Srinagar: A court in Srinagar has ordered founder trustees of Imam Hussain (AS) hospital to take control of the medical facility at Bemina Srinagar, underling that they have every right to manage its affairs.
This is seen as a major setback to PC leader Imran Ansari led group which had taken over control of the hospital few years back throwing out founder trustees.
Sub Judge Forest Magistrate Court vacated its April 4 2018 order against the trustees and directed them to “take control back”, advocate Baber Qadri, who was representing the trustees said.
“There is no doubt that some of the applicants and inhabitants of Bemina donated their land for the establishment of the Trust but neither applicants nor the inhabitants who donated the land can question functioning of the Trust by its trustees,” the court said in an order while disposing of an application against the trustees.
The court said that while the applicants claim running the management of the Trust and also operation of its bank accounts “but they have failed to explain as to in what capacity they are doing so.”
The court also held that no new Trust with regard to the same Trust can be created unless the earlier one gets extinguished according to the section 77 and 78 of the Trust Act 1977. The court’s observation followed submission by counsel for non-applicants that another trust deed with regard to the same Trust has been got executed and registered with the Sub Registrar Budgam.
“The Imam Hussain foundation is a charitable Trust and non-applicants (5 in all) are its trustees. They have at no point of time been disqualified or removed from the trusteeship and they have every right to manage and control the affairs of the Trust,” the court said, adding, “The applicants have no right to call into question their trusteeship unless they are removed according to the procedure laid down in the Trust deed itself. The applicants have therefore failed to make out a prima facie case for making the order dated 4.4.2018 absolute and balance of convenience lies in favour of the non-applicants.”
The court also said that no irreparable loss shall be caused to the applicants and “it is the trustees who shall be divested of their duties in case of a stay order) is made absolute”.
“Therefore what has been succinctly stated herein above, (stay) order passed by this court is vacated,” the court said.
Earlier last year a Srinagar court had issued a stay order on the general council session called by Shia leader .
Trustees in a statement had said that under the pretext of a general council session, the Agha and Imran had invited their own followers to the meeting to pave the way for establishing their personal control over the Imam Hussain hospital.