Being probed by ED and ACB for his role in hiring of people in Delhi Waqf Board while he was the Chairman, Amanatullah Khan filed a plea against it in the Delhi High Court.
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NEW DELHI: Amanatullah Khan, a prominent figure entangled in a money laundering case linked to alleged irregularities in the Delhi Waqf Board recruitment, has decided to withdraw his plea from the Delhi High Court. The case, which has drawn considerable attention, centers on accusations against Khan during his tenure as the Chairman of the Waqf Board. It is alleged that he engaged in illegal recruitment practices, bypassing the law to appoint individuals to positions within the board.
The Anti-Corruption Branch (ACB) initially booked Khan, leading to subsequent proceedings by the Enforcement Directorate (ED) concerning the financial aspects of the alleged misconduct. Khan’s defense articulated a narrative of undue persecution, labeling the legal actions against him as a
“classic case of harassment and persecution.”
This claim was bolstered by his assertion that even the Central Bureau of Investigation (CBI) acknowledged the absence of any financial transaction that could be construed as a bribe or illicit payment in the case.
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Further strengthening his position, Khan argued that there had been no identification of proceeds of crime, neither in the predicate offense that triggered the investigation nor in the subsequent proceedings under the Prevention of Money Laundering Act (PMLA). This lack of concrete evidence of financial impropriety formed the crux of his argument for the dismissal of the charges against him.
The backdrop of this legal drama is the Delhi Waqf Board, an entity responsible for the management and administration of Waqf properties in the national capital. The board plays a crucial role in the welfare of the Muslim community, making the allegations against Khan particularly significant given the potential impact on the board’s operations and reputation.
As the case unfolds, the withdrawal of Khan’s plea marks a notable moment in the ongoing saga. It raises questions about the complexities of legal battles involving public figures and the challenges of navigating accusations of corruption and misconduct. The implications of this case extend beyond the individuals involved, touching on issues of governance, accountability, and the mechanisms in place to ensure the integrity of public institutions.
As the legal proceedings continue to evolve, observers and stakeholders alike will be keenly watching for further developments. The resolution of this case could have far-reaching consequences for the Delhi Waqf Board and serve as a precedent for how similar cases are approached and adjudicated in the future.
UNDERSTANDING WAQF ACT and WAQF BOARD and the COMPLICATIONS ARISING OUT OF IT for a SECULAR COUNTRY-INDIA
Waqf Act was first passed by Parliament in 1954. Subsequently it was repealed and a new Waqf Act was passed in 1995 which gave more powers to Waqf Boards. In 2013, this Act was further amended to give unlimited powers to Waqf Boards to snatch anyone’s property, which even could not be challenged in any court of law. In March 2014, just before the commencement of Lok Sabha Elections, the Congress gifted 123 prime properties in Delhi to Delhi Waqf Board by using this law. Due to this black law, thousands of acres of land of Hindus have been snatched away in the country so far. Recently Tamil Nadu waqf Board has declared 6 Villages of Tamil Nadu, including a 1500 years old Hindu Temple as Waqf property.
Simply put, the Waqf Board has unlimited powers to claim properties in the name of Muslim charity. But to understand how it got this right, we have to turn the pages of history.
In fact, the Hindus who came to India after partition from Pakistan, their properties in Pakistan were occupied by the Muslims and the Government of Pakistan. But the Government of India gave the land of Muslims who went from India to Pakistan to the Waqf Boards. After which the Waqf Board Act was made in the year 1954. But in the year 1995, by changing the Waqf Board Act, the Waqf Boards were given unlimited rights to acquire land. After which the property of the Waqf Board increased.
According to the data of Waqf Management System of India, at present there are a total 8,54,509 properties with Waqf Boards which are spread over more than eight lakh acres of land. You will be surprised to know that after the Army and Railways, most of the land is with the Waqf Boards.
In the year 2009, the properties of the Waqf Board were spread over four lakh acres of land. Which has now more than doubled. Whereas the land in the country is the same as it was before. So, how is the Waqf Board’s land increasing? Wherever the Waqf Board gets the boundary wall of the cemetery done in the country, it considers the land around it as its property. Similarly, illegal shrines and mosques are gradually declared by the Waqf Board as their property. In simple language, people call this encroachment and the Waqf Board has got the right to this encroachment.
Section 3 of the Waqf Act, 1995 states that if the Waqf “thinks” that the land belongs to a Muslim, then it is the property of the Waqf. It should be noted here that just “thinking of Waqf” is enough, Waqf Board does not need any proof for this. If Waqf accepts that your property is not yours but Waqf Board’s, then you cannot even go to court. You can approach the Waqf Tribunal Court.
Section 85 of the Waqf Act states that if you cannot satisfy the Waqf Board Tribunal that it is your own land, then you will be ordered to vacate the land. The decision of the Tribunal will be final. No court, not even the Supreme Court, can change the decision of the Waqf Tribunal.
Section 40 of the Waqf Act states that when the Waqf Board lays a claim on the land of a person, it is not the responsibility of the Waqf Board to prove the claim on the land, but the real owner of the land has to prove the ownership of his land.
That is, if the Waqf Board claims any land, then understand that the Waqf Board has become the owner of the land.
How a religious law like the Waqf Act has been made applicable in a secular country like India? The question is why is there no such act for Hindus, Christians and Sikhs? Why only for Muslims? See the irony that in the year 1991 the Places of Worship Act was made which says that the religious places which existed at the time of independence of the country will be retained as it is. At the same time, in 1995, the Waqf Act comes into force, which gives the right to the Waqf Board across the country to claim its rights on any property and the aggrieved party cannot even appeal in any court of the country against this.
It is strange to hear that such an act exists in a secular country, whereas there is no such act in any Muslim country. Muslim countries like Turkey, Libya, Egypt, Sudan, Lebanon, Syria, Jordan and Iraq have neither a Waqf Board nor a Waqf Law. There should be no place for Waqf Act in India also. The government should repeal the Waqf Act as the same is clearly unconstitutional.
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