Fresh summons to Abdullah Bukhari Shahi Imam

On Tue, 24 Apr 2007 06:06:30 +0530 =============================================================

Source: The Hindu
(http://www.hinduonnet.com//2000/08/06/stories/1406218a.htm)
Fresh summons to Shahi Imam
By Our Staff Reporter
NEW DELHI, AUG. 5. A Delhi court today issued fresh summons to Syed Abdullah Bukhari, the Shahi Imam of the historic Jama Masjid here, who is an accused in a four-year-old case of unauthorised construction outside the mosque. The Metropolitan Magistrate (MM), Mr. M.S. Rohilla, of Tis Hazari courts issued fresh summons to the Imam after the Jama Masjid police returned unserved the earlier summons issued to him in May. The MM directed Abdullah Bukhari to appear before the court on November 4. The allegation against Syed Abdulla Bukhari is that he got constructed a ``Wazu Khana'' (holy pond) on a Delhi Development Authority (DDA) land marked as green area outside the mosque. Though the DDA later demolished the structure, it did not withdraw the prosecution proceeding against the Shahi Imam. Though, with the timely intervention by the authorities and probably under the court orders the construction was demolished, it would not amount to an end of the matter as Section 11 of the Public Premises (Eviction of Unauthorised Occupants) Act contemplates for a penal offence, the MM said. After investigation, the Jama Masjid police had urged the court to close the case as untraced submitting that nobody was ready to stand witness against him. But the MM rejected the closure report and ordered issuance of summons under Section 11 of the Public Premises (Eviction of Unauthorised Occupants) Act. The MM said that the offence, punishable under Section 11 of the Act, was not one for which any direct evidence might be required. The offence being of a technical nature may be proved by circumstances of various aspects, he said. ``I do not accept the recommendation of the final report to send the case untraced. Instead, I take cognisance of the offence under Section 11 of the Act and direct Syed Abdulla Bukhari, Shahi Imam of the Jama Masjid, to appear before the court as an accused in this case,'' the MM said. However, he clarified that it would be too premature to go deep into the matter and find out what legally acceptable evidence had been collected or whether the evidence collected so far would be sufficient to be admitted or would warrant conviction. ``Suffice it to say that the material on record does not suggest that no case is made out against the named offender," the MM said. Referring to the final report for closing the case, the MM said that it might be noted with significance that the Investigating Officer in his report said that nobody was found who could have spoken against the Shahi Imam and, therefore, the case was not made out. ``Having considered the final report as well as the other materials on record, I find that the request made by the SHO to send the case untraced cannot be acceded to,'' the MM said.
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