Quashing a charge sheet and a civil suit in Waqf Tribunal
Dear Kanoon / Admin,
I have posted the last free follow up question yesterday night addressed to Mr. Ajit Jogle when the mail sent to me by you to rate Mr. Ajit Jogle. I rated him as GOOD, and the page prompted me to do so from within the mail and when the page opened up and said I can ask one free follow up question. I had specifically addressed my query to Mr. Jogle. But despite the passage of almost 14 hrs. since my last post, my second follow up question or his answer to it has not been show case under My Questions. I wonder where has the question gone? Please help me.
Ansar Naqvi
My question was with regard to approaching the A.P. High Court U/s 482 and or 561 of Cr. P.C. and pray for quashing the civil suit in the A.P. State Waqf Tribunal and Criminal complaint, F.I.R. and Charge Sheet on the grounds of lack of Jurisdiction, since there is a legal bar against the institution or continuance of the proceedings U/s 52 A (3) which reads:"Section 52 A (3) No court shall take cognizance of any offence under this section except on a complaint made by the Waqf Board or any officer duly authorized by the state Government in this behalf."
Because in both cases the complaint is not filed by the Waqf Board and there is an express bar on all courts for taking cognizance of any offence under section 52 A, filed by a private person.
The other grounds for invoking the inherent power of the High Court U/s 482 and or 561 of Cr. P.C.are:
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; And In our case whether the property concerned is a waqf property or not is not yet decided. It can only be decided by the Waqf Tribunal only if the Waqf Board files a Suit for eviction and repossession in the tribunal. So long as the property in question is not proved to being a Waqf and being a religious structure or a place of worship or any object held sacred by any class of persons or a burial place, or any place of sepulcher, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, the question does no arise of any defilement, insult to the religion or religious sentiments of any class or group of persons, or outraging of religious feelings of any class by insulting its religion or religious beliefs or wounding the feelings of any person.
The question of insulting the religion of any person, with the intention and knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby and the accused commits any trespass, defilement, demolition, or changing the nature of occupancy of a place also does not arise until it is proved beyond doubt that the premises or structure was religious in nature.
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge and will not lead to conviction.
Asked 7 years ago in Criminal Law
Religion: Muslim
iv. The investigating agency has also failed to collect any clues (pieces of bricks, stone, plaster, carvings, tools, tackles and implements etc. used in the crime from the scene of the crime, by way of evidence circumstantial or otherwise, with regard to the existence the Moazzana before its alleged demolition i.e. commitment of the offences by the accused.
In cases where a running Masjid is being demolished by a non Muslim (A-3) in broad daylight, a communally sensitive situation will arise.The I.O. has neither mentioned anything of the sort or any “Panchnama” conducted by him at the scene of the crime.
vi. The investing agency has acted hands in glove with the complainant and has simply copied portions of his complaint taking everything in it as “Bible Truth” without showing an iota of the essential ingredients of a criminal or forensic investigation or his own initiative in finding the truth.
vii. And to do this “Sham” the investigation officer has taken more than 2 years!
viii. There is no mention of entries in the case diary of the number of times he has visited the scene of the crime.
ix. The case involves only a civil dispute and not a criminal case of cheating, Complaint does not disclose any offence either under Sec. 420 or Sec. 120 B I.P.C. The case is purely a civil dispute. Allowing the criminal proceedings would amount to an abuse of the process of Court.
x. The offences claimed to have been committed by the accused can be treated as offences only when the property is proved to be a waqf property otherwise they are no offences at all.
xi. The matter is subjudice and will have to go through a long process from the waqf tribunal to the high court or even to the supreme court until it is finally decided to be a waqf property and the whole process may take years.
xii. Forcing the accused to appear before the trial court and face the trial on the basis of a frivolous charge sheet which is subject to the final outcome of the civil case and which is nothing but a verbatim copy of the private complaint including the photographs supplied by the complainant which do not show the demolition of the Moazzana of the mosque as alleged but are general and normal construction related photographs.
xiii. The Police has neither conducted any investigation after the FIR, nor collected any evidence from the site in support of the allegations.
xiv. The alleged demolition of the Moazzana if any, must have taken place if at all on or after July 15th. 2013 when the construction at site commenced. Prior to that date there must be evidence of the existence of the said structure.
How to ensure getting the quashing order before 18-12-17
Asked 7 years ago
1- Why is nobody answering my question with regard to my justifiable indignation and refusal to stand trial or prove my innocence, or find loopholes in the charge sheet and waste my time for a year or more, and be present in each hearing facing a threat of a non bailable warrant or arrest for any absence in hearing in a criminal court, where that court has no Jurisdiction at all in view the express legal bar under the Waqf Act 1995 and its amendment in 2013. Section 52 deals with illegal occupation, encroachment, purchase, gift, lease etc. of a Waqf property without the approval of the Waqf Board., which are offences 52 A 1) and 52 A (2) and are cognizable, non bailable and are punishable by a term not exceeding 2 years. Section 52 A (3) of the Waqf Act reads "No court shall take cognizance of any offence under this section except on a complaint made by the Waqf Board or any officer duly authorized by the state Government in this behalf." claimed to be a waqf by a complainant who is neither the Waqf Board, nor an officer authorized by the state Government, nor is he a person interested in the waqf by way of being a user.
2- Under the same 52 A (3) the Jurisdiction of the Waqf Tribunal too is legally barred. We have wasted 4 years in the Tribunal, which has issued an injunction against construction of our building on a property claimed to be a waqf by an applicant who is neither the Waqf Board, nor an officer authorized by the state Government, nor is he a person interested in the waqf by way of being a user.
As a result we are suffering huge financial losses, mental agony and are being denied / deprived of our fundamental rights under Sections 226, 227 and 21 of the Constitution of India.
I think that the High Court can Quash the proceedings under Sections 482, 561 in bot the Waqf Tribunal for lack of jurisdiction and the Addl. Chief Metropolitan Magistrate's court for lack of jurisdiction and or by issuing a writ of Mandamus to the Police against illegalities and highhandedness of Police like illegal arrests, deliberately flawed investigations, etc (e) False FIRs and Charge Sheets (f) False Claims (g) False evidences.
Ansar Naqvi
Asked 7 years ago