Central Information Commission: In the second appeal filed by the appellant under section 19 of the Right to Information Act, 2005 (‘Act’) on the ground of incomplete information furnished by the Chief Public Information Officer (‘CPIO’), the Information Commissioner, Uday Mahurkar has directed the CPIO, Delhi Wakf Board (‘DWB’) and Chief Minister (‘CM’) Office, to provide relevant information regarding the honorariums/salaries being paid to Imams and others in mosques which are under as well as outside the purview of the DWB.
In the case, the appellant had sought information on the following grounds:
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Complete and detailed information together on the decision taken to pay salaries/honorarium/monetary benefits in any other form by Delhi Government only to Imams and others in mosques of Delhi.
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Total number of mosques in Delhi mentioning number of mosques where salaries/honorarium/monetary benefit in any other form are being provided by Delhi Government to Imams and others.
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Total amount of salaries/honorarium/monetary benefits in any other form being paid to each of the Imam and some other in mosques in Delhi.
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Year-wise spent on salaries/honorarium/monetary benefits in any other form to Imams and others, in mosques of Delhi, ever since such salaries/honorarium/monetary benefits in any other form are being provided, mentioning the day from which such salaries/ honorarium /monetary benefits in any other form are being paid.
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Competent authority in Delhi Government for providing salaries/honorarium/monetary benefits in any other form to Imams and others in Delhi mosques.
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Is there any information on record whereby such salaries/ honorarium/monetary benefits in any other form will be provided by Delhi Government to priests of (a) temples of all other minority religions (b) Hindu temples.
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If not to (b), provide complete information on steps taken to provide salaries/honorarium/monetary benefits in any other form by Delhi Government to priests of (a) temples of all other minority religions (b) Hindu temples.
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Total number of (a) Gurudwara (b) Churches (c)(Temples) of other minority religions
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Total number of Hindu temples in Delhi
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Competent authority to approve for providing salaries/honorarium/monetary benefits in any other form by Delhi Government to priest and others (a) temples of all other minority religions (b) Hindu temples.
The Commission noted that being dissatisfied with the incomplete information with a delay of approximately nine months being furnished by the respondent, the appellant filed the second appeal seeking information in reference to a Zee news-report wherein it was stated that the Delhi CM declared that the salaries to Imams and others in mosques under and outside the purview of the DWB will be increased from rupees 10,000 to rupees 18,000 per month for Imams and from rupees 9000 to rupees 16,000 for helpers.
The Commission observed that the DWB attempted to hide the information in the first instance by a play of words which showed lack of transparency which affects the provisions of the Constitution of India and uniform applicability of laws for all the religions equally.
Referring to the case of All Indian Imam Organisation v. Union of India, (1993) 3 SCC 584 by the division bench of K. Ramaswamy,J and R.M. Sahai, J., the Commission observed that “the highest Court of the country in passing this order acted in violation of the provisions of the Constitution, particularly Article 27, which says that the tax payer’s money will not be used to favour any particular religion. The said judgment set a wrong precedent in the country and has become a point of unnecessary political slugfest and also, social disharmony in the society”
The Commission further said that “It is necessary to go into the history when it comes to giving special religious benefits to Muslim community by the State(…). It is necessary to note here that it was the policy of giving special benefits to Muslim community before 1947 that played a key role in encouraging pan-Islamic and fissiparous tendencies in a section of Muslims ultimately leading to the nation’s partition. Giving salaries to Imams and others only in mosques, amounts to not just betraying the Hindu community and members of other non-Muslim Minority religions but also encouraging pan-Islamist tendencies amongst a section of Indian Muslims which are already visible.”
The Commission further took note of the fact that monthly honorarium being given to the Imams and others by the Delhi Government was virtually paid using the tax payer’s money. If the religious minorities have the right to protection, the majority community too has a right to protection in a multi religious country, in the interest of unity of the nation and enforcement of Article 25 to 28 of the Constitution of India.
Thus, the Commission directed the CPIO to re-examine the matter and furnish correct and complete information as per the provision of the RTI Act, 2005. Also, directed CM office to furnish complete information with all related documents on honorariums being paid to Imams and others in mosques of Delhi which are not in the domain of Delhi Waqf Board under section 5(4) of the RTI Act 2005.
[Subhash Chandra Agrawal v. Chief Public Information Officer, 2022 SCC OnLine CIC 544, decided on 25-11-2022]
