In a historic ruling, the Jammu and Kashmir and Ladakh High Court has ordered the restoration of assets worth Rs 400 crore to the Raghunath Ji Temple in Srinagar. This judgment hailed as a significant victory for the preservation of religious heritage, comes after years of legal battles over the temple’s land, which had been unlawfully occupied.
Verdict Details and Immediate Orders
The High Court, in its ruling, has nullified all fraudulent land transfers and mutations related to the temple’s property. A total of 160 kanals of land, located in Bagat-e-Barzulla (Bulbul Bagh), has been ordered to be restored to the Raghunath Temple. The court has directed the immediate takeover of 140 kanals of this land by the Deputy Commissioner of Srinagar. The land, previously under the illegal occupation of Senior Advocate and former President of the J&K Bar Association, Mian Qayoom, had been used to settle over 25 houses, a self-constructed mosque, and a 15-flat building— all of which are set to be demolished as per the court’s orders.
Court’s Directive on Temple Land Management
The judgment, delivered by Justice Sanjeev Kumar and Justice M.A. Chowdhary, has laid out strict guidelines for the management of the temple and its properties. The Deputy Commissioner of Srinagar has been directed to take immediate control of the temple’s land, either directly or through a committee of officers. The court emphasised that the properties should remain in the name of the temple under the district administration’s management, with any future mutations in the name of a Mahant or his disciple strictly prohibited.
The court has also mandated that the profits generated from these properties should be used exclusively for the maintenance of the temple and other charitable and religious purposes. A separate bank account in the name of the temple will be established, ensuring proper accounting and transparency.
Wider Impact of the Judgment
The High Court’s ruling also extends to other temple properties, including the seizure of another property belonging to Baba Dharam Dass in Bar Bar Shah, Srinagar. This property, comprising 300 kanals of prime land in Srinagar and Budgam, is currently being used by Zahoor Watali, who is under arrest for his alleged involvement in terror funding. Watali is accused of ties with several militant organisations, including Hizb-ul-Mujahideen and Lashkar-e-Taiba.
Background and Legal Battles
The dispute over the Raghunath Temple’s land has a long and complex history. The petitioners, descendants of Mian Mohammad Sultan, a tenant on the temple’s land, had claimed possession of a portion of the land for decades. However, a series of legal battles ensued after the land was claimed by Baba Girdhari Das, the temple’s Mahant, leading to multiple court cases and a compromised settlement in the 1970s.
The controversy deepened after the death of Baba Girdhari Das, when his successor, Major Arjun Das, allegedly executed fraudulent land transactions. The subsequent mutations in favour of Major Arjun Das’s sons were challenged by the Dharmarth Trust, which sought to reclaim the temple’s properties. The High Court’s recent judgment brings an end to this prolonged legal struggle, restoring the temple’s assets and ensuring their protection under government oversight.
Mian Qayoom’s Controversial Involvement
Mian Qayoom, who is currently in custody for his alleged involvement in the murder of Advocate Babar Qadri, had been implicated in the illegal acquisition of the temple land. Qadri, who had openly accused Qayoom of threatening his life, was tragically murdered, drawing significant attention to Qayoom’s activities. The court’s ruling underscores the extent of the illegal occupation, facilitated by corrupt revenue officials and an impostor posing as Mahant Arjun Dass.
Who is Qayoom?
Advocate Mian Abdul Qayoom has long been accused of actively working to disrupt India’s integration with Jammu and Kashmir through unlawful activities.
A senior Jammu and Kashmir government official, speaking to The New Indian, stated, “He has leveraged his position as a lawyer, allegedly with backing from the ISI and Pakistan, to further these efforts, despite holding a bar enrollment under License No. 472/1979, which is suspected to have been obtained through fraudulent means.”
Advocate Mian Abdul Qayoom has weaponised his legal profession in collaboration with terror networks. His ideological roots can be traced back to the radical Jamaat-e-Islami (JeI), an organisation he has been associated with since his college days.
Qayoom played a pivotal role in aligning the High Court Bar Association (HCBA) with the All Parties Hurriyat Conference (APHC), drafting a constitution that explicitly aimed at securing Jammu and Kashmir’s secession from India. Despite practising Indian law, Qayoom made his stance clear in 2010 when he declared in court, “I am not a citizen of India. I am a permanent resident of J&K State. I do not have faith in the Constitution of India as it has been eroded by you.”
A senior intelligence official revealed, “As the head of a legal cell funded by Pakistan’s ISI, Qayoom, along with a group of lawyers, has secured favourable outcomes in cases involving terrorism and secessionism since 1990. This group ensured that government lawyers did not effectively represent the state, often out of fear of retaliation from terrorists linked to Qayoom.”
Qayoom’s influence extended beyond the courtroom. He served as the interim president of Tehreek-e-Hurriyat in 1990, a coalition of 13 secessionist-terrorist groups advocating for Jammu and Kashmir’s separation from India. Between 2008 and 2019, he was instrumental in organising large-scale street protests and announced that the HCBA would provide free legal aid to stone pelters, with these legal costs allegedly funded by Pakistan through various channels.
Over the years, Qayoom has been detained multiple times under the Public Safety Act (PSA) and has been implicated in numerous criminal cases. These include FIR No. 74/2008 under Section 13 of the Unlawful Activities (Prevention) Act (ULA [P]) and 132-B of the Ranbir Penal Code (RPC) at Police Station Kothi Bagh, FIR No. 15/2010 under Sections 505, 153, 121, and 121-A of the RPC at Police Station Maisuma, and FIR No. 81/2010 under Section 2 of the Prevention of Insult to National Honour Act, 1971 at Police Station Shaheed Gunj.
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