By Aziz A. Mubaraki,
A Karnataka government-appointed committee, which surveyed Waqf board lands in the state recently, has stumbled upon a multi-crore scandal and has submitted a 7,000-page report on the scam to the chief minister D V Sadananda Gowda. It has shocked all as the latest Waqf scam is touted to be larger than the 2G spectrum scam that rocked the country last year. The committee found that major irregularities had taken place between 2001 and 2012 in the transfer of Waqf land to private parties through mutation where an estimated loss to the exchequer was likely to be around Rs 2 lakh crores. Mutation is a legal process through which government land is transferred or sold to individuals, institutions, persons or firms after proper verification of all documents related to the land. It’s clear that the legal process was flagrantly violated in Karnataka while selling or transferring the Waqf lands to private individuals. Of the Waqf board’s 33,741 properties spread across a whopping 54,000 acres of registered land, around 27,000 acres have not been used for what they are meant for, and were disposed off illegally.
Understanding Waqf
Under Muslim rule in India the concept of Waqf was more broadly comprehended as aligned with the spirit of charitable contributions approved by the Quran. Waqf implies the endowment of property, moveable or immovable, tangible or intangible to Allah by a Muslim, under the premise that the transfer will benefit the deprived. As a legal transaction, the Waqif (settler) appoints himself or another truthful person as Mutawalli (Manager) in an endowment deed (Waqf-namaah) to oversee the Waqf (charitable trust). As it implies a surrender of properties to Allah, a Waqf deed is unchangeable and everlasting. In harmony with the true spirit of Islam, Indian Muslim rulers bigheartedly dedicated property such as land and its revenue rights to Awqaf (plural of Waqf) created with the aim of maintaining Mosques, Madrasas, Dragahs, Khanqahs, Maqbaras, Ashoorkhanas, Qabristans (graveyards), Takiyas, Idgahs, Imambaras, Anjumans, Tombs, Orphanages (yatimkhanas) etc. Besides the charitable intent that clearly underlined these donations, for instance, land could have been Waqf(ed) for the creation of a graveyard where poor people could bury their dead. These donations to Awqaf were also done with the interest of promoting the tenets of Islam. Under Muslim rule, the presence of Islamic courts overseen by Qazis ensured that the Mutawallis discharged their duties fairly. Their mismanagement of the properties was considered breach of the trust reposed in them for which they were duly punished. Therefore keeping all religious obligations in mind the Central Waqf Council, an Indian statutory body was established in 1964 by the Government of India under Waqf Act, 1954 for the purpose of advising it on matters pertaining to working of the State Waqf Board sand proper administration of the Wakfs in the country.
Loot of waqfs
The scam involving the Waqf properties that has surfaced in Karnataka is not an isolated case. Loot of the waqf estates has been going on all across the country. The mismanagement of the properties in India reflects the Muslim community’s failure to build a clean and organized establishment that could look after the vast estate efficiently. Most Muslims in India live in phenomenally bad socioeconomic condition. Poverty, lack of education and unemployment are rampant in the community. If the Waqf properties were managed or utilized the way they are supposed to be, many of the community’s perennial problems could have been resolved without any help from outside. Sadly, those, who wield power and have been installed as leaders in the community, have turned corrupt. Most of them sitting on top of the existing institutions that control the waqf estates have been found selling away the properties piece by piece, for personal gain. It frustrates us as we find that more than 70% of India’s Waqf estates have already been sold away in the past decades by our unscrupulous Muslim leaders.
There is a complex set of reasons for this state of affairs in institutions that claim to work for the benefit of the country’s largest minority and the world’s second-largest Muslim population. Even in the case of Waqf, political hangers-on and operators from the minority community are sent off to man the boards. The policies of successive governments have created a class of “Sarkari Musalmans” adept at capturing institutions and bagging positions through which they can patronize others down the pecking order.
Even common Muslims just see the Waqf placard and believe the land belongs to them. They are encouraged to believe there is some higher religious purpose to Waqf, little knowing the fact that it has become a synonym for daylight robbery. The greatest hypocrisy perhaps is that the men who violate the spirit of charity behind the concept of Waqf then pretend to be committed and dutiful believers. This resource has been mortgaged, sold and encroached upon with the connivance of the very institutions and individuals responsible for safeguarding it, turning it all into a systemic rot. The Waqf boards in most states of India are repositories of corruption, in league with local land sharks and builders. They continue to get away with the daylight robbery of their own community because, whenever there is any demand for scrutiny, they mischievously take cover behind the “Islam in danger” sentiment.
Wood factory on Waqf land
Some glaring examples of suspected land deals from across the land:
Chennai: In 1997, the Tamil Nadu Waqf Board took the decision to outright sell 1,710 square feet of land in the commercialized Triplicane High street in Madras for a paltry Rs 3 lakh. A sale like this would have required the sanction of at least two-thirds of the board members.
Mumbai: The Maharashtra Waqf Board got a measly Rs 16 lakh for 4,532square metres in the upscale Altamount Road on which none other than Mukesh Ambani has built his plush 27-storey home.
Bangalore: Developed on about five acres of land, the Windsor Manor hotel here was till recently giving the board a rent of Rs 12,000 a month for a property worth not less than Rs 500 crore.
Faridabad: The Waqf board has been leasing out about five acres of land on 11-month leases for several years at a ridiculously low rent between Rs 500 and Rs 1,500 per month. A factory was built at the place and land use altered.
Kolkata: Shaw Wallace was giving a miniscule amount as rent for the palatial building at the BBD Bag business district in Kolkata until the new Mutawalli of the Prince Ghulam Mohammed Waqf Estate dragged the corporate house to the court.
Encroachment of waqf properties in West Bengal
So across the country, there are examples of the huge Waqf mess. West Bengal which has highest numbers of Waqf properties in the country is no indifferent and has higher record of property encroachment as well i.e., like 4,000 illegal occupants are in possession of a property in Calcutta known as the Mysore Family Fateha Fund Waqf Estate. There are over few hundred mosques in Calcutta and other adjoining districts where Waqf lands have been encroached upon unlawfully. Sixty-four other mosques in the state have been illegally occupied by outsiders. West Bengal which has approximately 184,000 Waqf properties, accounting for 31% of such properties in the country has suffered the most at the hands of corrupt Mutawallis or managers of Waqf properties with the help of officials belonging to the Ministry of Land and Land Reforms (during the left regime) have got many of them sold. The CPI (M) built party offices on several such wakf plots. The Left Front government also transformed a 50,000 sq m property in Tufanganj, Cooch Behar worth Rs 20 crores into a state bus depot and warehouse. In Midnapore (Kharagpur) a big departmental store and other commercial complex have come up on a land which was a Muslim Burial Ground (Kabrastan) not very long ago. Similarly hundreds of Bighas of Waqf land were acquired and transferred to private coal mining company in Burdwan districts for a mere pittance through some shoddy deals. So many prime Waqf plots and properties have changed character because of legal loopholes, thereby denying Muslims a religious endowment under Islamic law, where the income was meant for sole use in charitable purposes.
In Feb 1996, irregularities were first detected at a Waqf property on Collin Street, Kolkata, which involved the prime accused Mr. Hamidul Huda and his family. And with so many unanswered questions and mounting pressure the then chief minister of Bengal Late Com. Jyoti Basu appointed a one-man judicial commission headed by Justice Gitesh Ranjan Bhattacharya in March 1997. Testimonies from the representatives of several Muslim organizations and Imams were recorded. And after almost 5 years of investigation, the inquiry report was submitted on 31 Dec 2001 to the West Bengal government. And on the basis of the report, Mr. Hamidul Huda, a CPI-M leader and former member of the Waqf Board was arrested. But many still feel that prime accused Mr. Hamidul Huda was just being made a scapegoat to shield some CPI-M bigwigs. Many even feel that if the Left Front government desired to clear its name it should have taken upon itself very seriously and must have followed the recommendations made by Justice GR Bhattacharya Commission report.
Recommendations of Justice GR Bhattacharya Commission
— Decentralize Waqf properties management and form district Waqf boards in view of the mess over listed and unlisted properties throughout the state.
— Prevent concentration of power and plug the routes to escape responsibilities by the Waqf Board members and Waqf Commissioner.
— Fix collective and individual responsibility and bar anybody from holding office for more than one term. A member or his close relatives should not be involved in transfer and transaction of Waqf property.
— Laws and rules regarding lease and tenancy should be changed.
— Complete survey and enrollment of Waqf properties in the quickest possible time.
— Empower trustees of Waqf properties to move court against unauthorized sale.
— No sale of Waqf properties to be registered without the board’s permission
Modus operandi of the scamsters
Outright sale
Builder or businessman identifies a Waqf property.
They approach members of the board.
The land is sold for a pittance.
Board members get their cuts.
Discounted rent
It happens in states where outright sale is not encouraged.
Builder/ businessman approach board members.
The land is given on a ridiculously low lease.
Land use is changed to facilitate commercial exploitation.
Members pocket their cuts.
Naqqar Khana which is on Waqf land but DDA claims it
Obvious allegation of malpractice against board
Although Waqf is a national reserve for use in building institutions and earn income for Muslims, it is so awfully managed that it is the only system where practically no accountability is demanded. Cases of unashamed corruption flourish. Land is sold off to make way for private buildings, hotels, malls or factories for a trifle or given out for shockingly low rents to commercial interests. The boards have become an avenue for political patronage. Muslims who cannot be accommodated in ministries are sent off here. They mostly never do anything to help the community. In most cases, they are hand-in-glove with the land mafia and encroachers. The mess in the boards also reflects the apathy of state governments. Many have not constituted boards; none have carried out a survey of Waqf properties as required by the 1995 Act.
But in West Bengal at least the newly elected government has learnt from the Left’s mistakes and the incumbent Chief Minister Ms. Mamata Banerjee has taken a significant initiative towards sorting out the legal problems surrounding Waqf properties in the state so that their revenue can be distributed for the socio-economic benefit of the Muslim community. She has announced a CBI probe into the dealings of the previous Waqf board, and has launched many pro-minorities proposals which include a scheme of monthly honorarium for the Imams, which is duly linked with the funds at the State Waqf Board. In addition to all above she has sought data on the matter, as Waqf properties are worth more than Rs 70,000 crores in West Bengal, the highest anywhere in India. She is surely aware that Muslims will not need any government help if Waqf revenues are used fairly for their benefit, something which the Left Front ignored. The WB government has already taken action to avoid further dilemmas in managing the Waqf estates in the state. Measures are being planned to prevent recurrence of irregularities and lapses that happened in the past. Elections were held to the Waqf Board. Survey of Waqf property is being undertaken. Tribunal has been set up and more will be constituted if the situation demands. Responsibilities for Board members are now being fixed. Hence to add transparency to the working of the Waqf, “Tenure Restricting Bill” should also be considered.
As matter of fact WAQF is one of those areas in which accountability has not been demanded by anyone. The community itself has not demanded accountability, possibly because Muslims are ignorant about these issues. However, things tend to change once awareness builds up as it’s happening in Kerala, where Muslims are literate and demand accountability. The Waqf board is manned by professionals and headed by two advocates, not by racketeers. Even the Bureaucrats in the ministry of minority affairs in New Delhi cite the work done by Kerala Waqf board as example of good work and ask other states to emulate it.
There is no doubt that widespread misappropriation of the Waqf properties is taking place across India. Safeguarding the estates was the duty of the successive federal and state governments. But none performed their duty. The community itself is also responsible for the build-up of this Waqf mess. Muslims must understand that Waqf is a national resource that should have been tapped for use in the welfare of the “Muslim Community”.
(Aziz A. Mubaraki is Member, Advisory Committee, Airport Authority of India (NSC), Ministry of Civil Aviations, Government of India)