Baramulla: Amid allegations of financial irregularities and a dispute over its management, the Court of Civil Judge Baramulla, has ordered an Interim Supervisory Committee to oversee the finances of Darul Uloom Arabia Islamia, Sheeri, while allowing its existing administration to continue pending adjudication of the dispute.
The order was passed by Civil Judge (Senior Division)/Sub-Judge Baramulla Majid Farooq Mir on an application seeking temporary injunction in a suit filed by members of the ‘Majlis Shoora Wa Aamila’ against Ameer Ahmad alias Parvaiz Sahib and others.
The suit seeks, among other reliefs, declarations concerning verdicts dated September 20, 2024 and October 26, 2024, rendition of accounts and injunctions relating to the management of the Darul Uloom.
According to the plaintiffs’ case recorded by the court, Darul Uloom Sheeri is a religious and educational institution established on Wakf property and funded substantially through public contributions.
The plaintiffs claimed that its affairs were governed by a written constitution defining the powers of the ‘Majlis Shoora’ (executive council) and ‘Majlis-e-Aamila’ (general council).
They levelled allegations of financial impropriety against defendant No. 2, including alleged non-rendering of accounts, disappearance of 53 receipt books, unauthorised withdrawal of Rs 3.70 lakh from a Zakat account and purchase of a Ford EcoSport allegedly from institutional funds.
The allegations were denied by the defendants, who maintained that the accounts were properly maintained and challenged the plaintiffs’ locus standi as well as the existence and enforceability of the constitution relied upon by them.
The plaintiffs also challenged the alleged dissolution of the existing Majlis Shoora Wa Aamila and subsequent constitution of another governing body through verdicts involved September 20 and October 26, 2024.
The court held that the dispute involved substantial questions of fact and law requiring evidence, including whether the constitution relied upon by the plaintiffs was validly adopted, whether defendant No. 1 possessed authority to dissolve the governing body, and the truth or otherwise of the financial allegations.
Importantly, the court observed that the plaintiffs had established a prima facie case, but clarified that this did not mean their claims had been finally proved.
It declined to suspend the impugned verdicts or completely restrain defendant No. 2, holding that such relief would substantially amount to granting the final relief sought in the main suit before trial.
The court instead ordered a neutral financial-supervisory mechanism, observing that the institution and its students needed protection irrespective of which faction ultimately succeeded.
The committee will comprise one nominee of the plaintiffs, one nominee of the defendants and the Tehsildar Narvaw as its head and supervising authority.
The parties must nominate their representatives within two weeks.
All expenditure proposals must receive committee approval.
Donations must be properly receipted and entered in the accounts, while expenditures must be backed by vouchers and accounting entries.
Financial records, including receipt books, bank statements and account books, must remain available for inspection.
The existing administration will continue in other respects, but all revenues, donations and expenditure will remain subject to financial supervision.
The court clarified that its observations are purely interim and will not prejudice the final adjudication of the suit.
