Join the fight to save waqf properties in Telangana

Waqf land worth 50 thousand crores was saved from being grabbed

Advocate Mehmood Pracha

The Telangana Chapter – Mission Save Constitution and Save Waqf Properties –which is in its nascent stage is aimed to save waqf properties in Telangana. To make it success, over 50 lawyers are ready to give their service free of cost.

Everyone including teenager, non-government organization, civil societies can join the movement. Those interested can join by providing basic details online (click here).

Those who want to join the movement can also scan above QR code to visit the website.

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Karbala Jorbagh waqf land saved successfully

Since 2012, prime waqf property- the Karbala Jorbagh, New Delhi worth thousands of crores, belonging to the Shia community, was being encroached upon by an extremely powerful personality of national stature. This person was none other than the late Ahmed Patel, Indian National Congress.

Maulana Kalbe Jawad Naqvi and Anjuman E Haideri, the Mutawalli of the waqf, were fighting a pitched battle against the entire might of the government to save this priceless property.

During that period they approached me for my support. What is inspiring is that the community did not leave the matter to be fought only on the legal front.

People expressed their angst coupled with determination through a protracted campaign in which a number of people were arrested, a national highway was blocked.

As a lawyer, I did my bit by providing all possible legal help to the agitators struggling to save the waqf property. In fact, I was appointed as the lawyer for Delhi Waqf Board due to the protests.

The uniqueness of the Karbala Jorbagh case was that Amanatullah Khan, Chairman of Waqf Board filed an affidavit in the legal proceedings supporting the encroachment partner of Ahmed Patel.

Being the lawyer for Waqf Board, I took a stand against the Chairman and in the interest of the Waqf, advanced the argument that even if the Board supports the encroacher, the court should decide according to the law i.e., the Waqf Act and ignore the Chairman’s compromised stand.

This argument was accepted by the learned Arbitrator Justice Badr Durez Ahmed. The case was decided in favour of the Mutawalli.

This case sets a precedent. Not only was the sacrosanct Karbala Jorbagh land free from encroachers but also a claim worth Rs 1300 crores was filed against the encroachers as unpaid illegal occupation charges. In other words, this was a resounding victory for the Waqf Board and the many who came out on the streets to protect the waqf land.

Waqf property in Mehrauli saved from land mafia

During the same period when the Karbala movement was in full swing, affected people of another huge waqf property in Mehrauli approached Maulana Kalbe Jawad and me.

This Waqf land worth thousands of crores was being grabbed by another gang again at the behest and support of Ahmed Patel.

In Mehrauli, about seven ancient mosques were demolished. The Delhi Development Authority’s (DDA) corrupt officials were hand in glove with the land mafia. The demolition of mosques/ graves was carried out by government officials apart from forcibly evicting inhabitants of that area.

An effective legal and peaceful agitation technique on similar lines as the Karbala movement was adopted which once again resulted in reconstruction of all the mosques and return of all the inhabitants to their original places of residences.

Contempt orders against Delhi Waqf Board

The year 2012 is etched in my memory as so much unfolded. An affiliate organization of the RSS filed a PIL and got a mosque demolished by Delhi High Court orders. It was a huge flash point at that point of time. Contempt orders were issued against the Delhi Waqf Board and even senior Delhi Government officials for not following the High Court orders of demolition. 

I appeared as the lawyer for the Delhi Waqf Board and the then Delhi CM Sheila Dikshit and was able to protect them from the contempt orders. But what was even more befitting was that equivalent land was allotted for the mosque just next to its original site.

Dargah Faiz Elahi

If one reminisces along similar lines, the Dargah Faiz Elahi at Turkman Gate. It is a huge Waqf property which is adjacent to the Ramlila Maidan. This property was encroached on by some front organizations of the RSS. More than one temple came up on this waqf land. In the year 1999, a serious attempt was made by some corrupt officials and RSS elements to enter the Waqf land from the side of the Ramlila maidan.

Local people informed me of the situation. I had to think quickly on my feet. Therefore, to effectively defeat this nefarious plan of encroaching and usurping Waqf land I personally stood at the site and got the boundary wall made. It wasn’t an easy task as I had to face virulent RSS adherents and corrupt government officials affiliated with the RSS. To cut the long story short, a huge area of Waqf land which has a big mosque, marriage ground and the headquarters of a Tableegi Jamat faction was saved from greedy predators.

Honest Waqf Board members can challenge and prevent corruption

In Delhi many cases of corruption have been filed against the Chairman- Delhi Waqf Board based on the complaints of some upright Muslim Waqf activists and two members of the Board (legally represented by me) who are opposed to the large-scale corruption by the Chairman and two other members of the Board. Due to their efforts not only has the CBI, Anti-Corruption Bureau and ED filed many cases but have also arrested the Chairman Amanatullah Khan. A no confidence motion has been moved against the Chairman which is still pending against him.

This model needs to be emulated wherein honest Waqf Board members can challenge and prevent corruption by insisting that all decisions have to be taken by the majority of Board members. A single honest member can stop wrongdoings by raising objections against corrupt proposals in the event of the majority supporting corrupt proposals/resolutions.

It must be borne in mind that the CEO of the Board is duty bound to execute only those resolutions/decisions which can be implemented as per the law.

Recently due to the direct collusion of the present Chairman of Delhi Waqf Board with land mafia and RSS elements including those in the government who are hell bent on usurping all waqf properties in Delhi, an adverse order has been passed by officials of the UD ministry GOI against 123 prime waqf properties of Delhi most of which are situated in New Delhi.

Mission Save Constitution has launched a public campaign against the attempts to usurp these properties in collusion with the Waqf Board Chairman. A large team of lawyers and social activists belonging to weaker sections is being mobilized to provide legal, moral and other help directly to the Mutawallis to save these Waqf properties. The fight is now on war footing and with the precedent of success. All that is needed is mass mobilization for Mission Save Constitution. Fighting to recover usurped Waqf properties is one of the primary objectives of this movement.  This movement is not restricted to Delhi but is to be spread all over India.

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