Issues

The report of the Administration of Mysore 1926-27 clearly states: “the Dargah on the Baba Budan hills endowed with extensive lands and annual cash grant of Rs.1800 is another important Mohammedan institution”


Hazrath Dada Hayath Khalander, was the earliest to arrive in India to preach Islam in India (1005A.D) and was in a cave near Chickmagalore, later inhabited by Hazarath Baba Budan, who is well known to have brought seven Arabica coffee seeds to India. Coffee plantations are credited to this saint.


In an endorsement dated 18th January 1901, it says: “the Dargah put up a similar demand in 1800,” which goes to say that the Dargah was in existence in 1800.


As per government records dated 28th April 1884, the name of the village given as inam was Dattaripit and the Dargah Dattaripit Dargah and the person to name it so was Colonel Cambel, the then superintendent who was appointed to settle claims between the two communities- Hindus and Muslims, who said that a new village to be called Dattaprit be given to the Dargah, and Mahal to the Bisangi Matt of the Hindus.


This case went on from 1891 to 12th September 1901. Colonel Cambel significantly said while preparing the map of the Dargah: “that the map can be altered to suit any settlement of the dispute which may come to be”.


As predicted by the survey commissioner and the ingenious twist to history of this Dargah, today Muslims cannot pray at the Mosque which has Persian inscriptions and is reported in the University of Mysore annual report of the Mysore Archeological Department dated 1932.


The miracles observed by the local Hindus drew them to the Dargah, and the Maharaja of Mysore who had no heir to his throne got blessed here, who reverentially called “Dattaraya Baba Budan” and gave the title of “Guru” to the Sajjade of Dargah as had the British, who gave the title of Khan Bahadur to the Sajada, exempting him from appearances from court, and with arms licence. There is not much to write about the Dargah as the only subject matter was supervision of the Dargah which was done by the Muzrai department, which apart from this major Mohammedan institution had 300 others under its control.


The Karnataka State Wakf Board notified the Dargah to be a Wakf property on 14-10-1964 and recognised Ghouse Mohinuddin as Mutavalli, ignoring the Sajjada of that time.


Two Hindus filed a suit at Chickmagalore to declare the notification of Guru Dattatreya Swami Baba Budan by Wakf Board, as illegal and to give administrative control to Muzrai department, to recognise Sajjad to be the manager, and made a plea that the institution was held in high esteem both by Hindus and Muslims, so it must be with the Muzrai department.


The Wakf Board officials who are dependent on government for salaries did everything that was necessary to lose the case, they did not reply to notices issued and did not appear in court, inspite of taking time to do..


The Muzrai Department and the DC who already had declared their prejudice in their letter even before the case was filed were the other three defendants, the fourth defendant was Sajjada, who also selected the side of greener pastures of the plaintiff as he was recognised by them to be as “Sajjade”.


I can summarize the whole case in simple terms… two football teams, one side with two men of plaintiff, the other side with four men of defendants. The Wakf Board who was the goal keeper does not appear at all. The Muzrai Department and DC who had declared their prejudice to Wakf Board managing the Dargah got the opportunity. So now the only defendant was Sajjade who also opted for the Muzrai Department as he was recognised by Muzrai Department as “Sajjada”. So all six men could score as many goals as they wanted, as goal keeper Wakf Board did not appear.


To finish the obsequies of the dargah, the Wakf Board, instead of defending it to be a property with an ancient mosque and dargah, pleaded before the high court filing an appeal against the district court order, that they were not given notice as required by the Act.


Having been served with notice in district court and taking time from the district court to file their written statement and to say they were not given notice was upright silly. The High Court dismissed the plea, further appeal in Supreme Court had absolutely no grounds. Thus the Muslim community has been deprived of one of its most revered mosque and dargah by Wakf Board in connivance with other government departments.


Ruler of Mysore, Tipu Sultan had sent a care-taker for the dargah in 1225 hijri. A Persian Inscription in 1925 says there is a mosque, the imperial gazetteer 1907, credits Baba Budan to have brought coffee seeds to India from Mecca about two centuries ago. So, ignoring historical facts which prove it to be a dargah, picking out only later parts of gazette information suitable to it, with no one to defend the courts could do very little.


The plaintiff’s most emphas-ized quotation from later gazette notification, which was often quoted by the judges was that “it is a religious institution belonging to both the Hindus and Mohammedans and resorted to by a large number of pilgrims from all over India” and “held in high esteem by Hindus and Mohammedans alike”.


If both the communities had equal rights and if it cannot be under the control of Wakf Board, how it can be under the control of Muzrai, which had only temples to manage? I cannot reason this line of argument if it be so that if a place is held in high esteem by both the communities be under control of Muzrai, then shall we hand over Hazarath Khaja Ajmeer-e-Shariff and hundreds of other dargahs to the other community as they are held in high esteem! What has been quoted from Muzrai Manual is in total contrast to the report of the Administration of Mysore 1926-27 which states, “the Dargah on the Baba Budan hills endowed with extensive lands and annual cash grant of Rs.1800 is another important Mohammedan institution resorted to by many pilgrims for attending the “Urus” held in the month of April. So there was no name of Dattariyapeeta “Guru” nor “Swamy” mentioned. These are later dated connotations which were liabilities attached to grants made by the Maharaja for bestowing vast lands to the Dargah as inam.


The Tahsildar in his report dated 30-01-01 has stated: “And as present, no more land in the name of the institution” and this came about as per application of Inams Abolishment Act. So whatever conditions of grant for the inam have come to an end.


And I do feel if the Muslim community takes the responsibility of projecting facts and history, justice will be restored.


(The writer can be reached at noormohamed1946@gmail.com)