Telangana HC bars third-party rights at Abul Kalam Azad Institute

Hyderabad: The Telangana High Court has ordered the state government not to create “third-party interests” at the Abul Kalam Azad Oriental Research Institute (AKAORI) in Hyderabad, a day after it prevented the Telangana Minorities Welfare Department from taking over the premises, and ordered a status quo noting that the premises was sealed and therefore not open to the public for offering namaz.

The Minorities Welfare Department had issued a memo to take over the premises for the purpose of offering namaz as the Shahi Masjid is adjacent to it. Both the mosque and the research institute are located in the Public Gardens. The AKAORI premises have been leased to the institute by the state government.

After the memo was sent, Telangana Waqf Board officials sealed the institute, following which two writ petitions were filed in the High Court against the move. After first preventing the government from taking over the Abul Kalam Azad Oriental Research Institute on January 27, the High Court then followed it with another order on January 28 against the Minorities Welfare Department, directing it not to create any “third-party rights.”

The institute was represented by senior advocate Mirza Nisar Ahmed Baig, on behalf of the institute president Dr Ashrafunissa Begum. Another individual, Syed Iftekhar Hussaini, had also filed a writ petition challenging the same action of the Minorities Welfare Department.

He obtained a status quo order on January 27 against the Minorities Welfare Department from the Telangana High Court in his petition, where the court also noted that no namaz could be offered in the institute premises as it was sealed, essentially ordering a status quo.

Members planning to file contempt case

“By directing to maintain status quo, the High Court has effectively prevented and stopped the Minorities Welfare Department from taking any action. The Minorities Welfare Department started to take over the possession of Abul Kalam Azad Oriental Research Institution under the guise of their memo dated January 23, which led to the start of a legal battle between the Institute and the government,” stated a release from the institute.

According to people in the know from the institute, there was a scuffle between officials of the government and the institute when it was sealed. The nameplate of the institute was also reportedly removed by officials in spite of the Telangana High Court issuing a status quo on January 27. The members are now planning to file a contempt case citing violation of the court order by the Minorities Welfare Department.

The institute’s land has been on a 99-year lease from the state government since 1959, since when the Abul Kalam Azad Research Institute has been running. The Telangana High Court also, in its order on January 28, mentioned that even if the lease has to be cancelled, procedure has to be followed and that it cannot be done through a memo like the one issued on January 23.