Madhya Pradesh High Court Justice lashed out on an advocate while hearing a plea by the Archaeological Survey of India against the Waqf Board. Justice Gurpal Singh Ahluwalia questioned an advocate on how a mere notification can legitimise a protected property as Waqf property.
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Jabalpur: A video of Madhya Pradesh High Court Justice Gurpal Singh Ahluwalia sharply rebuking an advocate during a hearing has gone viral on social media. The case in question involves the Archaeological Survey of India’s plea against the Waqf Board’s claim over certain historical properties.
The video, which emerged on the platform X (formerly Twitter) on Thursday, captures the intense exchange in which Justice Ahluwalia challenges the legitimacy of the Waqf Board’s claims based solely on a notification.
In the video, Justice Ahluwalia can be heard confronting the advocate with a pointed question:
“How can a mere notification legitimize a protected property as Waqf property?”
His frustration is evident when he sarcastically remarks,
“Aap to Taj Mahal bhi le lo yaar, kaun mana kar raha hai,”
meaning,
“Take the Taj Mahal, who is stopping you?”
This statement reflects the judge’s disbelief at the advocate’s argument.
The controversy stems from a notification issued by the Waqf Board in July 2013, which asserted ownership over the tombs of Shah Shuja and Nadir Shah in Burhanpur, Madhya Pradesh.
The Archaeological Survey of India subsequently challenged this claim in the High Court. The viral video clip is from the hearing held on August 7, 2024.
During the proceedings, Justice Ahluwalia repeatedly questioned the advocate on the grounds for declaring an ancient protected property as Waqf property. The advocate’s response that it was
“done on the basis of a notification”
-only further incensed the judge.
In a sharp retort, Justice Ahluwalia stated,
“I only have a blunt question…Kal ko agar Agrawal ji ki property ka notification nikal jayega to wo WAQF property ban jayegi (Tomorrow, if the notification of Agrawal ji’s property, some random property, comes out, would it be declared Waqf property? Isn’t there any procedure for it)?”
The judge continued with his sarcastic critique,
“Bhai sahab aap to Taj Mahal bhi le lo yaar, Lal Kila bhi le lo, kaun mana kar raha hai. Pure Bharat ko aap WAQF property declare kar do!”
which translates to,
“So tomorrow, the Waqf Board can declare any government office as its property?…Then you take the Taj Mahal. And Red Fort too. They might even claim the entire India as Waqf property.”
This heated exchange highlights the ongoing debate surrounding the Waqf Board’s claims.
Recently, the Madhya Pradesh High Court overturned the Waqf Board’s claim over the Burhanpur Historical monuments, citing that these monuments were declared protected properties under the Ancient Monument Act of 1904.
The court also ruled that a mere notification issued in 1989 cannot legitimize them as Waqf property without proper legal proceedings.
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