The Bombay high court last week refused to grant any relief to advocate Kishwar Mirza, member of the Shia sect of the Muslim community, who had moved the court challenging the shifting of Zainabia Imambara, a two-storey shrine at Bhendi Bazaar.
The Bombay high court last week refused to grant any relief to advocate Kishwar Mirza, member of the Shia sect of the Muslim community, who had moved the court challenging the shifting of Zainabia Imambara, a two-storey shrine at Bhendi Bazaar.
A division bench of chief justice Mohit Shah and justice B P Colabawala disposed of the public interest litigation filed by Mirza after being informed by the Zainabia Trust and Saifee Burhani Upliftment Trust (SBUT) that they only entered a Memorandum of Understanding to shift the imambara, since both parties, being trusts, only needed permission from the Charity Commission.
The bench noted that the trust should inform the charity commissioner about the opposition to the shifting of the imambara and accordingly the commissioner can grant a hearing to Mirza.
The PIL had relied on an "owner's letter of consent" given on April 21, 2010, by Zainabia Trust's managing trustee and builder Akhtar Rizvi to SBUT - which is redeveloping buildings in the area - authorising it to seek redevelopment permission.
Mirza alleged that Rizvi had done this "with oblique motives'' to cause monetary benefits for himself and wrongful loss to the Shia community.
Mirza claimed in the petition that a trust which was a public religious endowment can neither be sold nor third-party rights can be created as it belonged to the community at large, and also without following due process of law. Further, religious feelings and sentiments of Shias had been hurt and a Zainabia Bachao Committee was formed "condemning and protesting'' against the sale of the imambara.
The court though noted that it was not inclined to go onto the merits of the matter, saying, "Interest of justice will be served if the respondents bring it to the notice of the charity commissioner about the objections."
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