Legal Briefs | Telangana HC seeks action against Qazi for child marriages

Hyderabad: Justice Surepalli Nanda of the Telangana High Court has directed the principal secretary of the minority welfare department to take appropriate legal action against Qazi Mohammad Zaheeruddin, who is accused of performing marriages between young girls and older Arab sheikhs. This directive comes in response to a writ petition filed by Ahmed Shujauddin Quadri, a government-appointed Qazi serving in the Jahanuma Zone (Ghazibanda). Quadri challenged the authorities' failure to act on a report submitted by the Assistant Commissioner of Police in July 2021, which allegedly detailed misconduct by Zaheeruddin.

According to Quadri, since his appointment in 2008, Zaheeruddin, who serves as the Additional Qazi of Qila Mohammednagar, appointed several Naib Qazis (assistant qazis) to assist in conducting Muslim marriages. Quadri alleged that Zaheeruddin and his Naib Qazis were involved in performing illegal marriages between young Muslim girls and older Arab sheikhs. Multiple First Information Reports (FIRs) were filed against the Naib Qazis for facilitating child marriages.

Despite being suspended in 2017 for similar offenses, Zaheeruddin allegedly continued these activities. Three additional FIRs were registered against him for performing child marriages after his suspension. Quadri expressed frustration over the lack of action taken against Zaheeruddin, leading him to approach the High Court once again.

In an earlier proceeding, the High Court had directed the assistant commissioner of police to investigate the matter based on Quadri's representation. The resulting report was submitted to the commissioner of police and subsequently forwarded to the principal secretary of the minority welfare department. However, Quadri alleged that no action was taken after the submission of the report, prompting the latest court intervention.

In his defence, Zaheeruddin argued that no complaints were made against him by any victims or their families, suggesting that the allegations were motivated by personal vendetta. He claimed that a boundary dispute over their respective jurisdictions as qazis had led to animosity between him and Quadri. Zaheeruddin contended that Quadri had been filing false and frivolous complaints against him as a form of revenge.

He also pointed out that he had filed a separate writ petition challenging his suspension by the State Minorities Welfare Department through a Government Order dated September 25, 2017. Zaheeruddin asserted that his suspension was carried out without giving him an opportunity to present his side, violating principles of natural justice. Furthermore, he stated that no charges had been formally filed against him, as investigations were still ongoing and police had yet to file charge sheets in the said crimes.

After reviewing submissions from both parties, Justice Nanda observed that the respondent department's response included details of several cases registered against Zaheeruddin and his Naib Qazis. Taking into account all allegations and the report from the assistant commissioner of police, the judge directed the minority welfare department to initiate appropriate action against Zaheeruddin under Section 2 of the Khazi Act, 1880.

HC orders release of SI detained in Nashik

The Telangana High Court ordered immediate release of Sadam Krishna, sub-inspector, detained under the guise of registering an FIR by Mumbai Naka police station at Nashik with regard to a custodial death. Justice B. Vijaysen Reddy was dealing with a writ petition filed by N. Gopi Krishna, the brother of the detainee. Y. Soma Srinath Reddy, counsel for the petitioner, argued that the deceased, Vijay Budhu Dirari, was a criminal involved in approximately 27 cases including one registered at Shamshabad police station. The petitioner would contend that the detainee was acting within his official duties and travelled to Nashik, Maharashtra, to execute the arrest in a case registered by the Shamshabad police station. The Station House Officer at Pachavati Police Station in Nashik was duly notified before and after the arrest. However, while the deceased was being brought to Hyderabad, in transit, he allegedly committed suicide at a guest house. Following the incident, Mumbainaka police station in Nashik started an inquiry under provisions Criminal Procedure Code 1973 to investigate the circumstances of the death. The inquiry, conducted by the additional superintendent of police, state CID Nashik, reportedly concluded that the death of the deceased occurred while in police custody. Consequently, a case was registered, and charges were altered among other things to include abetment of suicide. Counsel for the petitioner contended that the prosecution under Section 306 IPC was unsustainable due to the protection provided under Section 197 CrPC, which shields public officials acting in their official capacity. The judge prima facie found that the charges under Section 306 IPC to be unsustainable and directed the commissioner of police, Nashik Commissionerate, and others to forthwith release the sub-inspector. However, the judge required that the detainee shall report to the Station House Officer, Bachupally police station, every alternate day between 9 am and 10 am until further orders. The matter will now be heard on December 9.

ZPHS headmaster not to dismiss cooks

Justice T. Vinod Kumar of Telangana High Court passed an interim order preventing the headmaster of Zilla Parishad High School (ZPHS) for boys in Nagarkurnool, from terminating the services of workers responsible for preparing mid-day meals, without adhering to due process. This interim order came in response to a writ plea filed by Kubra Fatima and seven others, who are cooks and helpers in the school. The petitioners allege that the school authorities abruptly and unjustly terminated their employment and contended that they were providing mid-day meal services at the school for over 10 years. The case of the petitioners is that on November 11, 2024, the school headmaster instructed them to discontinue their services without any formal notice, inquiry, or explanation. The petitioners argued that this action violated principles of natural justice and contravened guidelines established in a GO dated November 25, 2002, which regulate employment practices for mid-day meal workers. In response, the Government Pleader appearing for the respondent authorities contended that Fatima, one of the petitioners, previously submitted a letter on June 14, 2024, requesting to step down from her duties, and presented a copy of this letter to the court. However, the petitioners disputed this claim, contending that no formal notice or termination order was ever issued. After hearing the parties, the judge passed an interim direction prohibiting the school authorities from terminating the remaining cooks and helpers without following proper procedures. The judge also directed the respondent authorities to file their responses.