Bengaluru, April 2 (IANS) Amidst the raging debate over the Waqf Act amendment bill in the Lok Sabha, former Union Minister of Minority Affairs and Rajya Sabha Deputy Chairman K. Rahman Khan welcomed the “transition with changing times” but stated that the nature of Waqf property can never be changed.

Speaking to IANS, Rahman Khan said that once a property is owned by Waqf, it becomes God’s possession and can’t be transferred in another’s name.

“Look, there is a need for changes. I’m not saying that changes should not be made right now, but this legislation is not static – it has to change. During Indira Gandhi’s time, government properties were very much under the control of the government, even if they were Waqf properties. The basic question is: What do you need to determine whether a property is Waqf or not?” he added.

He also cited some observations from a Supreme Court judgement in Syed Ali and Others v/s Andhra Pradesh Waqf Board and stated, ‘Once a Waqf always a Waqf’.

“The Supreme Court’s judgment states that once a property is designated as Waqf, it remains Waqf forever. If a property is declared as Waqf, it belongs to God. If we talk about the principle, then on Waqf, that it is non-transferable,” he asserted.

The Congress leader further reacted to the ongoing debate over the Waqf (Amendment) Bill in Parliament.

“Look at this amendment debate taking place in Parliament today. The entire discussion, the bill that has been brought forward, and the way people are being misled – it’s an entirely false narrative. I was just watching the statement of my successor in the ministry, and how he is misleading the country. This is a revengeful legislation. I’m saying it’s revengeful because the BJP had earlier supported these changes in different committees of the Joint Parliamentary Committee (JPC) 100 per cent. Now they have twisted it, presented it wrongly, and given completely false facts to the people. They are creating fear among the public, suggesting that their land will be taken away. This is all unfortunate. It’s all a false narrative. For instance, they claim that even non-Muslims can give properties to the Waqf. This is prevalent among Maharajas and various charities. If someone wants to donate to a charity, how can you prevent it? That’s fine. Then they claim that even Parliament properties are Waqf properties. This claim is completely false,” he added.

Rahman Khan further claimed that the claims about the Parliament are completely wrong.

“Out of 123 properties that have been discussed for years, several committees were formed. Ultimately, the Waqf Board identified certain properties, including prime ones like mosques. These properties are governed by law. A hundred out of these 125 properties are either burial grounds, mosques, dargahs, or khanqahs. For 20 years, these issues were in the courts, with committees looking into them. The final decision was made after a thorough investigation, identifying 125 properties. The government gave these 123 properties on a 100-year lease to the Waqf Board. Later, someone filed a case, and the court ruled that if these were Waqf properties, they should be returned and denotified. This was done after due process. There’s no drama here. Whatever the ministry is claiming in Parliament is a complete lie,” he added.

Rahman Khan further said that there is no ‘jungle law’ as they are claiming.

“Moreover, there is not a single provision that effectively serves the public. Article 25 of the Constitution guarantees the right to manage religious properties. The Constitution empowers minorities to maintain their properties. Now, the government wants two non-Muslims in the Waqf Board. This is against the law applicable to those properties since they are private properties, not government property. The law should respect customs under Articles 24 and 25. It is not constitutional. Thousands of properties have not been surveyed. The law mandates a survey every 10 years. The new Waqf Bill proposes an independent survey commissioner to identify properties every decade which are left over. They are claiming that 400-year-old documents are required, but properties have been in use for 300-500 years. When there’s no clear claim, the survey commissioner will decide. This is not ‘jungle law’ as they claim,” he stated.

He further said that there is a tribunal to decide whether it is Waqf property or not.

“Furthermore, there is a tribunal to resolve disputes regarding whether properties are Waqf or not. This is similar to other tribunals like the Income and Revenue tribunals. The government is misleading people again,” he asserted.

The Congress leader concluded: “This is daylight robbery by the government. In a democracy, we must fight democratically. We have faith in our judiciary and the people. As B.R. Ambedkar predicted in 1930, the majority would dominate once the British left. Today, that’s what’s happening. The government is passing legislation based on majority rule, ignoring the stakeholders, especially the Muslim community, who are the biggest stakeholders. This legislation is not in their interest.”

Parliamentary Affairs Minister Kiren Rijiju on Wednesday tabled the Waqf (Amendment) Bill in the Lok Sabha amid sloganeering from the Opposition.

An eight-hour discussion on the bill, subject to an increase, is underway.

The Opposition claimed that the Centre is “bulldozing the legislation” as it alleged it was not given the time for amendments since the bill was brought to the notice of the House.

–IANS

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