Universities/institutions in proportion to their population.

The MMM calls upon all secular parties and the members of the intelligentsia to support this aspiration of the Muslim community.

Letter to Minister of HRD, 11 June, 2005

I have the honour to forward herewith the Resolution on the Revised Admission Policy of the AMU adopted by the Markazi Majlis of the All India Muslim Majlis-e-Mushawarat at its meeting held on 11 June, 2005.

In this context, we draw your kind attention to the penultimate paragraph demanding reservation for Muslims in all national institutions of higher learning in proportion to population.

AMU Representation against Reservation

Letter to Prof. I.H. Khan, 11 June, 2005

Thank you for sending me a copy of your rather poorly drafted representation to the Visitor against the New Admission Policy adopted by the AMU.

I have taken note of objections raised by you and your co-signatories but I find nothing new except some personal allegations. I can bear witness to the fact that at least in the Executive Council, there was a long in-depth discussion and finally the proposal was adopted without any dissent.

On Revised National Curriculum Framework

Letter to Director, NCERT, 1 June, 2005

We are glad to learn that the NCERT has finalized the draft of a revised National Curriculum Framework prepared by the Steering Committee and proposes to place it before the CABE on 7 June, 2005.

We have no idea of its contents but we had a long exchange with the then Director Mr. J.S. Rajput and with the then Minister Dr. M.M. Joshi on several objectionable aspects in the document promulgated by them, particularly in relation to the place of Mother Tongue and what was called ‘Value Education’.

Our plea on Mother Tongue was simple. In accordance with the philosophy of education and the provision of the Constitution, every child should receive his primary education through the medium of his Mother Tongue. Later through the secondary level, he/she should learn Three Languages, in accordance with the original Three Language Formula, his Mother Tongue, Hindi or any other MIL and English (or any classical language), in that order. Our submission in respect of Urdu was that a) in Hindi-speaking states, children of linguistic minorities (like Urdu) must learn Hindi as a Compulsory Second Language b) in non-Hindi-speaking States, Urdu-speaking minority should have a composite Urdu-Hindi course, so that it can learn the Principal Language of the State as the Compulsory Second Language. In the event, the NCF completely ignored the claim of Urdu and other linguistic minorities like Marathi and Tamil-speakers in Karnataka, both as medium of primary education and first language in the TLF.

Regarding the Value Education, it appeared to us that the emphasis was not on moral instruction or on building adequate knowledge of and equal respect for all religions and cultures but to give the entire stream of school education a Hindu colour with the purpose of brainwashing and Hindising non-Hindu students in the name of patriotism, nationalism and Indian culture.

We hope that the revised draft Framework avoids all pitfalls against democratic and secular education. When the text is made available, we would like to call on you to discuss the relevant aspects.

MMM Resolution, 11 June, 2005

The Markazi Majlis-e-Mushawarat (MMM) has taken note of the draft National Curriculum Framework prepared by the NCERT and endorsed by the CABE on 7 June, 2005.

The MMM decides to set up a Committee of educationists and jurists to examine the draft from the viewpoint of religious and linguistic minorities and in the context of Constitutional provision of Freedom of Religion and of Conscience under Article 25 and Right of Linguistic Minorities under Article 30, 347, 350 and 350A.

The MMM takes this opportunity to reiterate its basic objection to the previous Framework 1) introduction of Value Education not to promote universal moral and ethical values but as an instrument for Hinduisation of the children belonging to religious minorities, 2) the deprivation of the children of the linguistic minorities from being taught at the primary level through the medium of their Mother Tongue and from learning their Mother Tongue at the secondary stage as the First Language under the Three Language Formula, and 3) the contents of the Core Syllabi for Social Studies and History which should be vehicles for introducing a liberal and secular view of Indian society in all its plurality and a comprehensive view of Indian history whose various phases have contributed and are contributing to the evolution of the Indian Civilization and Culture.

Formation of AIMMM Committee on Revised National Curriculum Framework, 2005

Letter to Committee Members, 11 June, 2005

In accordance with the Resolution on Revised National Curriculum Framework, 2005 adopted by the Markazi Majlis-e-Mushawarat of the All India Muslim Majlis-e-Mushawarat on 11 June, 2005, the President has appointed a Committee consisting of the following members to examine the Revised Framework.

1.   Mr. Mohd. Hamid Ansari – Chairman & Convener

2.   Mr. Akbar Jung

3.   Mr. Amanullah Khan

4.   Mr. Moosa Raza

5.   Mr. Navaid Hamid

The Committee is requested to send its Report to the undersigned by 30 September, 2005.

Promotion of Education among AP Muslims

I - Letter to Forum for Equity & Justice, 25 April, 2005

Presiding over the Convention on Education and Welfare of Minorities organized by the Forum for Equality and Justice in Hyderabad on 24 April, 2005, you are reported to have “urged the Government to set aside 20 per cent of education cess of Central taxes for education of Muslims.” This is simply not feasible. The State is committed to universalization of elementary education upto the age of 14. We should ask for it to be extended to 16, so that the guarantee covers the secondary education. We should then insist, as the Mushawarat has been doing that starting from the lowest administrative unit (the village and the mohalla) all areas should have government schools – primary, middle and secondary – in accordance with the national norm. This would automatically mean that all areas of Muslim concentration at every level shall have as many schools, as they should have, as a matter of right.

Secondly, we would demand the same criteria for award of scholarship and hostel facilities as for the SC and the ST because Muslims are as much an educationally deprived group as they are. Beyond these, any plea would be politically counter-productive.

II-Letter to Forum for Equity and Justice, 6 May, 05

Please refer to your letter of 29 April, 2005 received today.

I am aware of the role of the bureaucracy but it is like a horse which always knows its rider. If the political master has the will, it cannot but execute his orders.

The distribution pattern of the tribals is quiet different from that of Muslims who are widely scattered in small numbers. How can the administration draw from 2 different funds for two sets of schools in the same town? I do not think your plan is feasible. But you try and apprise me of the results.

The other point you have raised needs serious and in depth examination. Why is the Muslim enrollment so low as compared to SC and ST enrollment in the schools meant for them?

Two or three factors come to my mind and they need to be explored. The first is the fee and other charges paid by the students admitted to the schools may be too high for average Muslim parent. I would be grateful for literature published by the A.P. Residential Educational Institutions Society on those schools to learn more about them. Secondly, what is the medium of instruction at the post-primary level and whether the optional curriculum of these schools is different, even if the compulsory curriculum is the same, from that of other high and higher secondary schools? Thirdly, a student who is enrolled in the residential high school may stay on if he can take a more employment oriented syllabus. I see no advantage, but some disadvantage in having Urdu as the medium at the secondary school and junior college level.

I shall be coming to Hyderabad towards the end of May. If possible I would like to discuss the problem with you and the officers of the Department of Education and the Principals of the nearby schools.

Due Benefits of Sarva Shiksha Abhiyan for Muslims

MMA Statement, 9 April, 2005

The Markazi Majlis-e-Amla

*     Called upon the National Committee to monitor Minority Education to secure due benefit of the Sarva Shiksha Abhiyan to the educationally deprived Muslim community all over the country.

(Communicated to Minister of HRD, 12 April, 2005)

Govt. Funds for RSS-sponsored Schools

Letter to Minister of HRD, 9 April, 2005

As you are aware during the NDA regime, crores were diverted from the Education and Tribal Welfare budget to finance the educational activities of the Sangh Parivar, specially in the tribal areas, through Shishu Mandirs, Saraswati Mandirs, Ekal Vidyalayas etc. which have tried to fill the vacuum caused by lack of government schools. The instruction in their schools is largely directed to instill ‘Hindutva culture’ in the minds of the students. It preaches a crude anti-Muslim and anti-Christian ideology and thus makes the soil fertile for the political advancement of the Parivar.

We request you to set up a Committee to examine the curriculum, syllabus and textbooks of the schools run by the Sangh Parivar, various affiliates of the RSS, specially in the tribal areas before any further funds are sanctioned.

Inclusion of Courses on Islam and Muslim

Letter to Saiyid Hamid, 2 April, 2005

Thank you for the note of caution sounded in your letter of 28 March, 2005. We have to wait and see the curriculum and syllabus of the proposed RSS University. If their courses are designed to propagate hatred against Islam and Muslims and plant it in the mind of their students, an upgraded exercise on the lines of what they do in the Shakhas, frankly I do not know how to neutralize the poison. How do we reach out to such closed minds as they produce?

Jamia Hamdard has to evaluate the contents of its diploma course from this angle. It would not be enough only to teach the basic tenets of Islam. It would be necessary to lock horns with their falsifications and misrepresentation about Islam.

Yet the problem of access to the infected minds will remain.

But even when we have private Universities, such people will never knock at our doors.

Only an enlightened public opinion about Islam and Muslims can help, over a period of time.

Minority Status for Jamia Millia Islamia

I - Letter to VC, JMI, 2 June, 2005

May I draw your attention to the Resolution 11.2 unanimously adopted by the Executive Council of the JMI on 9.5.1997 with yourself in the Chair? We are not aware whether the Resolution 11.2 was formally transmitted to the Government for necessary amendments to the JMI Act, 1988 and whether the matter has been pursued by the JMI authorities.

We would like to know whether the JMI proposes to review the progressive reduction in the number of Muslim students admitted to the degree and post-graduate courses offered by the University courses and then to take necessary initiatives, in the light of the Resolution 11.2, to arrest the trend and to restore the historic status of the JMI as a minority institution.

II - Letter to Minister of HRD, 10 June, 2005

May I draw your attention to the Rajya Sabha Unstarred Question No. 1178 dated 1.8.1997 regarding possible amendments to the Jamia Millia Islamia Act and to clarify its status? The Government of the day said that:

“As the questions relating to grant to minority status to educational institutions, including Universities, are currently subjudice before an 11-Judge Bench on these Supreme Court, a decision on these issues by the Government would not be possible at this stage.”

On 6.5.1997, the National Commission for Minorities had supported ‘a proper amendment to the Act, 1988 to ensure the minority character of the University’. As you are aware, these questions have now been settled by the Supreme Court.

We, therefore, request you to consider the pending amendments to the Jamia Millia Islamia Act which had been demanded by the students and endorsed by the Executive Council of the University.

Commercialization of Technical Institutions

Letter to Sitaram Yechury, CPM Leader, 16 June, 05

I have seen a press report on CPI(M)’s plea for statutory control by the Government to check commercialization of private institutions of higher learning including professional colleges. I would like to see the text of your proposal as we are concerned with the promotion of education among the Muslims through self-investment and also the maintenance of autonomy of the minority educational institutions.

In the general context, we already have statutory controls on all educational institutions by professional bodies, state Governments, and universities. We would like to understand what additional controls would be desirable.

Inclusion of Muslims in Pvt. Sector Reservation

Reply from M/Social Justice, 28 April, 2005

I am in receipt of your letter dated 31 March, 2005* regarding inclusion of Muslims in the Scheme of Reservation in Private Sector.

I am having the matter looked into.

*Already published in Bulletin 19 at page 30.

JMI’s Research on Minorities Representation in Government

Letter to Director, CDMS, JMI, 2 April, 2005

I am glad to know that the recently established Centre for Dalits and Minorities Studies at the Jamia Millia Islamia has taken up a research project on ‘Representation of Minorities in the Government Sector’.

We look forward, with great expectations, to the work of your Centre and wish you and your colleagues every success.

On Reservation for Muslims in Public Employment

Letter to Salman Khurshid, 8 April, 2005

I have seen a newsreport on Congress agitation for reservation for Muslims in UP.

This agitation should have been under the auspices of the UPCC and not of its Minority Cell.

It is also simply incorrect to ask for a sub-quota of 10% from within 27% OBC quota. By Mandal’s compilation, Muslims share would come to 4.2% only!

You have spoken of the Karnataka model. But the essential point is Karnataka has far exceeded the so-called 50% limit. Is the Congress prepared to treat the Muslim community as a whole as a Backward Class which is the essence of the Karnataka model?

Is the Congress prepared to accept that the total reservation in public employment may exceed 50% depending upon the population of various social groups found to be Backward Classes and their respective levels of backwardness (in relation to SC)?

I request that Congress should consider these aspects in depth and then launch a well-concentrated agitation in all 17 States where Muslims are concentrated.

Recognition of Dalit Muslims as SC

Letter to Ram Vilas Paswan, 20 April, 2005

The press has reported that you called on the Prime Minister on 19 April, 2005 alongwith a delegation of A.I. India United Muslim Morcha to demand inclusion of Dalit Muslims in the SC List.

I would be grateful for a copy of the Memorandum submitted to the Prime Minister.

I would also like to know the names of the Muslim Sub-communities referred to as ‘Dalit Muslims’ and their approximate population in the country, particularly in Bihar, UP and West Bengal.

Inclusion of Muslim OBC’s in State Lists

Letter to Chairman, MP Minorities Comm., 17 May, 05

The UNI has attributed a report to you that 55 Muslim baradaris, recognized as OBCs, are still not included in the Bihar, Uttar Pradesh and West Bengal Lists. I request you to give me the list as we would like to draw the attention of the State Governments to the omission.

I understand that the All India Muslim Backward Classes Federation demands a separate quota for Muslim OBC’s. We support you in this endeavour, because the progress in recognition of the Muslim community as a whole as a Backward Class is very slow.

Under the Mandal Formula, the Muslim OBC’s share is only 4.2 per cent out of 27 per cent. How can you get 10 per cent for Muslim OBC’s which they deserve, without nationwide agitation?

Recognition of OBC’s in West Bengal

Letter to The Mainstream, 27 May, 2005

Shri Arup Kumar Sen, in his article “Caste in West Bengal” (Mainstream, My 20-26, 2005) has taken the lid off the false but universally maintained claim by the bhadralok and by the Left, that caste plays no role in the society or politics of West Bengal. The Left do not see the reality beyond the Marxist ideal but the bhadralok should know better.

Indeed it does to the remarkable extent that, as Asok Mitra pointed out, the lower castes take their status almost as a divine dispensation.

The Bhadralok, who look upon themselves as the custodians of Bengaliyat and who dominate every sphere of life, almost wholly belong to the upper castes. In this sense Ashish Nandy is right in maintaining that the caste system is more powerful in West Bengal compared to other States.

The percentage of OBC’s (Bengali Shudras) in the population in West Bengal may be of the order of 60 per cent but there is very low reservation (about 10 per cent) for a few sub-communities notified by State Government as OBC’s! Muslims, who are almost wholly of low caste origin, enjoy no reservation in higher education or in public employment. Despite forming 25 per cent of the State population, their representation in public employment is of the order of 2-3 per cent even at the Class III and IV level.

This monopoly of positive and power enjoyed by the upper castes which extends to the political sphere militates against social justice and has both caste and religious dimensions.

What is needed is an honest Caste Census to be preceded by a statewide full universe survey to bring out the educational, social and economic status of all caste groups.

They can then be graded into forward, backward, most backward sections, their level of backwardness can be determined and, then their due quotas in education and public employment can be fixed.

Universal Reservation for All Backward Sections

I - Letter to D.V. Sikka, 25 May, 2005

Your email of 18 May, 2005. Our Statement of 14 May, 2005 against Paswan’s proposal may be seen on our website: www.mushawarat.com. But I do support universal reservation for the backward sections of all social groups in proportion to the population and level of backwardness of the group.

II - Letter 2 June, 2005

Your email of 1 June, 2005. Removal of backwardness through education was possible in 1947, if government had introduced compulsory elementary education of comparable quality. But it did not. Reservation in public employment has brought enormous benefits to SC and ST and is bringing to the higher Shudras. Why deny it to Muslims? Delay will mean widening the gap.

Universal Reservation in PRI’s

Letter to President, JD(S), 30 May, 2005

We strongly urge universal reservation in the Panchayati Raj Institutions at all levels in accordance with social demography at the relevant level. A constituency should be reserved for the biggest identifiable group, within the total due for that group in the village/Taluka/Zila according to population.

Why Reservation for Muslims in Education and Employment?

Letter to The Tribune, 22 June, 2005

Apropos your editorial “Why Quota for Muslims?” (21 June, 2005), may I beg to differ and qualify the decision of the AP Government as progressive and in accordance with social justice rather than a retrograde step. Reservation will not impede the progress of the Muslim community, just as it has not impeded, rather accelerated, the progress of the SC, the ST and the OBC. If Muslims have made literally no progress in the last 50 years, where is the question of their ‘natural progress’? Moreover, by raising hopes of employment and higher education, reservation will encourage them to come out of the ghettos they live in drink at the national stream of development.

Hindutva brigade’s reaction can always be anticipated. For them, the Hindu-Muslim equation is a zero-sum game. So why should the secular majority try to take their well-known and anticipated reaction into account? The secular Hindu, on the other hand, will agree to give a fair chance to the Muslims.

Muslim Representation in Public Employment

Letter to CM Assam, 13 May, 2005

As you are aware, 11 Point Charter of Demands of the Jamiat Ulama-i-Hind recently submitted to you, as well as 18 Resolutions adopted by its State Convention refer in several places to the Assam Districtwise Population Pattern Reflection in Services (in Class III and IV Posts Act, 1994.

This Act was originally promulgated as an Ordinance on 27.1.1994.

We would like to find out the progress during the last 10 years in the implementation of the Act and of the recommendations made by the High Power Officer with the rank of Additional Chief Secretary, appointed under Section 6 (1) of the Act.

I shall be visiting Assam between 19 – 22 May, 2005 and look forward to calling on you during my stay. I am requesting my host Mr. Ghulam Osmani to arrange an appointment with you at your convenience.

Coaching Civil Service Candidates for Viva-voce

Letter to Saiyid Hamid, 6 June, 2005

Thank you for sending me the note of the Director of Hamdard Study Circle on accessing all Muslim candidates who at least qualify in the written test.

I discussed the matter with the Director. Tentatively we agreed that the HSC can invite through advertisement all Muslim candidates who qualify and are called for the interview, for 2 weeks intensive coaching before interview. Since their visit would be staggered, I am sure they can be accommodated in the Hostel.

What is more important is to have a worthwhile schedule of coaching to prepare them for the interview. The Hamdard Sstudy Circle can invite all the available ex-members of the Union Public Service Commission and experts who volunteers their services plus a fewer senior members of the Services residing in Delhi. Hamdard Sstudy Circle may also find out more about the syllabus and mode of viva-voce coaching by institutions like Rao etc.

Proposal for Local Recruitment to Armed Forces

Letter to Minister of Defence, 14 April, 2005

There are frequent reports about corruption in the recruitment of jawans and ministerial staff, for the armed forces.

Such corruption can be partly eliminated if the quota for a particular area, against the State quota, is filled locally through on-the-spot recruitment only from among the applicants who are domiciled in the area. In such cases, the domicile certificate shall be signed by the local authorities and can be verified immediately by the recruitment team before or after selection and cross-checked with birth/school/college certificates, submitted by the applicants.

Shariat Law in Imrama Case, A Matter of Consensus among Various Sects on Imrana Case

I - Letter to President, AIMPLB, 21 June, 2005

You must have heard of the Muzaffar Nagar affair: a man is alleged to have raped his daughter-in-law for which he is under prosecution. But Maulana Anzar Shah Kashmiri, Shaikhul Hadith, Wakf Darul Uloom, Deoband, has issued a Fatwa that the daughter-in-law has only 2 options, accept the rapist as her husband or divorce her husband (the son). Such a ‘fatwa’ completely demolishes the credibility of Islamic jurisprudence in the public eye and makes Muslims an object of mockery.

The latest position that both the wife and the husband want and are in fact living together. I request you to inquire into the matter and issue an appropriate statement to undo the mischief committed by Maulana Kashmiri.

II - Letter to Atif Suhail Siddiqui, 21 June, 2005

Your email of 18 June, 2005. Maulana Anzar Shah is a known Alim and the Hindustan Times is the newspaper with highest circulation in the area. You should first write to the Maulana to confirm whether he has been correctly quoted and ask him to issue a contradiction. I may add that I am as outraged as you are and I have written to the President of the All India Muslim Personal Law Board to inquire and issue a statement.

The latest position that the husband and wife have decided not to divorce each other. Why should they seek a divorce when she is not at all at fault and why should she marry the rapist?

III - Letter to President, AIMPLB, 21 June, 2005

Please refer to my letter of 21 June, 2005 regarding the Imrana Case. I had gone abroad in the meantime and returned yesterday to find that the ‘faisla’ of the local Panchayat has been endorsed by the Darul Uloom, Deoband, and, what is absolutely shocking, has been apparently supported by the All India Muslim Personal Law Board.

The Imrana Case arises out of the alleged rape of Imrana by her father-in-law. The case is under police investigation and the alleged rapist is in judicial custody. The law will take its course. Since Islamic Criminal Law does not apply in India, the Darul Uloom or the Board should not have interfered with its course, except to say that the rapist, if proved guilty, should be awarded the maximum sentence under the Law of the Land.

However, a question has been raised whether Imrana and her husband may continue to lead a conjugal life. The Holy Quran or the Traditions of the Holy Prophet are silent on such a situation. The Holy Quran only lays down that a wife is ‘Haram’ to her husband’s blood relation. However, how does she and her husband become ‘haram’ to each other because she has been raped by her father-ion-law or anyone? Why should she, her husband or their children be punished for no fault of theirs?

Deoband Muftis argue that on marriage the father-in-law becomes a putative father and on being raped by him, the daughter-in-law has become a mother to her husband. So they must separate.

There is no confirmation whether the husband and the wife wish to live together. It would be understandable if either the husband or the wife is not prepared to live together, after the tragic event. But why are they being threatened or coerced by the religious authorities to regard their Nikah as dissolved? The authorities show no concern with the human consequences for the woman and her husband, forcibly separated from each other and from the children.

Islam stands for justice. Islam also stands for human dignity and for family life. Nikah is an agreement, but a sacred agreement. It cannot be dissolved without a good reason. Such ‘fatwas’ or ‘faislas’ make Islam and the Muslim community a laughing stock for the rest of the nation subject it to ridicule and contempt, and strengthen the anti-Islamic forces which would like to have the Shariat Act repealed and a Common Civil Code imposed on the Community.

In good conscience, I cannot associate myself with the approach of the Board in this case. In my view, you should stop anyone from speaking on the subject on behalf of the Board and consider convening an urgent meeting of the Working Committee of the Board to discuss this issue in depth in the light of well-ascertained facts and then issue an authoritative statement which would clear the air and inform the people of the correct position under the Shariat, if the events did occur, as publicized.

On Political Exploitation of Imrana Case by BJP

AIMMM Statement, 2 July, 2005

“The All India Muslim Majlis-e-Mushawarat condemns the political exploitation of the Imrana case by the BJP to promote its long-cherished agenda of religious assimilation of the Muslim Community through imposition of a common civil code in substitution of its Shariat-based Personal Law.

The AIMMM considers this move totally illogical and misconceived because no civil code can eliminate incestuous relationships from the Society and points out the fact that many such cases in the Hindu community are reported off and on, though it violates Hindu Code.

The AIMMM would like to clarify that the Imrana case has two aspects.  The criminal aspect, the alleged rape or molestation, must be dealt with under the law of the land.  Law must take its course and the culprit, if found guilty, should be awarded the maximum sentence.

On the personal law aspect i.e. on the question whether the Nikah between a Muslim woman and her husband stands dissolved after a rape by her father-in-law, different schools of Islamic jurisprudence have different opinions.  In any case, a ‘fatwa’ is an opinion and not a judicial verdict. 

The All India Muslim Personal Law Board is expected to hold a meeting soon to reach a consensus, keeping in view the circumstance of the case and the demand of justice which is one of the basic principles of Islam.

The AIMMM requests the mass media not to blow up individual cases in the interest of inter-faith understanding or read a stray fatwa as a final ruling under the Shariat.

The AIMMM is not aware whether Imrana or her husband has even approached the Dar-ul-Uloom or the local Dar-ul-Qaza.

It, therefore, appeals to the Muftis to refrain from issuing ‘Fatwas’ on live and sensitive situations unless approached by the parties concerned and without investigating the circumstances.”

In Defence of Model Nikahnama

I - Letter to The India Today, 18 May, 2005

The write up on the Model Nikahnama adopted by the All India Muslim Personal Law Board (16 May, 2005) is inaccurate and misleading on many points.

The Nikahnama not only expects women to be ideal wives but also men to be ideal husbands.

The Board had indeed kept its women members off the dais but they were allowed to intervene as frequently as they desired and they did.

The AIMPLB agitation against the Chandrachud Judgement was not about payment of alimony but about classification of divorcees as wives under Section 125 of the Cr.P.C. for maintenance not exceeding Rs. 500/- p.m.!

The Qarar, without which there can be no agreement, is an essential part of the Nikahnama. There is a Hedayatnama, for the parties, as well as instruction for the Qazi or the Nikahkhwan, who performs the Nikah.

The ‘Mehr’ is not obligatory in the form of a tangible asset but it should preferably be so if the husband does not make prompt pay it in money, in order to protect the real value.

The Board has no legislative or executive authority. So neither the husband nor the wife is under any legal obligation but they are both under moral obligation and the aggrieved party could always use the Nikahnama as evidence.

The Board could not invalidate Triple Talaq simply because several sects recognize it. But they were persuaded to join in its condemnation as wrong, morally and religiously, deserving to be avoided.

The Board has Dar-ul-Quza only in a handful of districts. That is why the Nikahnama lays down a number of alternatives, including Shariat Panchayats and Muftis and Qazis recognized by both parties.

The Board is conscious of the inadequacies but the adoption of the Nikahnama has initiated a movement which shall gather momentum to bring about necessary reforms in the Muslim society and enable Muslim women to secure her full rights under the Shariat. In this respect, it is an important step in the right direction.

II - Letter to The Asian Age, 27 May, 2005

Apropos Seema Mustafa’s article “A Farce of a Nikahnama”, may I submit that the AIMPLB has no legislative or executive or judicial authority, it enjoys only some moral or social authority.

Secondly, Seema Mustafa would do well to collect statistics on divorce and desertion by the husband or mutual separation, community-wise. Muslims are not averse to pay due maintenance for the Iddat but they have logically objected to life-long alimony in view of the contractual aspect of marriage. That will know that social irresponsibility is not a monopoly of Muslim society but a widespread vice of the Indian society.

Thirdly, Nikahnama in any case is not the last word. Man and woman, intending to be husband and wife, can together add as many clauses as they wish, so long as they fall within the Shariat. In this sense, the idea of written Nikahnama, if it becomes popular, shall open the gates of change, specially for the educated, urban population.

But a Nikahnama does not apply to a marriage outside the rules of the Shariat, like a Muslim woman marrying a non-Muslim.

Fourthly, for social reasons, woman is indeed the weaker partner in marriage in India. This can be changed only a) by universal education of women b) by educated women opting for gainful employment c) by changing the traditional mindset which regards a divorce or widowhood as social stigma and their remarriage as a taboo.

III - Letter to The Indian Currents, 17 May, 2005

Apropos Mr. Suresh Verghese’s article on the Nikahnama, I would like to make the following important points:

First, the All India Muslim Personal Law Board (AIMPLB) is not a legislature nor has it any executive authority to impose its Model Nikahnama, whatever it may contain, on all Muslims, in supercession of hundreds of Nikahnamas now in use. It has nothing more than a moral authority which can be applied only through persuasion and publicity.

Secondly, marriage in Islam, is an agreement between a man and woman to become husband and wife to raise a family.

Parents or guardians are not parties.

Thirdly, neither husband nor wife has the ‘right to break the agreement’. In either case the aggrieved party has the right to legal remedy.

Fourthly, the Nikahnama does not take away any constitutional or legal right of a Muslim woman, as a citizen of the country, including the right to judicial remedy. A formal Nikahnama has evidentiary value to help her establish her case.

IV - Letter to The Nation & the World, 27 May, 2005

Mr. Arshad Alam’s article on the Model Nikahnama is chockful of misconception and misunderstanding as well as factual inaccuracies.

The All India Muslim Personal Law Board is a private body, consisting largely of the Ulema whose primary purpose is to defend the Muslim Personal Law against external attack and to promote social reform in the Muslim society. But it has no legislative or executive or judicial power; all it has is moral authority and persuasive appeal of the member Ulema over the Muslim masses, both in urban and rural areas. The effective influence of almost every Alim is limited to the followers of his sect or sub-sect. Most of the members of the Board live in urban areas but 70% of the Muslims live in rural areas and are approachable through the Masjid – Madrasa – Waaz activists of the sect.

Any Muslim, including the ‘enlightened’ living in urban areas, is free to reject traditional Shariat, follow a sect of his choice or no sect or to practice Islam to the extent he wishes. No Mullah, urban or rural, comes in his way nor can the AIMPLB. This applies to the obnoxious Triple Talaq as to any other custom. Similarly, he may or may not indulge in bigamy. Who is forcing him? Both are is rampant only in the relatively affluent sections and urban areas.

Adult Muslims are absolutely free to marry by choice. Nikah is however not permissible outside the rules of the Shariat e.g. of a Muslim woman with a non-Muslim. Even when a girl is a minor, she cannot be forced into marriage. But if she consents, the Nikah needs to be authorized by the guardian. However, there is a discrepancy between the minimum age of marriage in Indian law and under the Shariat. But lakhs of marriage of minors take place in India. Law cannot stop them.

Relatively speaking, incidence of talaq, bigamy and minor’s marriage is much lower among Muslims than in India as a whole. But there are no statistics. Yet the liberals show much anxiety about Muslims than about the general population.

I wonder if Mr. Alam favours a uniform civil code. If so, what shall he do about Mehr and marriage among first cousins, to name only two major differences between Hindu and Muslim personal law. So far, during the last 50 years, no one has come up with a draft of a uniform civil code!

On Bhopal Session of Board

I - MMA Statement, 9 April, 05

The Markazi Majlis-e-Amla

*     Conveyed its fraternal greetings to the All India Muslim Personal Law Board for its coming Session at Bhopal and its best wishes for the consolidation of the Board for the defence of the Shariat against attacks and subversion and for successfully tackling the situation created deliberately by anti-Islamic forces through formation of rival Boards which have no standing in the Muslim community.

Communicated to President, AIMPLB, 12 Apr., 05

II - MMM Resolution, 11 June, 2005

The MMM of the AIMMM has taken note of the important decisions at the Session of the All India Muslim Personal Law Board in Bhopal in April-May, 205, particularly the release of a model Nikahnama which, though not the last word, is an important step forward in the right direction, the proposed appointment of competent advocates in every High Court to monitor cases relating to Muslim Personal Law with a view to assist the parties concerned as well as the Court in deciding the issues in accordance with the Shariat and to enable the Board to intervene in the proceeding at a suitable stage, the expeditious expansion of the Dar-ul-Qaza system to reduce the cost of litigation and the load on the judicial system and the intensification of the Social Reform campaign.

The MMM is also gratified to note that the Board has by its exemplary unity set at rest all misgivings and speculations and emerged stronger, defeating all machinations to divide it.

Communicated to President, AIMPLB, 11 Jun., 2005

Amendment to Muslim Divorcees Act, 1986

Letter to President, AIMPLB, 21 April, 2005

As you are aware the 5-Judge Bench Supreme Court Judgement on the Muslim Divorcees Act has completely distorted the purpose of the Act, which, as it stood, needed much improvement but the AIMPLB did not file a review petition, as it should have done. You may recall that after its enactment, the AIMPLB had proposed several amendments to the Act to bring it in line with the Shariat.

A delegation of the All India Muslim Majlis-e-Mushawarat discussed the Act in detail with Mr. H.R. Bhardwaj, Minister of Law today. He was not fully aware of the misinterpretation of the intent of the legislators and the object of the legislation by the Supreme Court. He also felt that if the Muslims were unhappy with the way the Act had been applied and misinterpreted during the last 20 years, it is for them to propose necessary amendments to the Government. He assured me that the Government would take a sympathetic view.

I would, therefore, request you that you set up a small Committee to draft suitable amendments to the Act in the light of our experience of application interpretation and clarification during the last 20 years and our own original suggestions in order to restore the original purpose of the Shah Bano Movement.

Representation of NE in P.L. Board

Letter to President, AIMPLB, 26 May, 2005

During my visit to Assam (19-24 May, 2005) many Muslim community leaders raised the question of under-representation of the Muslim community of Assam and the N.E. in the A.I. Muslim Personal Law Board. I told them that the question of equitable representation of all sections of the Muslim community was before the Board but that it will take sometime to remedy the imbalance because of the small number of vacancies that arise every year. However, Assam has one advantage, they are all Hanafi Sunnis.

I promised to them that I shall bring the problem to your kind attention and that if they like, they may write to you directly.

Women’s Right in Islam

Letter to The Indian Express, 20 April, 2005

On Regional Peace, Happiness and Progress

Statement, 19 April, 2005

“The All India Muslim Majlis-e-Mushawarat (AIMMM) warmly welcomes the outcome of the visit by President Pervez Musharraf to India and considers the Joint Communique issued at the end of the visit as a guarantee that the peace process is not only irreversible but shall move forward at reasonable pace not only to resolve all outstanding issues but to ensure peace in South Asia and happiness and progress for the people of both the countries.

The AIMMM, in particular, welcomes the confidence building measures in the pipeline which all focus on people-to-people contact and economic and commercial cooperation. The AIMMM is convinced that opening of Consulates in Mumbai and Karachi shall give an impetus to tourist traffic as well as to trade exchange.

The AIMMM offers its felicitations to Prime Minister Manmohan Singh as well as to President Pervez Musharraf for creating a new environment of amity and for jointly propelling the peace process with understanding, goodwill in a rare display of statesmanship.”

Restoration of Ancient Masjids in India

I - Letter to PM Manmohan Singh, 3 June, 2005

The Government of Pakistan asked the visiting BJP leader L.K. Advani to inaugurate the rebuilding of an ancient temple complex at Katasraj near Lahore. Pakistan’s ruling party President Chaudhry Shujat Hussain wants India ‘to help actively with the restoration of ancient Hindu Temples in Pakistan’. Another Pakistani leader wants Delhi to ‘reciprocate by inviting President Musharraf to inaugurate a mosque in India’.

There is no symmetry or parity between India and Pakistan. So on the first proposition Hindu religious organizations but not the Government of India may offer help to Pakistan to restore ancient Hindu temples.

As for the second proposition, we should not invite President Musharraf or any Pakistani leader to make ‘reciprocal gesture’ because we do not accept Pakistan as the guardian of the Muslim Indians or identify them with Pakistan. This would be playing the same tune as Mr. Vajpayee did before the General Election, 2004.

However, there are hundreds of ancient Masjids in our country which are in ruins, some ‘protected’ by the ASI. We would suggest that the Government should increase the grant to the ASI for restoring the protected Masjids as well as financially assist the Wakf Boards, through the Wakf Council, for repair and restoration of non-protected historic Masjids.

II - Prime Minister’s Reply, 15 June, 2005

I have received your letter of June 3, 2005 regarding restoration of ancient Hindu temples in Pakistan.

On Repercussion of Advani’s Visit to Pakistan

Resolution of MMM, 11 June, 2005

The Markazi Majlis-e-Mushawarat (MMM) of the All India Muslim Majlis-e-Mushawarat (AIMMM) has taken note of the furore in the Sangh Parivar and the controversy aroused by some public statements by Shri L.K. Advani during his visit to Pakistan and while the crisis and its resolution are internal affairs of the BJP and its ideological guide the RSS, some aspects demand serious consideration by the civil society specially by the secular forces.

Shri Advani’s statements, it has been universally speculated, were motivated by his desire to project a new public image, perhaps as part of a strategy to attract some Muslims and a section of the liberal and secular citizens to facilitate its restoration to power. The AIMMM is, however, convinced that just as the Muslim card played by the BJP failed in 2004 General Election, Shri Advani’s visit to Pakistan and his statements would have no impact on the Muslim community because it is fully aware of the basic ideology, principles and policies of the BJP as well as of its political record and of its majoritarian goals.

The MMM however, apprehends that the resulting controversy on Jinnah, the Two Nation Theory and creation of Pakistan may reopen the wounds of Partition and vitiate the social environment, and, therefore, calls upon the Government and the Civil Society to be extra-vigilant.

I - Letter to PM/UPA Chairperson, 11 June, 2005

I have the honour to forward herewith the Resolution on Repercussion of Shri L.K. Advani’s Visit to Pakistan adopted by the Markazi Majlis of the All India Muslim Majlis-e-Mushawarat at its meeting held on 11 June, 2005.

I draw your kind attention particularly to the last para of the Resolution for such action as you may deem fit.

(Acknowledged by PM, 21 June, 2005)

Advani Visit to Pakistan and Muslim Indians

Letter to Kaleem Kawaja, 10 June, 2005

Your reaction to Advani’s visit to Pakistan. I share your disquiet because I cannot understand Pakistan’s motive. Perhaps Musharraf wants to facilitate a consensus in India for on concession on Kashmir that he may be able to extract from Manmohan Singh.

Settlement of Kashmir Problem through the Peace Process

MMA on Srinagar-Muzaffarabad Bus Service

Statement, 9 April, 2005

The Markazi Majlis-e-Amla

*     Deeply appreciated the inauguration of the bus service between Srinagar and Muzaffarabad as a historic step towards the peaceful resolution of the Kashmir dispute and as a symbol of the general improvement in relations between India and Pakistan and expressed the hope that free travel across all international borders in South Asia shall soon become a reality.

Communicated to PM, M/External Affairs, High Commissioner of Pakistan in India, 12 April, 2005

(Acknowledged by M/External Affairs, 6 May, 2005)

Apprehension & Prosecution of Andrabi’s Killers

Letter to CM, J&K,  5 May, 2005

On 4 May, 2005, the Amnesty International has recalled the killing of eminent Kashmiri physician and human rights activist Dr. Jalil Andrabi in March, 1996, 9 years later, it noted, there is no progress in bringing his killers to book.

It is said that he was last seen being taken away by army personnel. 19 days later his body was found floating in the river Jhelum. The impression is that he was detained, tortured and killed by the security forces.

I request you to place before the people the efforts of the State Government for identifying and punishing the culprits and the reason why all legal efforts and even judicial intervention have failed to unravel the mystery so far.

Claims by India, Pakistan and China on J&K

Letter to Praveen Swami, 17 May, 2005

Your Special Report on J&K (No. 133 dated March, 2005) which I read with care.

The Summary of the Report in para 2 says that both India and Pakistan claim sovereignty over the entire region. I am not aware of any such claim by Pakistan. India has a claim based on the Instrument of Accession.

The Summary does mention the Chinese occupation of a ‘third part’. But the Report is totally silent on the final settlement on the status of the China Occupied Kashmir (COK). Perhaps you think that it may be left for the present to be taken up in the wake of India-Pakistan and India-Kashmir settlement, by the successor in Ladakh adjoining the COK.

Gradual Progress towards Soft Border

Letter to The Nation and the World, 14 May, 2005

I find Dr. Mubashir Hasan’s optimism both touching and infectious. But I doubt if the President of Pakistan and the Prime Minister of India have even privately discussed the contours of a final settlement. Of course they are both optimistic that the CBM’s shall make an impact and purge the environment of all traces of hostility, that the dividing lines will, over a period, of time become redundant and irrelevant.

But the central issue is the political status of J&K as it was on 15 August, 1947 or of its various etho-geographic regions. Since the ruler signed the Instrument of Accession to India, that gives de jure sovereignty to India over the whole of the State, though de facto India does not and cannot exercise it over the POK nor the COK for reasons of adverse occupation in which it has acquiesced for all practical purposes. But, de jure, the question of final settlement with Pakistan and China on the entire territory continues to figure on India’s agenda.

What is even more important is the insurgency in the State raging since the late 80’s or early 90’s whose political objective is either independence or integration with Pakistan. The insurgency is losing steam. Support for independence is also dying with the realization that the State cannot become independent against the will of both India and Pakistan as well as the will of the people in some regions of the State, who want integration with India or Pakistan. India has offered autonomy to the State within the Union of India but has not consulted the leaders of the State to work out its scope or limits in the light of Article 370 and the developments since 1953. The plain legal truth is that whatever be the degree of autonomy India grants to the State, it does not erode or dilute India’s sovereignty over the State.

Pakistan realizes that it cannot wrest the State from India by force, in any case, in the modern world sovereignty is not born out of conquest.

India has declared that it shall not use force to ‘liberate’ POK. Perhaps it also realizes that it cannot do so by force.

All these calculations and fatigue and international pressure are behind the peace process which according to both has become irreversible. Where it will lead the two countries and the concerned peoples of the State to, one cannot foresee. But if both sides abjure use of force and if insurgency is controlled, a workable way out of the present stalemate can be found. The Line of Control may, with some strategic and ethnic modifications, become a de facto border, if all three parties show flexibility on their present stand.

In the final settlement, India may concede sovereignty to Pakistan over some territory in exchange for Pakistan acknowledging, accepting and respecting India’s sovereignty over he rest of the State territory. But it is doubtful whether India shall agree to share sovereignty over some parts of the State now under its de jure sovereignty and de facto control, with Pakistan, under a bilateral or international agreement.

Pending a final settlement, both India and Pakistan may steadily soften the defacto border in J&K for free movement of people and goods of trade and culture. This process can gather momentum after the final settlement.

Don’t Mislead People or Disparage Rule of Law

BMMCC Statement, 7 April, 2005

“Babari Masjid Movement Coordination Committee (BMMCC) has taken note of BJP President L.K. Advani’s statement on 4 April, 2005 that had the NDA returned to power in 2004, the proposed Ram Janambhoomi Mandir in Ayodhya would have been built in a few months, on the basis of an out-of-court settlement between Hindus and Muslims for which the NDA Government had worked in its last phase.

Shri Advani is welcome to his illusions and hallucinations. But the fact is that all its efforts during 5 years in office, with all the majoritarian and official pressure it could command, the NDA Govt. had failed to secure the support of a single eminent Muslim in the country to the proposed surrender of the legal claim of the Muslim community to the disputed site under adjudication.

On the other hand, the NDA Government had refused the Muslim offer of negotiation for a settlement on the basis of a revision of the site plan of the proposed Mandir to exclude the Babari Masjid site, which its conscience-keepers, the RSS and the VHP, rejected.

The BMMCC takes this opportunity to reiterate its conviction that since title to the Babari Masjid site is not negotiable, adjudication is the only means of settling the dispute and that there is no scope for negotiation with the Sangh Parivar for an out-of-court settlement.

The BMMCC appeals to all concerned to eschew agitation and mobilization and patiently await the final judicial verdict on the question of title and accept the consequent implementation of the Supreme Court’s Judgement of October, 1994 by the Central Government.

The BMMCC requests Shri Advani, who is one of the seniormost politicians in the country, not to engage in misinformation, mislead the public opinion or disparage the rule of law.”

On BJP’s Revival of Ayodhya Question

MMA Statement, 9 April, 2005

The Markazi Majlis-e-Amla

*     Condemned the BJP for resurrection of the Ram Janambhoomi Mandir Project as its priority agenda and emphatically contradicted Advani’s claim that ‘Muslims had agreed to an out-of-court settlement for surrender of Babari Masjid site for the construction of the proposed Mandir as an illusion’.

Communicated to HM Shivraj Patil, 12 April, 2005

Acknowledged by M/Home Affairs, 21 April, 05

Security of the Acquired Area in Ayodhya

Reply from MOS for Home Affairs, 18 May, 05

Please refer to your letter dated 18th March, 2005* regarding security of the acquired area in Ayodhya. We have issued appropriate instructions in this regards. The shortfalls noticed during the inspection by the Commissioner, Faizabad have since been corrected.

*Already published in Bulletin 19 at page 33.

Use of Dhar’s Revelations in Ayodhya Case

Letter to Zafaryab Jilani, 7 April, 2005

May I draw your attention to Mr. A.G. Noorani’s review of M.K. Dhar’s “Open Secrets” published in Economic and Political Weekly, 26 March, 2005? His overall view is that (Dhar) provides damning evidence that the demolition of the Babari Masjid on December 6, 1992 was planned by the BJP and RSS leaders.

I suggest that you go through this book, cull out the passages on which Noorani relies and request the Special Bench to summon Dhar or at least permit you to introduce his book as evidence.

Comprehensive Developments of Ayodhya-Faizabad

Letter to CM, UP, 25 April, 2005

We are glad to know that your Government proposes to spend Rs.200 crores for the development of long-neglected Ayodhya as a Tourist Centre.

I am writing this to draw your attention to the fact that Ayodhya has an Islamic face because it has been a great centre of Muslim learning and Sufi teachings for nearly 1000 years. It still has many historic sites including Dargahs and Masjids. Moreover, Faizabad, as the capital of the Nawabs of Oudh, who played a remarkable role in the development of the Hindu face of Ayodhya by donating land for various Hindu sects, itself has the potential of being a great attraction.

We would, therefore, request you to have a comprehensive plan for the development of Ayodhya and Faizabad in all their historic splendour and not just as a Hindu pilgrimage center as the Sangh Parivar desire.

Muslim Resistance on Babari Masjid Case

Letter to Iqbal M. Sanai, 13 May, 2005

Your email of 12 May, 2005.

In principle, there can be no fusion between Islam and Kafir for an artificial synthesis of a new religion. Only Akbar tried it and failed. I believe in mutual recognition, tolerance and acceptance of religious differences among people of different religions in a multi-religious society and complete religious freedom and equality for all. I also believe in social fraternization but I draw the line at compromising the core ofIslam: Tauhid. Maulana Azad also spoke of unity of religion but not of religions. In a polity based on secularism i.e. religious non-discrimination, orthodoxy is no bar and even the orthodox of different religions should come together for a common cause.

You have mentioned the Babari Masjid Case. I do not recall what I wrote to you but Muslims had to reject the Hindu claim on the ground that it was built on Ram Chandraji’s birth site, after demolishing a Mandir. If we had surrendered one Masjid to the claim, by now hundreds of historic Masjids, including Jama Masjid, would have been targeted on similar ground. Babari Masjid’s demolition was a failure of the government to perform its duty. Muslim community had no force to resist an assault. I am glad that so far we have resisted the claim through real means and Insha’Allah we shall win.

Threat to Gyan Vapi Masjid, Varanasi

Letter to HM Shivraj Patil, 14 May, 2005

Shiv Sena, acting through its ‘up-neta’ Chandra Kant Khaire, MP and the State President Vijay Tiwari have sounded the bugle for an assault on the Gyan Vapi Masjid in Varanasi. They have threatened to dismantle the PA System used in the Masjid for Azan, if the local administration fails to do so. (The Times of India, Lucknow, 9 May, 2005)

Elaborate arrangements have made by the Union and the State Governments since the late 80’s to protect the Masjid against the threat of use of force by Hindu militant organizations, while the matter is sub-judice. Also, to the best of my knowledge, the CRPF has also been posted there.

We apprehend that if a mob breaches the security, its mischief may not be limited to the PA System but it shall damage to the Masjid and try to enact another Babari Masjid, which may start a wider conflagration.

We, therefore, request you to reinforce the security and take all possible steps to protect the sanctity of the Masjid, in consultation with the State Government and the local administration. As a first step, the Shiv Sena and Bajrang Dal may be warned against taking the law into their own hands and advised to seek judicial remedy of any grievances they have and if they are adamant on mischief, their local leaders should be taken into custody.

Summon to ex-PM Vajpayee by Liberhan Commission

Letter to UPA Chairperson, 18 May, 2005

The Liberhan Ayodhya Commission of Inquiry is about to complete its hearing. But it has not yet summoned Shri Atal Bihari Vajpayee. There are at least 3 points on which he can and should be asked to appear before the Commission.

1.   His general attitude towards the Ram Janambhoomi Movement and Advani’s Ayodhya Yatra.

2.   His reported participation in a secret conclave of VHP-BJP leaders just before the D-Day and which gave the green signal.

3.   His call for action in his public speech at Lucknow on 5 December, 1992 evening, addressed largely to the Karsevaks.

4.   His stand on the Demolition.

An application for summoning Shri Vajpayee is pending before the Commission.

The Union Government is represented at the Commission by a senior Counsel, the former Additional Solicitor General Shri P.P. Madholkar.

I request that the Government be advised to instruct the Counsel to support the pending application or petition the Commission independently.

Union’s Intervention in Advani Case

Letter to Minister of Law, 4 May, 2005

You may kindly recall the discussion of the All India Muslim Majlis-e-Mushawarat Delegation with you on 21 April, 2005. Inter alia, we brought to your notice that the CBI Counsel in the Allahabad High Court was not paying any attention to the Revision Petition No. 619/2003 [Haji Mahboob and others vs the State of UP] against the Order of Discharge by the Special CBI Court, Rae Bareli in favour of Shri L.K. Advani.

The Counsel Shri Chouday informed our Counsel that he had received no instructions.

We would like him to pay as much attention to this case as to its counterpart, the Petition filed by Shri M.M. Joshi and others, as they are interlinked.

I request you to do the needful.

Renovation of Make-shift Temple

Letter to Commissioner of Faizabad, 4 May, 2005

According to a news report published today, acting in your capacity as the Custodian of the Acquired Area in Ayodhya, you propose to change the canopy over the excavated area, as well as the make-shift temple. We recall that the canopy over the make-shift temple was allowed by the High Court on the basis of the status quo as on 7.12.1992. To change the canopy which has been subject to natural wear and tear is one thing but to replace the canopy with a heavier canopy which needs structural changes to support it, is another matter. It has to be approved by the Union Government and the High Court.

We, therefore, request you to submit your plans, separately, for the excavated area and for the make-shift temple to the Government for its prior approval and, in the case of the latter, also of the High Court.

Dr. Sadiq’s Call on Vinay Katiyar

Letter to Kalbe Sadiq, 14 May, 2005

Your reported call on Vinay Katiyar, the BJP/Bajrang Dal leader, who was in the forefront of the Demolition of the Babari Masjid has caused many eyebrows to rise in the country.

Many of us have done our duty and protested against your detention at the Chicago airport and it is difficult to see  why he of all persons received a personal call for thanksgiving, despite his background.

You are one of our leaders and your prestige and credibility are asset for us. We have full trust in you but you should abstain from such acts which are difficult for your admirers to explain.

Harassment of Hashim Ansari

Letter to UP CM, 26 May, 2005

We are shocked to learn that Ayodhya police has filed two cases under Sections 107 and 116 of the Cr. P.C. against Mr. Mohd. Hashim Ansari, the only living original petitioner in the Babari Masjid dispute. At the age of 80 he is thus compelled to attend the hearings which are held in Faizabad. The local police is threatening him and some members of his family with action against them under the Gangster Act! This is absolutely atrocious.

In the meantime, his security has been withdrawn. This places him in acute danger.

We request you to restore his security and instruct the D.M., Faizabad, to review the cases under Section 107 and 116 and withdraw them.

On Management of Haj, 2006

I - MMA Statement, 9 April, 2005

The Markazi Majlis-e-Amla

*     Requested the Government to allow the Haj Committee to arrange air charter through international tender and authorize it  also to look after the welfare of the Haj pilgrims who opt to make their pilgrimage through recognized private operators.

*     Called upon the Saudi Arabian authorities to raise the Indian quota to 1,50,000 for Haj 2006.

Communicated MOS/External Affairs, 12 Apr., 05

II - Letter to MOS for External Affairs, 3 June, 2005

I request you to introduce 3 basic changes this year:

1.   The Haj Committee should be authorized to float an international tender for Haj Charter Service with aircrafts of its choice and not be compelled to utilize the services of Air India. It should form a Negotiating Committee with representatives of Ministries of External Affairs, Finance and DGCA. Competition would bring down the Charter fare, which should not exceed 2/3 of the current return IATA Fare in US Dollars, all inclusive.

2.      The Haj Pilgrims should not be required to deposit rupees with the Haj Committee for obtaining Riyals on arrival in Saudi Arabia but he should be set free to exchange his Rupees for Saudi Riyal directly through the main district branches of the SBI or a bank of his choice or at the exit point.

3.      The Haj Committee should be instructed not to collect from each pilgrim Rs.150 as compulsory `Donation for Haj House` or additional handling charges of Rs.200/-.

III - Letter to Chairman, Haj Committee, 7 June, 05

The multiplication of embarkation points for the Haj Charter now conflicts with geography because many pilgrims are geographically closer to and, therefore, find it more convenient to fly out from and return to an embarkation point in a neighbouring state.

I would, therefore, suggest that, as originally proposed, the pilgrim should be asked to indicate the embarkation point of his choice, in case he does not wish to use the one located in his State.

I do not know whether the Haj application forms have any column for indicating this choice. If not, this can be done through newspaper advertisement. But such an advertisement should be issued only after the list of embarkation points for 2006 is finalized and only those who want to change he embarkation point to one in a neighbour State should be asked to respond.

On Haj Arrangements for Haj 2006

Resolution of MMM, 11 June, 2005

The MMM of the AIMMM welcomes the projected rise in the number of Haj pilgrims to 1,37,000 for Haj 2006 but objects to the limit on the quota of 82,000 only for the Haj Committee, perhaps because of the subsidy. 

The MMM reiterates its view that the subsidy should be reduced a) by progressively increasing the Haj fare, payable by the pilgrims which was fixed at Rs.12,000 nearly 20 years ago, say, by Rs. 2,000/- every year, and b) by reducing the Charter fare to the universally accepted level of 2/3 of the IATA fare either through open international tender or through internal negotiation with Air India.  These measures will bring down the subsidy and enable the Government to increase the Haj Committee `quota`.

The MMM also urges the Government and the Haj Committee to treat each plane-load as a Haj Group and to post a Haj Service Team consisting of one Khadimul Hujjaj, a general practitioner with a pharmacist and a nurse and an administrant assistant, to travel to and from Saudi Arabia with the Group, live with the Group and move within Saudi Arabia with it to provide ready service to the pilgrims in the Group.  The MMM also calls upon the Haj Committee to devise a system of accommodation so that the entire Group is accommodated in the same building.

The MMM also requests the Haj Committee to give the pilgrims the freedom to purchase foreign exchange, within the prescribed maximum, from a bank or dealer of their choice.

The MMM also proposes that the Government abolish or at least reduce the size of the Official Haj Delegation which, apart from wasteful expenditure, monopolises the attention of the entire Haj Mission and diverts it from its essential task of looking after the common pilgrims, particularly during the critical weeks before and after the Haj.

Communicated MOS/External Affairs, 12 June, 2005

Nationwide Network of Social Organizations

Letter to The Milli Gazette, 14 May, 2005

Apropos Mr. M.H. Lakdawala`s article on Mega Organizations, I think he makes a valid point that no organization, even if limited to a well-defined objective, can cater to the need of the community in the whole of the country, particularly if it has a centralized structure.

But he ignores the existence of hundreds and thousands of Muslim mini-organizations at the local (village, Qasba), district and state levels. In fact what is self-defeating is the proliferation of many organizations operating in the same field in the same area without any horizontal coordination or vertical guidance. However, many of those organizations and institutions claim without any justification that they represent the whole of the Muslim community in the country or in the State or that they have a nation-wide jurisdiction. Let each organization be specific not only in object and purpose but also in area of activity, and work intensively with whatever resources it can muster in men and money, in the area of its choice and among the people of that area.

Also, Mr. Lakdawala ignores the need for a nationwide network to enable V.O.`s to learn from each other`s experience through local and national coordination. This is precisely the concept of the Majlis-e-Mushawarat which seeks to bring together in a collective forum at the town, district, state and national level, all Muslim organizations, societies and institutions alongwith eminent individuals working for the community. Each organization could well form part of a vertical structure, as well as form a horizontal combination of all local organizations operating the same specialized field and, at the same time, join all Muslim organizations/groups of other specializations and functions, for avoiding duplication, exchange of experience and developing a strategy for collective action or supportive action when needed.

I would like to add that all in all, Muslim activists are involved largely in their own community and its problems which, to some extent, have the national horizon. But Muslim citizens should be active in all NGO`s which serve the people in general. This association will widen their contacts and broaden their vision and above all create goodwill for the community.

On Expansion of Haj Committee Quota with Lower Outlay on Haj Subsidy

Letter to MOS for External Affairs, 7 June, 2005

With reference to our conversation yesterday, I received the impression that the only obstacle to the enlargement of the Haj Committee quota is the further increase in the Haj subsidy which is presently at the level of Rs. 20,000/- per pilgrim which adds to roughly Rs. 164 crores. I agree that it would not be proper, neither in the interest of the government nor in the interest of the Muslim community, that it should go up any further. There has been a steep rise in the Haj subsidy over the last few years despite parliamentary objection and its persistent exploitation by the interested forces for anti-Muslim propaganda.

Theoretically, it is possible that if the quota is abolished 90% of the pilgrims may opt for the Haj Committee channel to take advantage of the subsidy. It is also my conviction that a small increase is the level of Haj fare payable by pilgrim say from Rs.12,000 to Rs.14,000 shall not lead to any significant drop in the number of pilgrim opting for the Haj Committee channel.

The present Haj Committee quota system, its distribution among States according to Muslim population and redistribution on the basis of surplus applications from some States and finally the `acceptance` of all applications at the last moment does not reduce the subsidy but only delays the green signal and thus causes inconvenience to the pilgrims, the State Haj Committees, the Haj Committee, the Ministry of External Affairs and the Ministry of Civil Aviation. The entire system will be streamlined if the Government took the decision about the final Haj Committee quota/subsidized pilgrimage right at the beginning of the Haj Season.

To begin with, if the government does not wish to take a risk, let it begin with, say, 100,000 pilgrims, subject to the strict additional condition that not a single application after 100,000 shall be accepted or beyond the closing date. The late applicants can be advised to approach the private Haj operators.

In order to reduce the financial burden, the government should muster the political will to increase the Haj fare for 2006 to Rs.14,000 which is much below the increase in the total cost of Haj or the cost of accommodation or even the cost of food in Saudi Arabia, in the last 25 years!

But the subsidy gap can be further reduced through negotiations with the Charter carrier(s). I am still of the view that the real and proper course for reducing the Charter fare is international tender by the Haj Committee with short-listing and negotiations through an empowered Committee consisting of representatives of Ministry of External Affairs, Ministry of Civil Aviation, Ministry of Finance, Chairman of the Haj Committee and a senior member of Parliament who is a member of the Haj Committee. The Committee may award the contract to Air India if its bid is only marginally higher than the lowest of all foreign carriers, say, by less than 5 per cent.

The other alternative is to have in-house negotiations with Air India to bring it down to accept the time tested and universally-relied-upon formula of 2/3 of the current IATA fare in US Dollars for Delhi-Jeddah-Delhi run, with suitable modification fro other embarkation points.

If Air India agrees, the Saudia has the option of accepting the same fare or charging a royalty which is also fixed in terms of a fraction of the IATA fare. Today, undue profit is being reaped by the Saudi which carries more than 50 per cent of the Haj Committee pilgrims at the inflated rate.

Assuming that the present Delhi-Jeddah-Delhi IATA fare is US$ 750 (it should be less), 2/3 will be $500 which is equivalent to 43.5 X 500 i.e. Rs. 21,750, say, Rs.22,000/-. It will be definitely less than Rs. 32,000/-, being paid at present.

This will mean a maximum subsidy of 22,000 – 14,000 = Rs. 8,000/- per pilgrim, to a total of Rs. 100 crores, for 80,000 pilgrims and 110 crores, if pilgrims enjoy freedom and opt for the Haj Committee channel.

This would be a great achievement, without overburdening the pilgrims, the government would have reduced the subsidy! This would open the door for further reduction in the coming years, increasing the Haj Fare by Rs.2000 every year till it more or less matches the Charter Fare. At the same time, the government can increase the Haj Committee quota, out of the maximum permissible by the Saudi Arabian authorities, by 5 percent every year to 75 percent, then to 80 percent, then 85 percent and then 90 percent, leaving 10 percent margin for the elite to travel on regular passports through a carrier of their choice.

Progressive Reduction of Haj Subsidy

Letter to PM Manmohan Singh, 8 June, 2005

The Government of India has decided to allow 1,37,500 pilgrims for Haj 2006 and allotted a quota of 82,000 to the Haj Committee for Charter flights, the same as in 2005 because it does not wish to increase the subsidy of nearly 2000 per pilgrim, which amounts to Rs.164 crores!

I have been pressing for progressive reduction of subsidy a) by raising the Haj fare which has remained at the same level of Rs.12,000/- since the 80`s and 2) by negotiating reduction of Charter Fare to the normal level of 2/3 of the IATA Fare in US Dollars.

Also the invidious distinction between Haj Committee pilgrims and the private pilgrims should go.

I suggest a raise of Rs. 2,000/- in the Haj fare to Rs. 14,000/- and in-house negotiations with Air India to bring it down to the normal Charter fare which should not exceed roughly Rs. 22,000/-.

The Quota system should be abolished. Most of the Hajis will travel by Charter flights and pay Rs.14,000/- but the subsidy will go down to 80 crores for 80,000 and 100 crore for all 1,37,500.

This would enable both the Government and the Muslim community to rebut the charge of appeasement.

I have sent a detailed letter to Ministry of External Affairs and Finance and MOS for Civil Aviation. I enclose a copy for your kind perusal.

Re-categorization of Pilgrim Accommodation in Makka Mukarrama

Letter to Chairman, Haj Committee, 8 June, 2005

I was surprised to know yesterday that the Haj Committee has decided to introduce a 4th category of accommodation in Makka Mukarrama at Rs. 1250 per pilgrim for accommodation beyond 1000 meters.

We have gone through this up-and-down movement over the years. In my view multiple categorization of accommodation plays havoc with our system of servicing the Haj pilgrims – the Khadimul Hujjaj, the Haj Mission and the Medical Mission, not to speak of the Moallims as pilgrims, from one state or speaking one language or having the same style of living, arriving by the same Haj flight, are distributed over several buildings of different categories, situated at different distances from the Haram. What is necessary is to have only one category with minimum facilities and a variable levy or rebate depending on the actual distance from the Haram Sharif.

If we had only one category of accommodation, at least every plane-load of pilgrims would be accommodated in one building or in adjacent buildings. Their Khadimul Hujjaj, their medical team and the member of the Haj Mission assigned to look after them and the Moallim would be common and the service delivery would be much easier and prompt. Even their Haj Movement and to and from Madina and to and from the airport would be much more easily coordinated.

There are important factors which have to be taken into account. 10 per cent of the pilgrims would be looking for comfort which would not be avail1able in the normal Haj accommodation. Either they would adopt the private Haj Operators route or book accommodation in nearby hotels or guesthouses or stay with their relatives. So this factor can be dealt with by giving them the option of staying in the Haj accommodation or making their own arrangement except that they should inform the Haj Committee before departure from India and the Indian Haj Mission on arrival in Saudi Arabia, of their address.

Another factor is the criteria for priority in allotment of Haj accommodation in buildings which are either better equipped or closer to the Haram Sharif. In my view, the buildings should be allotted to the pilgrims in order of arrival of their Haj flights. For those landing in Medina, it should be the order of arrival in Mecca.

With increase in the number of Haj pilgrims from all over the world, and with the raise in the per pilgrim space from 3 sq. meters to 3.5 sq. meters. suitable buildings are going to be more and more scarce. It may be impossible to achieve a match between the desired and the available accommodation. The present accommodation system has 2 variables:

      1)   distance between upto 600 and 1200 meters distance and

      2)   rent/unit between SR 1250 and 2150. The medium line is SR 1700 and 925 meters.

I propose that the area around the Haram Sharif on all sides should be divided into 100 meter wide slabs from the outer limits of the Haram Sharif in every direction and for every 100 meters distance the pilgrims should pay SR 100 more than for the immediately closer slab. The 2005 data show that all pilgrims taken together paid an average of SR 1900 at an average distance of 700 meters. It is suggested that the accommodation charges should be fixed in relation to rent in the medium Slab VII (600-700 meters) and for every 100 meters closer to the Haram Sharif there should be a levy of SR 100 and similarly a rebate of SR 100 for every 100 meters away from Haram Sharif. With this information, a scale of accommodation can be devised in the following manner:

*Subject to market conditions

Every pilgrim should be asked to deposit the equivalent of SR 1900 with the Haj Committee. The deposits should be transferred to the Indian Haj Mission (CGI, Jeddah) as and when necessary, to pay the advances or book buildings.

The Haj Mission should keep an account and make the collection of levy/payment of rebate soon after the Hajis reach Mecca. It is assumed that all buildings rented by the Haj Mission shall have the minimum facilities as approved by the Haj Committee.

It is requested that this Scheme may please be placed before the Haj Committee for consideration.

Optional Insurance for Haj Pilgrims

Letter to MOS for External Affairs, 18 June, 2005

The Darul Uloom, Deoband, has given a Fatwa against Haj Insurance. The Haj Committee should not require all pilgrims compulsory to have individual insurance but itself obtain a collective insurance against air or road accident/fire hazard/civil commotion, on payment of a small premium per pilgrim insured handled from its own reasons.

The compensation should be payable as ex-gratia payment, upto the specified amount, for loss of life and limb or hospitalization while in Saudi Arabia or air or car accident while traveling within Saudi Arabia. I imagine the air journey from India to Saudi Arabia and back is covered by the carrier.

Decentralization of Haj Service and Formation of Service Teams

Letter to Chairman, Haj Committee, 8 June, 2005

In 2005, only 70 Khuddamul Hujjaj were deputed. This covers 13 out of 17 major States of Muslim concentration with only 4 states fulfilling the norm of 1 KH for 500 pilgrims. As may be seen from the following chart, the biggest defaulters were Delhi, J&K, Rajasthan and UP.

State             No. of      No. of          No. of       Due No.                   Pilgrims          Khuddamul    Pilgrims/         of  KH

                                      Hujjaj           KH            (2005)

AP                  5,536             11           503             11

Assam            1,480               2           740               3

Bihar              1,562               3           521               3

Delhi               3,111              —              —               6

Gujarat           6,060               5        1,212             12

Haryana            939               1           939               2

J&K                8,747              —              —             17

Jharkhand         938               1           938               2

Kerala            9,337             19           491             19

Karnataka      4,204               7           601               8

Maharashtra  9,950               9        1,106             10

Madhya Pradesh 3,424           4           856               7

Punjab              236               1           236               1

Rajasthan       3,943              —              —               8

Tamil Nadu    2,699               6           450               5

Uttar Pradesh 14,865            —              —             30

W. Bengal      2,277               1        2,277               4

Total            81,567             70        1,165           163

As I suggested at the Annual Haj Conference, the Khuddamul Hujjaj, the Medical Mission, the Haj Mission should be decentralized and a composite service team of the Khuddamul Hujjaj, the Medical Team, consisting of one MO(GP), one Compouder/pharmacist and one male/female nurse, one administrative assistant (part of the Haj Mission) should fly out with every plane-load of pilgrims. They should all be selected with language as the main condition. They should be accommodated with the pilgrims in their charge and they should move for Haj and Medina alongwith them. They should also return to India with the same batch. They should maintain a daily diary of service rendered to the pilgrims in the charge and submit it every week to the AHO in Makka/Medina and on return to the Secretary of the State Haj Committee.

It appears that several State Haj Committees are not in a position to bear the expenditure on the deputation of the Khuddamul Hujjaj. More so, when the Haj Committee has increased the number to 1 KH for 500 to 1 KH for 300. However, I suggest that the number should be related to a plane-load, say, 400. In a mixed flight, the State/linguistic group of the majority of the pilgrims should be the yardstick.

I also suggest that the Ministry of External Affairs should give the States the responsibility to select and depute the KH, the members of the medical teams and the administrative assistant, in accordance with the qualification and terms and conditions prescribed by the Ministry of External Affairs and, in consultation with the Haj Committee of India, and to offer that the Haj Committee of India shall bear half the cost of deputation, namely, Haj fare and the accommodation charges while the State Government/Haj Committee should pay the permissible DA.

The proposed system of decentralization will provide a more effective system of service to the pilgrims while in Saudi Arabia. It shall subject the performance of the Haj service Team to social control through close and daily scrutiny by the pilgrims as well as to professional/administrative control by their superiors in Saudi Arabia. What is more important is that for any deficiency in the Haj Service, the pilgrim shall have either themselves to blame or to seek accountability from the State Government or State Haj Committee.

I would be grateful if you shall have the proposal for Decentralization of Haj Service approved by the Haj Committee so that the system can be introduced with effect from Haj, 2006.

Proposal for Institutionalization of Zakat

Letter to Asian Benchmark Technologies, 20 April, 05

This is to acknowledge your letter of 15 April, 2005 proposing institutionalization of Zakat – payment, collection and utilization at various levels.

Though your letter is unfortunately full of grammatical, spelling and typing mistakes, it makes an essential point.

Some years back the Hegde Government in Karnataka had through the initiative of one of its ministers, late Nazeer Ahmad, had sought to establish a Zakat Fund. This was vehemently opposed by the Ulema and the Scheme had to be put aside.

The problem is that a) Zakat payers do not wish to make the quantum of Zakat public; b) they wish to disburse it directly to institutions and persons of their choice; c) Muslim public opinion will not accept any legislation or even regulation by the State in this regard.

The Haj Act primarily arose out of the felt need for an official organization to deal with the collective transportation of Haj pilgrims for to and from Saudi Arabia and for their care and support during their stay in a foreign country. Zakat situation is totally different.

Muslim public opinion is not even prepared to accept legislation like the Sikh Gurudwaras Act to manage the Masjids, through elected bodies, consisting of the members of the congregation. In Delhi alone the Sikh Gurudwaras Parbandhak community has established many public schools, colleges, technical training institutions, clinics, dispensaries, cultural forums with the income generated by Masjids.

The reason for Muslim reluctance lies in the selfish interest of the Mutawallis of Masjids, the heads of the Madrasas and generally the religious establishments. Each of them has his clients and wants to run his show without interference from anyone, because much of the income is spent on himself and family!

So, I do not see the Milli organizations coming together. I suggest you write to all leading Muslim organizations, Jamaat Ulama-i-Hind, Jamaat-e-Islami Hind, All India Milli Council, All India Muslim Personal Law Board, Darul Uloom, Deoband and Nadwatul Ulema, Lucknow and invite their reactions to a brief scheme and calling them to come together and devise a Scheme for proper Payment, Collection and Utilization of Zakat through a well-coordinated collective system. Please let me , if and when you receive a reply.

Wakf Status of Protected Masjids

Letter to Central Wakf Council, 31 May, 2005

I would like to know if the Question of Wakf Status of the ancient Masjids under the Protection of the ASI has been considered by the Central Wakf Council at any time.

Secondly, I would like to know whether the Question of Utilization of ‘dead’ Qabristans for Commercial Development has been considered by the Central Wakf Council.

If so, I would be grateful to be apprised of the views of the CWC on these 2 Questions.

On Dissolution of Punjab Wakf Board

Letter to CM Punjab, 18 June, 2005

As you may be aware, the All India Muslim Majlis-e-Mushawarat (AIMMM) has been protesting since 2002 against the Trifurcation of the multi-state Punjab Wakf Board. In our view it was not only contrary to the intention of the legislation but unlawful and against the purpose of the Wakfs. As anticipated, the PWB, formed after the Trifurcation, has been lost in a spate of litigation as Punjab has too few Muslims to comply with the mandate of the Wakf Act, 1995.

Now that the State Wakf Board has been dissolved, we request you to reconsider the entire question of Trifurcation and keep the reconstitution pending.

We have requested the President of the Congress in this regard.

The Mushawarat Delegation shall like to call on you in this regard at your earliest convenience in the first half of July, 2005.

Proposal for Conference of CMs on Wakfs

Letter to M/Social Justice, 1 June, 2005

You may kindly recall the express desire of the Central Wakf Council that the Prime Minister may kindly convene a Conference of Chief Ministers on the protection and development of Wakf properties.

We feel that State governments do not take their responsibility nor the Wakf Act very seriously and that the State Wakf Boards cannot function effectively and expeditiously without the full support of the State Government, particularly in matters relating to Survey and preservation of wakf properties, vacation of public Wakfs under illegal occupation or their exemption from rent or urban land ceiling legislation.

We request you to consult the Prime Minister and set a suitable date. You may also instruct the Secretary, CWC to contact the authorities of the Wakf Boards in Wakf-concentration States for suggestions on matters to be placed before the Chief Ministers and to prepare brief background note for the perusal of the participants.

Sale of 50% of Wakf Properties in Tamil Nadu

I - Letter to M/Social Justice, 6 April, 2005

Mr. Hannan Mollah, MP and Chairman of West Bengal Wakf Board has addressed a letter to you on 3 March, 2005 objecting to the sale of 50% of ‘some’ Wakf properties in Tamil Nadu to raise funds for the development of other 50%. Prima facie, Mr. Mollah has a point.

I request that the Central Wakf Council be directed to obtain the particulars of such Wakf properties and projects from the Chairperson, Tamil Nadu Wakf Board (alongwith the Wakfnama) and to place the matter before the next meeting of the Central Wakf Council for consideration and reaching a consensus. Both Mr. Mollah and Ms. Bader Sayeed may be invited to attend the meeting.

II - Letter to M/ Social Justice, 31 May, 2005

Please refer to my letter of 6 April, 2005 regarding the sale of 50% of ‘some’ Wakf properties in Tamil Nadu to raise funds for developing the other 50%. I had requested you to have the matter placed before the CWC. But this could not be done.

I request you to that to stop further alienation, you may kindly instruct the Secretary, CWC to advise the Chairman, Tamil Nadu Wakf Board to stop such alienation, until the matter is considered by the CWC in accordance with the Wakf Act, 1995.

III - Reply from M/Social Justice, 14 June, 2005

I am in receipt of your letter dated 31.5.2005 regarding sale of 50% of some wakf properties in Tamil Nadu.

I am having the matter looked into.

Occupation of Wakf Property by Agra Police

Letter to UP Sunni Wakf Board, 27 May, 2005

The demolition by Agra Police of a part of the Saghir Fatima Girls Inter College, Agra, early this month must have come to your attention. This college is located on the land of Dargah Shah Wilayat. This has been condemned by Hindus and Muslims alike and by the teaching community.

I request you to take up the case with the Government of UP and ask them to restore the land and rebuild the classrooms demolished by the police.

Misuse of Masjid Man Singh Road, N. Delhi

Letter to Delhi Wakf Board, 30 June, 2005

May I draw your attention to the letter of Mr. Mohd. Athar Quraishi in the Qaumi Awaz of 24 June, 2005? I would request you to inquire into the conversion of the Masjid Man Singh Road into a private and hereditary estate, the unlawful structural changes and construction of apartments for residential purposes and the opening of a Madrasa in the Masjid premises.

I am surprised by the appointment of a son of the late Imam as the Imam. I would like to know if the Masjid has a Managing Committee and if so who the President and the Secretary, are.

If the Managing Committee is not effective or active, it should be replaced, the Masjid should be cleared of all unlawful occupation and its sanctity should be restored. The appointment of the Imam should be reconsidered after new Managing Committee is in office.

ASI’s Plea to Take-over Jama Masjid

I - MMA Statement, 9 April, 2005

The Markazi Majlis-e-Amla

·         Condemned the ASI’s move to take over the Jama Masjid and urged the Delhi Wakf Board not to succumb to its pressure or persuasion but to assert its right to manage the Jama Masjid as its dejure Mutawalli under the Wakf Act, 1995, without any interference, and to establish an Advisory Committee with persons of national eminence to advise it on the maintenance and management of the Jama Masjid which is not only a national landmark but an Islamic heritage.

Communicated to M/Culture, LG of Delhi, DWB, 12 April, 2005

II - Letter to Minister of Culture, 27 April, 2005

I have seen the proceedings of the Delhi High Court on the Jama Masjid Question on 27 April, 2005 in today’s papers.

The Government advocate should state before the Court that

1.   The removal of the encroachments around the Jama Masjid and to keep the roads clear of stalls and vendors is normally the joint responsibility of the DDA, the MCD and the Delhi Police and thus they have nothing to do with the declaration of the Jama Masjid as a Protected Monument.

2.   The Government has no legal authority to take over an ancient monument which is not abandoned against the wishes of its owner, in this case, the Delhi Wakf Board as the de jure Mutawalli of the Masjid. How can the Government ignore the Board and the wishes of the Muslim community which does not favour its declaration as a Protected Monument?

3.   The Government always recognized the national and historical importance of the Jama Masjid and has, therefore, sanctioned funds for its repair and conservation, from time to time, e.g. at the time of PM Nehru and again during the regime of P.M. V.P. Singh (perhaps on other occasions as well). Such funding is not conditional upon the declaration of the monument as a Protected Monument.

Incidentally, the Imam of the Masjid is no more than an appointee/employee of the Board. In my view, the Imam may be consulted by the Board but the decision-making authority is the Board.

I am sending a copy of this letter to the Chairman of the Board.

Exemption of Wakf Properties from Rent Control

Letter to Delhi Wakf Board, 17 May, 2005

As you know several States have exempted Wakf properties from rent control legislation. Delhi is not one of them. I recall that the case had been initiated but I have no idea where it has got stuck.

You must give it a priority because this is the only way you can raise the income of the Delhi Wakf Board.

Delhi Wakf Board as Custodian of Jama Masjid

Statement, 27 May, 2005

“The All India Muslim Majlis-e-Mushawarat welcomes the recognition of the Delhi Wakf B