At a stormy eight-hour-long second sitting of Parliament’s Joint Committee on Waqf (Amendment) Bill 2024, there was a heated exchange between the Opposition and the government members, especially on the clause allowing the District Collector to be the final arbitrator on Waqf properties.
The Opposition briefly walked out in protest after panel chairman and BJP MP Jagdambika Pal refused to allow one of the witnesses to depose. The meeting began at 11 a.m. and went on till 7 p.m. The argument arose in the second half of the deliberations when advocate Fuzail Ahmad Ayyubi, who had deposed on behalf of Indian Muslims of Civil Rights (IMCR), New Delhi, returned to speak for Uttar Pradesh Sunni Central Waqf Board.
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Mr. Pal, according to sources, said the panel has already heard Mr. Ayubbi’s views, while the Opposition said, that the second time around he will specifically be speaking on Uttar Pradesh. After Mr. Pal refused to relent, the Opposition walked out. Though, within a few minutes after registering their protest, they returned.
The Opposition expressed reservations on Section 3 of the law that makes the collector the “final arbitrator” of the Waqf properties. Several Opposition leaders argued that the collector cannot be the judge in the government’s own case. The collector has no quasi-judicial authority. The collector is a revenue officer and does not have expertise to survey properties which the Act requires. Samajwadi Party MP Muhibullah, as per sources, contended that Waqf is part of the Islamic identity and should be treated as an intra-community affair. A collector, he argued, cannot be given a “supervisory role”.
All India Majlis-E-Ittehadul Muslimeen MP Asaduddin Owaisi, said sources, flagged the consequences that the law will have on Uttar Pradesh. He argued that the Waqf properties in the State are governed by a State legislation.
“A majority of these properties were in the nature of ‘waqf by user’ and an overwhelming majority of these properties were religious in nature. The deletion of ‘waqf by user’ from the amended law will mean that the title of these properties numbering over one lakh will be destabilised and made vulnerable to encroachment,” he said during the meeting. Others Opposition leaders supported Mr. Owaisi’s arguments.
During the meeting, AAP MP Sanjay Singh, who spoke on excessive interference from government into functioning of the Waqf board, had a tiff with a BJP member after the latter made an adverse remark about the Delhi government. Mr. Singh accused the BJP of not respecting the Constitution. The heated exchange between the two continued for several minutes and members from both sides intervened to bring the meeting back to order.
The panel heard the views of All India Sunni Jamiyatul Ulama, Mumbai; Indian Muslims of Civil Rights (IMCR), New Delhi; Uttar Pradesh Sunni Central Waqf Board and Rajasthan Board of Muslim Waqf. The next meeting will be held on September 5 and 6, when the panel will hear from the Ministry of Housing & Urban Affairs, Ministry of Road Transport and Highways and Ministry of Railways.
The panel has sought views from the public. The Bill was introduced in the Lok Sabha on August 8 and referred to a joint committee.
Published - August 30, 2024 10:33 pm IST
