The Wakf Tribunal here on January 25 directed the counsels for the Aga Khan Trust for Culture (AKTC) and Mohammed Jaferuddin to discuss and form a proposal to find suitable names for the High Powered Supervisory Committee to oversee the ongoing works at the Qutub Shahi Tombs.
Justice Bande Ali, Chairman of the Wakf Tribunal, orally passed the order after the AKTC’s counsel Shafeeq Mohajir argued that there is no reason for two lawyers to be on the committee, as they lack expertise on architectural conservation.
In his argument, which lasted for over two hours, Mr. Mohajir pointed out that it would be better to have experts on the committee, like the AKTC’s CEO Ratish Nanda, under whose supervision works are going on at the site currently. In a previous order, the tribunal had ordered for the committee to be constituted which would include counsel for both sides; in this case Jaferuddin’s counsel Mohammed Ilyas, and the counsel for the Department of Archaeology.
The case was filed in 2007 by Jaferuddin at the tribunal, seeking to declare the agreement dated May 16, 1977 between Mukarram Jah and the then Governor of Andhra Pradesh, giving custody of the Qutub Shahi Tombs to the State government as illegal, null and void.
Mr. Jaferuddin also asked the tribunal to re-deliver the management of the site to the A. P. Minority Welfare Department, A. P. Wakf Board or any other private agency comprising any prominent person from Hyderabad having knowledge of Wakf. In this case, the defendants are the State of A. P., Government of A. P. Minority Welfare, Quli Qutub Shah Urban Development Authority, Archaeology Department, the secretary Awqaf committee, representing the Nizam and the State Wakf Board.
Mr. Jaferuddin prayed to the tribunal to declare that all acts of construction in the tombs as illegal. The AKTC, which signed an MoU with the Archaeology Department in January 2013, impleaded itself in the case later and has become the seventh defendant, as it is the agency now carrying out works at the site.
Mr. Ilyas, raised the question of the work, whether it is being done in accordance with the law, and prayed that the MoU be suspended, and that a new one be formed. In response, counsel Mohajir showed over 2,000 pictures taken before the work had begun, and stated that every single step of the conservation works are being recorded, and that everything is being done in accordance with the MoU.
Mr. Mohajir also argued that the statements of Mr. Ilyas are contradictory, as on one hand he says that the agreement of 1977 be declared illegal, but on the other hand, wants a new MoU to be made. After he questioned the need to have two people who lack technical knowledge on the High Powered committee, the judge asked them to discuss and form a proposal at the next hearing.
It is better to have experts on the committee instead of lawyers: AKTC’s counsel
