By Mudassir Rizwan, TwoCircles.net,
Patna: Well known medical practitioner of the city Dr Ahmad Abdul Hai, along with 10 others, has been booked on charges of forgery and cheating in connection with alleged selling off of Waqf land here.
Dr Hai refused to comment on the issue. The well known personality of the city, also the Director (Surgery) at Paras Hospital, is the son of Padma Bhushan Dr M A Hai from a distinguished family of educationists.
A case under various sections related to forgery and cheating has been registered against Dr Hai, president and Dr Md Abu Muzaffarr, secretary respectively of Anjuman Khadimul Islam Yatimkhana – a trust running an orphanage on the property in contention – along with nine other persons at the Agam Kuan Police Station in Gulzarbagh here. The police FIR dated December 19, 2014 was prompted by a complaint by the Waqf Board.
Waqf land or Trust land?
Anjuman Khadimul Islam Yatimkhana at Kashmiri Kothi has more than 10.5-acre behind Nalanda Medical College and Hospital (NMCH). Waqf Board claims this land was entrusted to Waqf by Waqif in 1949 with clear instructions that nobody can sell it for any other purpose but will have to use it only for children of the Yatimkhana. “Before 2010, Yateemkhana management had asked permission of the Waqf Board to sell that land and construct a hostel with that money. But of course, the Waqf Board did not give any permission to sell it,” an RTI activist Ali Abid said, and alleged, “Despite that, Dr Hai and Dr Muzaffarr sold the land to eight persons on the sly.”
These eight persons include just one from the community and seven non-Muslims who were sold land using Power of Attorney, Abid said.
The Waqf Board then dissolved the current managing committee and formed a new committee to run the orphanage. “But the duo claimed that they (Anjuman Yatimkhana) are a society – hence falling under the Registrar of Societies – and do not fall under the ambit of Waqf Board,” Syed Sharim Ali, administrator, Bihar State Sunni Wakf Board told TwoCircles.net.
An official from the Anjuman, on conditions of anonymity, said, the land on which the orphanage stands was part of the large parcel of land donated in 1910 by one Shahabuddin. Later it was registered as a society under relevant act. “He had declared 10-anna share for Anjuman and 6-anna share for his family from the property. One part of land is where the Yateemkhana stands and rest have academic blocks such as primary, middle school and colleges,” the official said.
“Because of some misunderstanding, the then managing committee members in 1987 initiated correspondence with the Waqf Board about sale of this land. The family members had already sold off their 6-anna share worth land. There was no need of any Waqf permission for this land as it was never a Waqf property,” he claimed.
The Waqf Board approached the Patna High Court in 2010 where Justice Sheema Ali Khan ordered: “The Motawalli or any of the Managers or committee members of the property of Waqf (estate 25 and 2525/25) are restrained from transferring any of the properties of the Waqf, or in any manner creating any encumbrances on the property of the Waqf during the pendency of this case.”
The court case is still going on and the final judgment is expected anytime.
“Apparently, Dr Hai and Dr Muzaffarr concealed from the court that the land was already sold. I tried to dig out details and finally found out using the RTI whom they sold the property to using the Power of Attorney. Then I also could lay hands on the document that Dr Hai submitted to the Waqf Board and the letter written to the Waqf Board,” Abid claimed.
The activist said he gave all details to the Waqf Board administrator Ali, who in turn sought legal opinion. “Board’s advocate opined that this was a criminal conspiracy as no one can sell Waqf land. Accordingly, the Board approached the police with its complaint and the police lodged the FIR,” he said.
Sharim Ali, the Waqf Board Administrator, said, “Dr Hai and Dr Muzaffar had given the Power of Attorney to one Saghir Ahmad and he made eight different deeds with eight different names to sell the land in 2010. This is totally a case of fraud. Nobody can sell any Waqf property to any one at any cost.”
Explaining the procedure, Sharim Ali said, “If at all Waqf land has to be sold, a proper advertisement is to be issued in a local newspaper for its auction. We will write to the District Magistrate under section 52 and ask him to take over the property.”
Anjuman Khadimul Islam Yatimkhana
Police case of forgery and cheating
The police registered the FIR on December 19, 2014 (number 483/14) under Indian Penal Code’s sections 420 (cheating and dishonestly inducing delivery of property), 406 (criminal breach of trust), 409 (criminal breach by a public servant) and 34 (joint liability in doing the criminal act with common intention) naming 11 people. “The case of forgery and cheating is under investigation and verification is going on to see if all papers are in order. We will take action once this verification is complete,” officer in-charge of Agam Kuan Police Station in Gulzarbagh told TwoCircles.net.
The others named in the FIR are the middleman and those who allegedly purchased the land. When contacted by TwoCircles.net. Dr Hai simply said he has demanded some answers from the Waqf Board but refused to speak further. Dr Muzaffar too declined to talk and said the court case result will bring the truth out soon.
Meanwhile, activists have demanded removal of Dr Hai from all posts – advisory or constitutional – that he has been holding at Imarat Shariah Bihar, Jharkhand & Orissa. But Hazrat Maulana Syed Nizamuddin, Amir-e-Shariat, Imarat Shariah said, “I know him (Dr Hai) since his father’s time. He is a very clean and honest person. When court gives its judgment, then everybody will know the truth. Till then I am not going to comment. Also, so many other Warf properties are misused, but why point out only Dr Hai?”