KARACHI: The Sindh High Court has directed the Auqaf department to revisit shoe-storage service contracts at shrines as visitors cannot be penalised for the purpose of revenue generation especially when thousands of acres are already dedicated and recurring budget allocation reserved for maintenance of such shrines.

The SHC also ordered the secretary of Auqaf to devise a policy regarding facilitation of visitors with or without shoes categorising the places for removal of footwear at holy places, ie mosques.

A two-judge bench comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito noted that the Auqaf department was awarding public contracts for providing services for keeping the shoes of visitors at shrines under its control, but such a practice was not available within the existing laws dealing with the subject matter.

While hearing a petition about culture and heritage, it further observed that a report filed by the Auqaf department lacked details regarding reservation of more than 10,000 acres of agricultural land specifically whether the same was dedicated for the educational purposes or for maintenance of shrines and directed the Auqaf secretary to submit a compliance report with details of accounts and Waqf deed must be registered for the properties which were donated/dedicated by various philanthropists for the intended purpose.

Bench rules decision to remove shoes at shrines should be viewed as voluntary, cultural practice, rather than an obligation

At the outset of hearing, the chief administrator of Auqaf submitted a report about details of the properties under the control of the Auqaf department including agricultural land and commercial properties in compliance with earlier court while senior member of board of revenue had also filed a compliance statement about formation of a committee for the purpose of demarcation and mutation of all heritage properties.

The bench was informed that the committee would ensure demarcation and mutation of all heritage public properties falling within Sindh under the Ancient Monument and Preservation Act, 1904 and the Antiquities Act and Heritage Act, 1994 as per government prescribed policy/procedure and complete the exercise within 60 days.

It directed the senior member of board of revenue to ensure strict compliance with earlier court orders in letter and spirit regarding the demarcation and mutation of public properties falling explicitly within the domain and authority of the such committee.

The SHC also noted that a majority of land/properties belonging to the Auqaf department was not entered in the revenue record of rights and issued directive to ensure that the mutation entries were recorded in its favour and for this purpose they must approach the deputy commissioners concerned.

It deplored that there was no mechanism provided in the relevant scheme of law for the purpose of transparently disposing or deciding the fate of properties of department in question through open auction and rather the powers have been given to district committees to decide their fate while there was also no concept of valuation of lease/tenancy in relevant law and rules.

“Therefore, the rate assessment exercise is pivotal and a condition precedent for all the properties, including the agricultural and commercial properties, through third party is to be carried out. It is further ordered that, from now (from the date of present order) onwards, only open auction proceedings, shall be carried out by advertising, through three widely published (ABC-certified) leading newspapers, enabling the interested persons to participate, in healthy and transparent auction/lease/tenancy process, subsequent to above referred rate assessments through third party, keeping in view firstly the Government/DC rates of the land for levying taxes, secondly market value whichever is higher”, it added.

About shoe-storage service, the bench also said that even otherwise, in Sindh temperatures can soar up to 50 degrees Celsius and walking without shoes can become unbearable and even dangerous due to the scorching hot grounds that cause discomfort or burns on the feet particularly during the summer months.

Instead, the policy of shoes keeping should be formed more selectively, such as in holy places like Masjid or strictly sacred spaces, while being relaxed in places of cultural and literary significance as the teachings of Sufi saints and revolutionary poets, such as Moulana Jalaluddin Rumi and Shah Inayat Shaheed, do not explicitly mandate the establishing shrines and visit shoeless, it added.

The court further observed that it was essential to recognise that the practice of removing shoes at shrines in Sindh was rooted in local and cultural traditions rather than being a direct directive from the teachings of Sufism or influential literary figures.

In reality, the fluidity and inclusiveness inherent in Sufi and revolutionary poetic traditions encourage an open-minded approach, allowing individuals to engage with the sacred in their own authentic ways, without rigid adherence to prescribed conduct or behaviours, it added.

“Therefore, the decision to remove shoes when visiting shrines in Sindh should be viewed as a voluntary, culturally-rooted practice, rather than an obligation stemming from the explicit teachings of Sufi saints or influential poets,” it concluded.

Published in Dawn, September 19th, 2024