The Delhi High Court said it may stay the CAG audit of Ajmer Sharif Dargah as audit terms were not served. Final decision to come after May 7 hearing.
New Delhi: The Delhi High Court said on Monday that it is thinking about stopping the audit of Ajmer Sharif Dargah by the Comptroller and Auditor General (CAG) for now. Justice Sachin Datta observed that the Dargah’s management committee had not been given the official terms of the audit yet.
While hearing the matter, Justice Datta said,
“I am inclined to stay the audit… His [Dargah counsel] point is very clear. He says he has the right to make a representation, but that occasion has not arisen because you [CAG] have not served the terms of the audit… You better hold your hands,”.
The Delhi High Court decided to keep the case for further hearing on May 7, after the lawyer for the CAG asked for more time to take instructions from the authorities.
This observation came while the Court was listening to a petition filed by the Dargah of Khwaja Moinuddin Chishti located in Ajmer. The Dargah had filed the plea to challenge the CAG’s decision to audit its records.
The lawyer appearing for the Dargah told the Court that as per several news reports, President Droupadi Murmu had already approved the audit. It was also shared that a team of two CAG officials has been assigned to carry out the audit work.
The Dargah’s lawyer strongly argued that as per Section 20 of The Comptroller and Auditor-General’s (Duties, Powers And Conditions Of Service) Act, 1971, the CAG is supposed to first serve the terms of the audit to the Dargah management.
Only after that, the Dargah has the right to make a representation to either agree or oppose the audit. The lawyer stressed that this important step had not been followed by the CAG.
The lawyer said that the Dargah had not yet been given any terms of audit and hence could not exercise its legal right to make a representation against it.
According to news reports, the CAG had decided to audit the two important Anjumans (associations) of Khadims. The Khadims are the traditional caretakers and hereditary custodians of the Ajmer Sharif Dargah, and they manage its daily work. The audit would cover the financial records of the past five years.
It was also reported that the audit move came after allegations were made that there was misuse of funds. These funds included donations coming from foreign sources as well as money given by pilgrims during ziyarat (which refers to the pilgrimage to religious places associated with Islamic figures).
Thus, the Delhi High Court has currently shown an intention to stay the audit till the proper legal procedures are followed. However, a final decision will be taken after the next hearing scheduled on May 7.
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