minal Appeal No 830 of 1985
From the Judgment and Order dated 30785 of the Allahabad High Court in Crl
Revision No 1937 of 1983
MS Gujral AK Srivastava and Serva Mitter for the Appellant
RC Verma and AS Punditfor the Respondent
The appellant was convicted under Sections 120 B 419 420 468 and 471 of the Penal Code
lie was sentenced to undergo rigorous imprisonments for different periods under the aforesaid Sections
The appeal filed on behalf of the appellant was dismissed by the learned additional Sessions Judge Ghaziabad
The High Court on revision application being filed on behalf of the appellant set aside his conviction under Section 120 B but the conviction and sentence under other Sections mentioned above passed by the trial Court were affirmed
According to the prosecution case the appellant established a firm by the name of Seemak Industrial Corporation at Ghaziabad
The account in the bank was opened in the name of one Vijai Kumar and the aforesaid Industrial Corporation was registered in the Sales Tax Department
The appellant applied for loan before the UP Small Industries Corporation and got a sum of Rs 3935250 in the name of Seemak Industrial Corporation
Later it was discovered that the aforesaid Seemak Industrial Corporation was a fake concern and the appellant had cheated even the UP Small Industries Corporation in respect of the amount advanced by them
The Trial Court the Appellate Court as well as the High Court have gone into details of the materials on record for purpose of holding that the charges framed against the appellant had been established and as such there was no occasion to interfere with the conviction and sentence passed against him
So far the present appeal is concerned leave was granted as early as in the year 1985 by this Court but it has been listed for hearing after about 8 years
The learned Counsel
appearing for the appellant after some arguments on merit confined his submissions to the question of sentence only
lie pointed out that offences aforesaid had been committed by the appellant as early as in the year 1973 more than 20 years from now and as such a compassionate view should be taken of the whole matter especially when the amount in respect of which the offences are alleged to have been committed is not excessive
He pointed out that the appellant has remained in jail for some time in pursuance of the order of conviction and sentence and as such he need not be sent to jail again
An affidavit detailing the mitigating circumstances has also been filed by the appellant before us
Taking all facts and circumstances into consideration by our order dated 26th April 1993 we directed the appellant to first deposit an amount of Rs 40000 the loan amount with the UP Small Industries Corporation Ltd Pursuant to that order Rs 40000 has been deposited with the UP Small Industries Corporation Ltd on 4 5 1993 and original receipt granted by the Manager of the said Corporation was produced before us
The zerox copy of the said original receipt has been kept on record and the original returned to the learned counsel for the appellant
An affidavit has also been filed on behalf of the appellant stating about 902 the aforesaid deposit
In the peculiar facts and circumstances of the case while maintaining the conviction of the appellant we reduce the sentence of imprisonment under different Sections mentioned above to the period already undergone by him
The appellant shall however pay a fine of Rs 2000 and in default of payment thereof he shall undergo rigorous imprisonment for a period of one month
The appeal is allowed in part
The deposit of Rs 40000 made by the appellant with the UP Small Industries Corporation Ltd shall be adjusted towards the amount advanced by the said Corporation to the appellant
The Corporation shall of course be at liberty to take steps for realisation of any further sum
which may be due
against the appellant
UR Appeal partly allowed


Summary:
A petition was filed in this court by Imams for enforcing their fundamental right against exploitation by Wakf Boards
Their claim was based on the glaring disparity between the nature of work and the amount of remuneration
The petitioners sought a direction to the Central and State Wakf Boards to pay them basic wages
A higher pay scale was claimed for degree holders
The Union of India and various State Wakf Boards disputed the manner of their appointment their right to receive any payment and absence of any relationship of master and servant
It was variously contended that they were appointed by Mutwallis or in some cases by the people of the locality where the mosques were situated and not by the Wakf Boards that under Islamic religious practice it is voluntary service and there is no entitlement to emoluments that a certificate from a registered institution is not a necessary requirement for leading in prayer
It was further contended that the Wakf Boards faced financial difficulties
The Punjab Wakf Board stated that Imams of mosques in Punjab Haryana and Himachal Pradesh were paid on the basis of their qualification
A pay scale was indicated and the Imams were paid regularly and treated as regular employees
Allowing the petition this Court HELD1 By Section 15 of the  the Wakf Board is vested not only with supervisory and administrative powers over the Wakfs but even the financial power vests in it
One of the primary duties is to ensure that the income from the Wakf is spent on carrying out the purposes for which the 743 Wakf was created
Mosques are Wakfs and are required to be registered under the Act over which the Board exercises control
Purpose of their creation is community worship
The principal functionary to undertake it is the Imam
It is the responsibility of the Wakf Board to ensure proper maintenance of religious service in a mosque
To say therefore that the Board has no control over the mosque or Imam is not correct
747 G H 748A 2 In a series of decisions rendered by this Court it has been held that right to life enshrined in Article 21 means right to live with human dignity
It is too late in the day to urge that since Imams perform religious duties they are not entitled to emoluments
748 E 3 Financial difficulties of the institution cannot be above fundamental right of a citizen
If the Boards have been entrusted with the responsibility of supervising and administering the Wakf then it is their duty to harness resources to pay those persons who perform the most important duty namely of leading community prayer in a mosque the very purpose for which it is created
748 H 4 The Union of India and the Central Wakf Board are to prepare a scheme within a period of six months in respect of different types of mosques 7497 H The scheme shall take guidance from the scale of pay prevalent in the State Punjab and Haryana
749 D Mosques under control of the government will not he governed by this order except if their Imams are not paid any remuneration and have no independent means of income
The Government may then fix their emoluments on the basis as the Central Wakf Board may do for other mosques
749 C The State Boards shall ascertain the income of each mosque and the number and nature of Imams required full time or part time and their payment is directed
749 E The scheme shall take account of mosques which are small or in the rural area or which have no source of income and find 744 ways to raise income
749 G The order for payment to Imams shall come into operation from 1 December 1993
Every State Board shall implement the scheme
749 H 750 A