J&K HC restores Rs 400 crore land to Srinagar temple

SRINAGAR: In a historic judgement, the Jammu and Kashmir High Court has nullified all the suspiciously executed transfer agreements and entries for 160 kanals of land, returning the 400-crore asset to the Raghu Nath Ji temple in Barzullah, Srinagar.

The Jammu and Kashmir High Court has also ordered the immediate government takeover of approximately 140 kanals of temple land in Bagat-e-Barzulla (Bulbul Bagh), unlawfully occupied by a senior advocate and former J&K Bar Association President, Advocate Mian Qayoom.

Arrested recently in connection with Advocate Babar Qadri’s murder, Qayoom had settled his family members in over 25 houses on this land, including a self-constructed mosque and 15 flat apartment buildings, all built on Raghunath Temple land. Advocate Babar Qadri, had publicly stated that his life was in danger because of Advocate Mian Qayoom, on social and electronic media. He was eventually killed.

The illegal occupation, facilitated by corrupt revenue officials and an impostor Major Arjun Singh posing as Mahanat Arjun Dass, saw the land unlawfully mutated to Qayoom’s family members.

A copy of the judgment by Justice Sanjeev Kumar and Justice M.A. Chowdhary, obtained by The New Indian, states, “The Deputy Commissioner, Srinagar, shall take over the management of the temple and its properties immediately. He may manage the temple and its properties directly or through a committee of officers from the revenue and other departments, who will be directly accountable to him.”

The judgment further directs that “henceforth, no mutations shall be attested in the name of any Mahant or his disciple. The properties shall remain in the temple’s name under the management of the District Administration and shall be so recorded in the revenue records.”

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Additionally, the judgment stipulates that “the Deputy Commissioner, or the committee appointed by him, shall ensure that the temple’s properties are put to beneficial use. The profits derived from these properties shall be exclusively used for the maintenance of the temple and other charitable and religious purposes. A bank account in the name of the temple shall be opened, to be operated through the Deputy Commissioner, ensuring that all funds and profits from the temple’s properties are properly accounted for.”

The Jammu & Kashmir High Court also ordered the removal of all illegal structures and directed the District Magistrate to seize another temple property of Baba Dharam Dass in Bar Bar Shah, Srinagar.

This temple property includes 300 kanals of prime land in Srinagar and Budgam, which is currently being used by Zahoor Watali for office purposes. Watali, who is currently incarcerated in connection with a terror funding case, is accused of involvement with groups such as JuD, Dukhtaran-e-Millat, LeT, Hizb-ul-Mujahideen, and other secessionist organizations.

The petitioners’ case was that their grandfather, Mian Mohammad Sultan, held possession of 8 kanals of land under Survey No.55 in Barzulla, Srinagar as a tenant. After he died in 1958, the land passed to their father, Mian Abdul Rahim. In 1960, a revenue court, acting on an application by Baba Girdhari Das, Mahant of Raghu Nath Ji temple, issued an eviction decree against the petitioners’ father and others, which they challenged in higher courts.

Additionally, Baba Girdhari Das filed a suit in the Court of City Munsiff, Srinagar, seeking a mandatory injunction to evict the petitioners’ father. Proceedings under Section 145 Cr.P.C. were also initiated by Baba Girdhari Das, resulting in the land being attached and handed over to Abdul Rehman of Barzulla.

To resolve the dispute, a compromise was reached where the petitioners’ father retained 4 kanals of the land, while the remaining 4 kanals went to Baba Girdhari Das. A compromise decree was issued by the City Munsiff, Srinagar, on 08.12.1970. Following this, 4 kanals of the attached land were returned to the petitioners’ father. After the agreement, Baba Girdhari Das passed away, and his nephew, Major Arjun Das, succeeded him as Mahant of the temple.

On 15.03.1971, a mutation was attested in favour of Major Arjun Das based on a Will by Baba Girdhari Das. The petitioners claim that on 12.04.1973, Major Arjun Das agreed to sell an additional 2 kanal and 10 marlas to their father, bringing their total land possession to 6 kanal and 10 marlas. The petitioners’ father passed away on 04.06.2010, and the land remained in their possession as tenants.

The petitioners further stated that after Major Arjun Das’s death, the temple’s entire land, over 159 kanals, was mutated in favor of his sons, B.K. Sharma and Vijay Sharma, by mutation order No.1058 dated 23.07.1983. This mutation was contested by respondent No.7 and the Dharmarth Trust before the Financial Commissioner (Revenue). On 16.10.2019, the Financial Commissioner rejected the Dharmarth Trust’s claim to the temple properties but nullified the mutation and directed the Deputy Commissioner, Srinagar, to establish a mechanism to manage the temple transparently for the benefit of devotees.

Who is Advocate Mian Abdul Qayoom?

Advocate Mian Abdul Qayoom has been at the forefront of attempts to undermine India’s integration with Jammu and Kashmir by unlawful means.

A senior J&K Government functionary told The New Indian, “ He has used his position as a lawyer, reportedly backed by ISI and Pakistan, to further this cause, despite holding a bar enrollment with License No. 472/1979, which is suspected to have been obtained through fraudulent means.”

As a patriarch, ideologue, and leading activist of the secessionist-terrorist movement in J&K, Qayoom has weaponized his professional role as a lawyer in collaboration with terror networks. His ideological roots trace back to the radical outfit Jamaat-e-Islami (JeI), with which he has been associated since his college days.

Qayoom was instrumental in integrating the High Court Bar Association (HCBA) with the All Parties Hurriyat Conference (APHC), drafting a constitution that included the aim of securing J&K’s secession from India. Despite practising Indian law, Qayoom openly declared in court in 2010 that he does not believe in the Constitution of India, stating, “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 told The New Indian, “As the head of a legal cell funded by Pakistan’s ISI, Qayoom, along with a group of lawyers, 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.”

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Qayoom also served as an interim president of the Tehreek-e-Hurriyat in 1990, a coalition of 13 secessionist-terrorist groups advocating for J&K’s separation from India. He was also involved in organising large-scale street protests between 2008 and 2019. Notably, he 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 under the Public Safety Act (PSA) multiple times and has been implicated in numerous criminal cases. These include FIR No. 74/2008 under Section 13 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.