HC declares appointment of Sholakia Imam Masud illegal

The High Court has declared the appointment of Maulana Farid Uddin Masud as the chief imam of Sholakia Eidgah ground in Kishoreganj illegal.

Justice Shashank Shekhar Sarkar and Justice AKM Rabiul Hasan, after hearing the writ petition, passed a rule declaring Farid Uddin Masud's appointment illegal on March 4.

The court ruled that the appointment violated the Waqf document and was made in contravention of the law.

The ruling, issued on March 4 and published on the Supreme Court's website on Sunday (April 5), stated that the appointment process of Masud was not in accordance with the provisions of the Waqf deed. According to the court, the writ petitioner, Abul Khair Md Saifullah, had been permanently appointed as the chief imam of Sholakia Eidgah following both the spirit of the Waqf document and official procedure. Therefore, the appointment of Maulana Farid Uddin Masud was deemed illegal.

The Waqf deed, established in 1994, assigned the responsibility of appointing the chief imam to the Motawalli, who was empowered to do so under the Waqf document. The Motawalli's decision was to be approved by the waqf administrator. The Waqf deed, originally established in 1950 by Dewan Mohammad Dad Khan, specified that the eldest son of the trustee would take over the responsibilities of the trustee in subsequent generations. The deed also stated that the imam would be appointed for Eid prayers at the Eidgah, with no external interference.

However, in 2009, the Kishoreganj District Commissioner appointed Maulana Farid Uddin Masud as the imam, a move that went against the stipulations in the Waqf deed. Abul Khair Md Saifullah filed a writ petition challenging this appointment, which ultimately led to the High Court's ruling.

The court’s decision has invalidated the District Commissioner's appointment, reaffirming the importance of adhering to the legal framework outlined in the Waqf document for such appointments.