This story is from January 23, 2016

Judgement day for Mal Muslims on a wintry night in Ajmer

On a cold, wintry Thursday night when people were seeking comfort inside their homes, the Bade Peer Sahab Dargah, atop Ajmer's Tara Hill, was abuzz with activity.
Judgement day for Mal Muslims on a wintry night in Ajmer
Ajmer: On a cold, wintry Thursday night when people were seeking comfort inside their homes, the Bade Peer Sahab Dargah, atop Ajmer's Tara Hill, was abuzz with activity.
It was not only an occasion of the annual Urs but also 'judgement time' for complaints of Mal Muslim community, who had travelled from the neighbouring state of Madhya Pradesh and Rajasthan, seeking justice.
The community is predominantly found in the Gwalior region but the 'panch' of the community sit here at the Dargah; hold courts and pass judgements as part of the annual Urs celebrations.
One such complainant was 48-year-old Kaba Kha, who took two days to cover the distance from Jhansi to Ajmer. His daughter was married to one Munna Kha in Pratapnagar in Rajasthan, who divorced her without paying the alimony. Both the parties were called for the arbitration at 3am on the intervening night of Thursday and Friday with the decision pronounced in minutes.
The allegation against Munna was read out and he was asked whether he had dishonoured the promise of alimony made during the marriage? "Munna nodded his head and paid the amount of Rs 21,000 immediately," said Ahmed Khan, one of the five Panchs. There were 15 cases heard during the night. "This year, the cases are few; probably because of the severe cold. Over the years, we have started hearings twice or thrice in a year at different places but this one is the most important one,'' he added.
The hearings are held through the night and amidst visitors, the judgement is accepted by one and all. The ritual dates back to 1857; reportedly after the community unanimously decided to boycott the British system and rules. Senior members of the community claim that the decision was taken after several of their members lost their lives in the 1857 mutiny. Every year during the annual Urs of a noted saint Ghause Paak, whose shrine is in Baghdad, Iraq, the community members flock the Bade Peer for settlement of disputes here. On Thursday evening, bracing the chilly weather, over 2000 members of this community including women and children climbed the Tara Hill to reach the Dargah, which is located 450 metres above the sea level, to be part of the celebrations.

Panchs rely on the verbal testimony of both the parties before the grave of their peer (master). Hearing for a land dispute between two brothers of Mokhumpura in Ajmer lasted for an hour. The decision came out in support of elder brother leaving the younger one pleading for another hearing. Here, the judges follow old judgements to pass new ones in cases which are similar. Documentary proofs hold no value here. Cases related to abduction, robbery, theft and violence have been heard and even resolved here. Over a period of time, the judges have reduced the conviction to financial penalties and social boycott. The order for lashing, seizure of property and livestock use was common before 1947.
The Mal Muslim community has over three lakh members predominant in Gwalior, Jhalawar, Ajmer, Agra, Pratapnagar, Bhilwara. Another branch of this community lives in the north-east and in Bangladesh. Those who go for police face expulsion from the community. In the state, Jhalawar has the maximum concentration of Mal Muslims estimating around 400 houses. Once known for craftsmanship, they today struggle to meet their daily needs. "The Mals in the north-east enjoy the status of OBC but not in this part," said Agar Khan, another Panch.
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