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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Asghar & Anor v Ahmad & Ors  EWHC 1118 (QB) (23 April 2015)
Cite as:  EWHC 1118 (QB)
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QUEEN'S BENCH DIVISION
Cardiff Civil Justice Centre
B e f o r e :
| (1) Mohammed Asghar
(2) Abdul Rehman Mujahid
|- and -
|(1) Manzoor Ahmad
(2) Farzand Ali
(3) Shokat Butt
(4) Mohammad Ali Hayat
(5) Javed Javed
Miss Clare Kissin (instructed by Blake Morgan LLP) for the First and Second Defendants
Mr David Leathley (instructed by Direct Access) for the Third Defendant
The Fourth Defendant appeared In Person
The Fifth Defendant did not appear and was unrepresented
Hearing dates: 22-29 July 2014
15-18 December 2014
Crown Copyright ©
Mr Justice Jeremy Baker:
History of the mosques
History of the present dispute
History of the litigation
History of the trial
"Recently the Newport Muslim community has learnt to their shock and horror, that three individuals by the name of Abdul Rahman Mujahid, Mohammed Arshad Rehman and Mohammed Ashraf aka Mohammed Aslam have put the Al-Noor Mosque into their own personal names as proprietors, and also a small piece of land recently purchased behind the Jamia Mosque. The same individuals have also put this piece of land, known as the mortuary, into their own personal names."
"Abdul Rahman Mujahid together with the other two people have also created their own private and personal trusts, namely Anjuma Raza-E-Mustafa Trust, and attached it this to Al-Noor Mosque, and they also made another trust, Jamia Hanfia Rizvia Mosque Trust and attached this to the Jamia Mosque Newport. They lead the charity commissioners to believe that these were official trusts of Jamia Mosque and Al-Noor Mosque, and obtained charitable status from the Charity Commission UK."
"Abdul Rahman Mujahid together with the other two people have under this charitable status been collecting money from Muslim public at large. To date the Muslim worshipping public have no knowledge of any accounts. No accounts have been provided for the public."
"The sad thing is that a Newport Assembly member Mohammed Asghar has been supporting these three individuals in their various endeavours at various times; this interference is totally unacceptable to the Muslim worshipping community. The Management Committee Chairman has sent official warnings to Mohammed Asghar AM and Abdul Rahman Mujahid to refrain from their unacceptable bad behaviour in the Mosque and towards the Muslim worshippers in the Mosque."
"When Mohammed Asghar AM and Abdul Rahman Mujahid's behaviour became intolerable the interim Management Committee felt that this type of behaviour will cause a breach of the peace and public disorder amongst the worshipping Muslim community. As a result the Management Committee had no other choice but to ask the court for an anti-social behaviour order (ASBO) in the Cardiff County Court. The order was granted in December 2011, banning Mohammed Asghar AM and Abdul Rahman Mujahid from causing trouble and not to interfere with the worshipping Muslim community in the two mosques."
"When the banning order expired and the Management Committee made an application to extend it Abdul Rahman Mujahid gave his undertaking that he, nor his two private trusts members, will no longer be interfering with the worshippers directly or indirectly in Jamia and Al-Noor Mosque. This also included Mohammed Asghar AM as the co-defendant in the Cardiff County Court. As a result of the undertaking the Management Committee Chairman Manzoor Ahmad withdrew the further application for an injunction under a mediation agreement."
From the original Nawa-i-Jang newspaper article,
"Wales County Court has passed an injunction against Councillor Mohammed Asghar, (Assembly member) in suspicion of bad behaviour and affray, and prohibited him from entering the mosque"
"……..The local community believes that Councillor Mohammed Asghar, (Assembly member) has exploited different sects of Muslims and the mosque for his political interests."
"Local people claim that last year Councillor Mohammed Asghar (Assembly member) took part in Shia Muslims' procession and there is a video of that effect (Beating of the chest). However, he also supports sunni Muslim Abdurahman Mujahid in mosque trust for a ban on Shia Muslims, which proves that he is using both factions for his own political ends. Local mosque goers can not believe his double standards."
"…….Newport magistrates' court has found him a liar in respect of providing wrong information to the community about a meeting."
"The community also accuses him of supporting those three people who registered themselves as the owners of the mosque about which the mosque trustees…..are unaware. The three people include Abdurahman Mujahid……."
"The local community has said that Abdurahman Mujahid has been involved in the same kind of activity a few years ago when he showed a Cardiff mosque as a limited company and himself as its director…….He is accused of trying to make a false claim when a mosque in Cardiff was burnt……"
"People in the community also say that Abdurahman had a post office which was taken off him because of counterfeit notes were found…….."
"There is information that the Border Agency has been investigating Abdurahman and his two trusts and how he has been obtaining work permits in the name of his trusts…."
"Some claim that Councillor Mohammed Asghar (Assembly member) is involved in financial scandal and corruption………."
"There are rumours that police are investigating Councillor Mohammed Asghar (Member Assembly) for money laundering and other crimes."
"Councillor Mohammed Asghar (Member Assembly) is also accused of using a large sum of money to buy a butchery in Birmingham from David Hurst which was given to him by his brother, who obtained it in kick backs while he was in the Air Force…."
"Local people say that Councillor Mohammed Asghar (Member Assembly) is involved in Jamia Mosque and Al-Noor Mosque scandals. His personal support for individuals accused of creating personal trusts………."
From a document written in English entitled, "Three individuals put Mosque property into own names as proprietors/owners",
"The Welsh Muslim community is shocked to learn three men: Abdul Rehman Mujahid…..have put the Al-Noor Mosque…….into their own personal names, as proprietors (owners). These three individuals have also created their own private and personal trust and have been collecting money from the public. These funds to date are unaccountable. …….."
"……The matter has been brought to the attention of the police and other relevant authorities at the highest level. What has shocked the community more is that a Pakistani local politician Mohammed Asghar AM, supported the three individuals who acted without authority."
"……….It is alleged by the worshippers that Mohammed Asghar has been threatening individuals that the Pakistan High Commission is in his back pocket and it is believed he has been writing letters branding innocent respected individual members of the community as terrorists or promoters of terrorism, misusing his political status to support the three individuals……."
"……..Abdul Rehman Mujahid used the Mosque to canvas for votes for him. Mohammed Asghar rewarded Abdul Rehman Mujahid and the two imams by sending the three of them all expenses paid to Saudi Arabia. This has shocked and disgusted the Muslim worshipping community, that a Mosque which is a place of worship was used for political purposes for Mohammed Asghar. What is more disgusting is that they have received what the community call 'A Sweetener' or 'Backhander'……"
"When Abdul Rehman Mujahid and Mohammed Asghar did not listen and continued with their bad behaviour the Mosque officials had not alternative but to apply for an anti social behaviour injunction…….The court granted an injunction on Mohammed Asghar AM and Abdul Rehman Mujahid, banning them from causing troubles in the Mosque. …………"
"……..There may well be a criminal case of fraud and Mohammed Asghar AM could well be implicating in aiding and abetting the three individuals……"
From the website's own article,
"………Naseem Babur, Chairman of Pakistan Society, Newport, South Wales.
'I have recently learnt that three individuals by the name of Abdul Rehman Mujahid……have secretly without any knowledge of the Mosque…….put the Al-Noor Mosque…….into their own personal names…………..The Jamia Mosque ……was never purchased for any individual sect or individual groups or individuals, or to be vested into their personal names as proprietors"
"Mr Abdul Rehman Mujahid is also involved in a serious problem of Madina Mosque Cardiff……."
Evidence at trial
Discussion and findings
Assessment of damages