ٰVerdict of the Mazandaran Province Special Court for Article 49 of the Constitution, November 4, 2019
Verdict Number: 09809971513800084
Date Prepared: November 4, 2019
Case Number: 98099815800075
Branch Rank Number: 980084
In the Matter of: Disposition of the properties remaining from the deviant sect of Baha’ism in the village of Ivel in Sari [County]
Court Decision
Upon a request made by the inhabitants of the village of Ivel in Sari County, and a request made by the Headquarters for the Implementation of Imam [Khomeini’s] Decree, [the Court is asked to render a decision] regarding the disposition of the properties remaining from the deviant sect of Baha’ism in the village of Ivel in Sari County, and issue an order delegitimizing and stripping Baha’is of [ownership] of property, which properties include multiple parcels of farmland totaling approximately 10 hectares (25 acres), several parcels of residential land totaling approximately five thousand square meters (1.25 acres).
The investigations conducted by this Court indicate that prior to the victory of Iran’s Islamic Revolution, the deviant sect of Baha’ism went to the region with the objective of promoting the deviant sect’s thoughts and beliefs; with the influence they wielded with and with the support of the government then in place, they occupied and took up residence in the region. Taking possession of the region’s fertile lands, they recorded the deeds to said lands to themselves [in their own names]. In order to consolidate the deviant sect’s power and promote their ideology, they invited [then-prime minister] Hoveyda to the region. Then-Prime Minister Hoveyda, who was a Baha’i himself and a leader of this deviant sect, came to the region along with other leaders of the sect and acted in consolidating the Baha’is power and influence there, and began harassing the Moslem population through intimidation and threats. Subsequent to the victory of Iran’s glorious Islamic Revolution, the village of Ivel’s Baha’is were [ousted from the village and] spread throughout the Province’s various towns where they were under the supervision and watchful eyes of the security forces. After the passage of three decades from the victory of the Islamic Revolution, due to pressure from the imperialist countries of [the United States of] America and other enemy countries on the Islamic Republic government, and taking advantage of the reigning atmosphere in the country, a number of this deviant sect’s members attempted to re-establish their presence in the village and the region and build standing locales in order to colonize [the lands] for their pleasure and make more money, and establish their assemblies to promote the deviant sect’s ideology. The region’s residents voiced their disgust and hatred, and protested the presence of this deviant sect in the village. The then-President’s Chief of Staff came to the region, and in a gathering of the martyr-nurturing people of the village of Ivel, who had spent a lifetime under the stranglehold of the sect’s governance and the difficult conditions caused by this sect, issued an order to address and resolve the residents’ problems. Unfortunately, however, due to pressure by enemy states in the international environment, no real action has been taken regarding the disposition of the properties.
Given the investigations as well as the reports by the residents, the region’s county executive, and this deviant sect’s background which established a presence in the village and the region with the financial support of the centrally located leaders of Baha’ism in order to promote deviant beliefs, and with the influence they had in the former Royal Court and government, and with the support of the usurper Zionist regime, acted in adversely possessing and taking over the ancestral lands of Moslems, and spent the money earned from said land toward the promotion of the deviant sect;
And given that upon the reaction of the village residents and the opening of cases before judicial authorities, the persons belonging to this group established contact with enemy groups and networks abroad and reported the news of the case in order to weaken the regime and the people;
And given that the aforementioned persons’ contact and cooperation under Taghut (derogatory term meaning “the Devil” to reform to the Shah. Tr.) with the dissolved SAVAK (the Shah’s secret police. Tr.) and then-prime Minister (the defunct Hoveyda) and the residents’ leaders resulted in a letter dated June 11, 1963, to Brigadier General Parviz Khosravani, the then-Commander of the Police Force, in which the faithful Moslems of the region were labeled hoodlums and evildoers, and in so doing [the Baha’is and the then-government] declared their allegiance and duty to protect and safeguard the Baha’i history and Baha’i figures, and have [since then] always harassed and persecuted the people of the region during their presence there;
And given that the holy regime of the Islamic Republic obtained a pledge from the sect’s leaders to prevent the formation of circles the objective of which was the promotion of this deviant sect’s ideology, and [following such a pledge,] allowed them to reside and make a living in Mazandaran Province out of Islamic kindness, and that they now reside in those regions in a scattered fashion;
And given that the Islamic Republic has prevented their [widespread] presence in the region through supervision of their behavior and deeds, and has thus prevented them from taking any action against the Regime;
And given that, after the passage of three decades from the victory of the Islamic Revolution, the aforementioned persons intend to renew their presence in the region under the pretext of [building homes for recreational purposes], making a living, and inspecting and following up on [regaining ownership of their] properties, which presence results in sedition and the strengthening of this deviant sect;
And given that the entire population of the region is composed of the adherents of the Twelve Imam Shiite Islam;
And given that this deviant group, by taking up residence in the region and strengthening its roots with the support of other heretic groups, intends to take action to take possession of the regions lands and take deeds to these properties, the limits and perimeters of which are unclear, and in so doing, consolidate and promote their deviant ideology;
And given that the honorable most high Maraje’ Taqlid (Islamic legal scholars, Grand Ayatollahs, who are a “source and reference to follow and obey”) have decreed that the deviant Baha’i sect is condemned as being heresy and filth, that there is no legitimacy to their ownership of property, and that the faithful are required by the tenets of Islam to fight against this misled sect’s deceit and corruption and prevent others from going astray and joining them; and given that [the Grand Ayatollahs] have also decreed that any type of contact with them is Haram (prohibited by the laws of Islam. Tr.);
Now therefore,
The Court, citing and relying on the Fatwas (decrees) of the honorable Maraje’ Taqlid, the Honorable Imam [Khomeini’s] decree dated March 10, 1981, the Law on Adjudicating Files that Are the Subject of Article 49 of the Constitution, and on the fact that a number of the followers of this deviant sect who are among their leaders and are now living abroad are cooperating with enemy groups in order to fight the Regime,
Rules that there is no legitimacy to the ownership of properties remaining from the deviant sect of Baha’ism [and that they are hereby stripped of said ownership] in the village of Ivel, Chahar Dangeh District, and declares that, given the many years of this deviant group’s presence in this region for the purpose of promoting the Baha’i creed, the land mentioned herein shall be put at the disposal of Mazandaran Province’s branch of the Headquarters for the Implementation of Imam Khomeini’s Decree so that, through the sale of said lands to the residents of the village of Ivel who do not have much land, they can establish a cultural center for the promotion of Mahdaviat (the belief that the Shiite religion’s twelfth Imam will one day return to instate God’s rule on Earth. Tr.), and the remainder of the proceeds of the sales be spent on cultural activities and development and reconstruction of the village.
This ruling is issued in absentia for individuals who are outside the country and did not appear in Court and can be appealed to this Court within 20 days, and as to the others, it is issued in person and can be appealed to Tehran Province Courts of Appeal reserved for Article 49 of the Constitution within 20 days of service.
Seyyed Morteza Mussavi
Judicial Deputy to the Director General,
Chief Judge, Mazandaran Province Special Court for Article 49 of the Constitution