Supreme Court Upholds Sajjadah Nashin Nomination in Rajasthan Dargah Dispute

The case of Peer Gulam Jilani vs. Peer Gulam Naseer & Ors. is a significant ruling concerning the succession of Sajjadah Nashin and Mutawalli in a prominent Dargah in Rajasthan. The Supreme Court upheld the nomination of Peer Gulam Naseer as the Sajjadah Nashin and Mutawalli of the Dargah, dismissing the appeals filed by Peer Gulam Jilani.

The dispute arose over the rightful succession to the position of Sajjadah Nashin after the demise of the fourth Sajjadah Nashin, Nurul Hasan. The appellant, Peer Gulam Jilani, contested the nomination of Peer Gulam Naseer, arguing that he was not a direct descendant of the founder of the Dargah and was therefore ineligible. The trial court, first appellate court, and the Rajasthan High Court all ruled against the appellant. The Supreme Court upheld these rulings, reinforcing the principle that the nomination of a Sajjadah Nashin must be determined as per the constitution (Zabta) of the Dargah.

Background of the Case

The key events leading to the dispute were:

• The Dargah in Fatehpur, Rajasthan, was established by Khwaja Haji Muhammed Najmuddeen Sahib in 1838.
• During his lifetime, he nominated his son, Maulana Naseeruddeen Sahib, as his successor.
• Subsequent successions followed this practice, with each Sajjadah Nashin nominating a successor.
• Nurul Hasan, the fourth Sajjadah Nashin, nominated his grandson (daughter’s son), Peer Gulam Naseer, as his successor through a registered will in 1979.
• After Nurul Hasan’s demise in 1982, disputes arose regarding the validity of this nomination.
• The appellant, Peer Gulam Jilani, challenged the nomination, claiming that only a male descendant through the male lineage was eligible.
• Multiple suits were filed in the lower courts, which upheld the nomination of Peer Gulam Naseer.
• The Rajasthan High Court dismissed the appellant’s second appeal on July 5, 2012.
• The appellant then approached the Supreme Court.

Petitioner’s Arguments

The appellant, Peer Gulam Jilani, through legal counsel, raised the following arguments:

• The rules of the Dargah’s constitution (Zabta) require that the Sajjadah Nashin must be a direct descendant of the founder.
• Since Peer Gulam Naseer was the grandson (daughter’s son) of the fourth Sajjadah Nashin, he was ineligible.
• The appellant, being the brother of Nurul Hasan, was the rightful successor as per hereditary principles.
• The term ‘Khandan’ (family) used in the Zabta referred strictly to direct male descendants.
• The courts erred in interpreting the Zabta to include persons from the maternal lineage.

Respondent’s Arguments

The respondent, Peer Gulam Naseer, countered with the following arguments:

• The term ‘Khandan’ in the Zabta does not restrict succession to direct male descendants.
• The word ‘Silsila’ (spiritual sect) in the Zabta indicates that eligibility extends beyond immediate lineage.
• The appellant’s interpretation of ‘Khandan’ was narrow and incorrect.
• The nomination of Sajjadah Nashin is a spiritual decision and not merely hereditary.
• All previous courts had upheld the nomination based on valid evidence.

Supreme Court’s Observations

The Supreme Court bench, comprising Ashok Bhushan and Navin Sinha, made the following key observations:

• The Zabta does not limit succession to direct male descendants of the founder.
• The term ‘Khandan’ refers to a broader spiritual lineage, not just hereditary lineage.
• The nomination by the previous Sajjadah Nashin carries significant weight and cannot be overturned without strong reasons.
• The courts correctly interpreted the word ‘Sagir Sinn’ in the Zabta, which means ‘minor age,’ not ‘minor son.’
• The appellant failed to provide evidence to invalidate the nomination of Peer Gulam Naseer.

Critical Judgment Excerpt: “The word ‘Khandan’ as used in the Zabta refers to the spiritual sect and not merely hereditary lineage. The nomination of the respondent as Sajjadah Nashin and Mutawalli is in accordance with established practices of the Dargah.”

Final Decision

The Supreme Court ruled as follows:

• The appeals filed by Peer Gulam Jilani were dismissed.
• The nomination of Peer Gulam Naseer as the Sajjadah Nashin and Mutawalli was upheld.
• The interpretation of the Zabta provided by the lower courts was correct.
• The trial court’s decision granting permanent injunction against the appellant was affirmed.

Implications of the Judgment

This ruling has significant implications for religious and hereditary leadership disputes:

• Clarifies that religious institutions may have broader succession rules beyond strict hereditary lineage.
• Reaffirms the authority of spiritual leaders to nominate successors.
• Prevents legal disputes from disrupting religious and spiritual traditions.
• Ensures that courts interpret religious texts and constitutions with a broader perspective.

Legal Precedents and Framework

The Supreme Court’s ruling aligns with key legal principles governing religious and hereditary leadership disputes:

• Syed Mohd. Salie Labbai vs. Mohd. Hanifa (1976) – Clarified that succession in religious institutions must align with established customs.
• Shayara Bano vs. Union of India (2017) – Highlighted the role of constitutional principles in religious practices.
• Aga Khan Case (1899) – Addressed succession disputes within religious sects.

Conclusion

The Supreme Court’s decision in Peer Gulam Jilani vs. Peer Gulam Naseer reinforces the importance of following established succession norms in religious institutions. By upholding the nomination of Peer Gulam Naseer, the Court ensured continuity in the Dargah’s leadership and prevented unnecessary legal disputes from affecting religious practices. This judgment sets a strong precedent for similar cases concerning hereditary and spiritual leadership.

Petitioner Name: Peer Gulam Jilani.
Respondent Name: Peer Gulam Naseer & Ors..
Judgment By: Justice Ashok Bhushan, Justice Navin Sinha.
Place Of Incident: Fatehpur, Rajasthan.
Judgment Date: 24-07-2019.

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