Today we will talk about the most beautiful creation of Congress (For Muslims)
Congress gave 40% of Indian land to Muslims in 1947 but they were not satisfied with 40% so they brought Waqf Act
Let's talk about its wonderful provisions
Hold ur seats
1/22
Yes such act exists in a secular country. Even no muslim country have such act.
What is waqf system ?
Its a part of muslim brotherhood charity system.
Suppose Ahmed is 80 year old. He has two flats. Before death he wants to donate 1 flat for qaum so he donated 1 flat to waqf
As he donated now that property belongs to Allah. Waqf board is not owner but caretaker of that flat and they can use that flat for muslim school, hostel, community hall or any for muslims
So waqf is property of Allah donated for charity for muslim
It was the actual meaning
But this meaning changed with time
In 1947 hindu left their land in Pak and came to India and Muslim left their land in India and went to Pak
Pak confiscated all land of hindus in Pak and gave that land to muslims and govt but Nehru did opposite.
He said no hindu will touch
land of mus1im who went to pak.
Nehru collected all that land and gave to waqf.
Waqf board 1954 act was not as draconian but the real change came in 1995
Congress leader and PM PV Narsimha Rao brought Waqf act 1995 and gave them unlimited powers to acquire lands.
Lets talk abt the provisions of waqf act:
Section 3 (R)
What is waqf - any property for any purpose recognised by the Muslim law as pious, religious or charitable
So according to Muslim law (not Indian law) if they think that land is religious for muslim that becomes waqf
So suppose u purchased a land from Ramesh in 2010 and Ramesh purchased that land from Salim in 1965 then waqf board can claim that in 1964 Salim gave that land to waqf and now that is their land.
Now what u can do ?
U cant go to court......... U have to go to State Waqf Board
What is waqf board ?
In India there is a central waqf board and 32 state waqf board
Waqf board is a committee of govt appointed 7 people
All should be Muslim
Congress brought temple act n captured all temples and said a non hindu can also become member of temple board but
Same congress brought waqf act, kept them autonomous and made law- no non muslim can become part of waqf board
Waqf board have a surveyor who kept surveying all lands and if he thinks any property belong to waqf they can issue notice.
Section 4 gives unlimited power to surveyor
Waqf is headed by a CEO who must be muslim. Section 28 gives power to waqf CEO to order collector.
So as u get notice, u have to take all drawings, registry, paper and have to run to waqf board to convince them it's ur land
(Same board who sent u notice)
Now comes the most wonderful section of waqf act
Section 40
Allow me to post section 40 in english and hindi both so that everyone can read
Whether its ur land or waqf land it will be decided by waqf board and their decision will be final
So
waqf is police
waqf is lawyer
waqf is judge
If u cud not satisfy waqf that its ur land and u have been asked to vacate ur land. U cant go to court
U have to go to waqf tribunal court
There r only 1-2 court in every state. So u have to go capital n will have to file ur case there
Section 83 is abt tribunal
Tribunal will have 2 judges (no religion specified) n one eminent muslim. U fought ur case in tribunal n suppose u lost ur case since tribunal also have their member then what r options for u n here comes one more bomb in section 85
Section 85 says tribunal decision is final🙄
No civil court (supreme court, high court) can change the order of tribunal court
Though later this clause was stuck down by Supreme Court is Rajasthan Jindal Saw case in May 2022
SC said no court is superior than us n we can interfere in any decision.
Let's talk abt some more gems from waqf act
Section 54 and 55
If waqf board think that ur land is their land then
Waqf can declare you encroacher and order DM, SDM to remove u and they have to follow their orders
Just voww
In 2005, UP waqf board claimed on Taj Mahal against ASI though they lost case in Supreme Court
They used provisions of waqf act in Gyanvapi case also but there they also lost
Question is powerful people can hire costly lawyer n can go to Supreme court but what about common man
In Tamil Nadu waqf claimed an entire village.
Where waqf claimed that its not their responsibility to prove its responsibility of victim to prove.
Question is how there can be a religious act in a secular country 1. Why there is no such act for hindu, Christion n sikh
and only for muslim ?
2. If a Christian, sikh, jain encroach a hindu land or vica versa then they have to go civil court but if a muslim encroach the land of hindu or any other religion then hey have to go waqf tribunal ?
why this privilege to only one religion ?
Due to this draconian act, waqf has become the richest body of India with 7 lac acre property n market value of 12 lac crore
Waqf rents their land and earns crore of rupees which is used for their religious upliftment, fighting case.
govt also provide them financial supports
U can read entire waqf act 95 on Indian Kanoon website or minority ministry website
important sections : 3(r), 4,6,7,11,19,23, 23,29,30,40,77,83,85,99
Salary and allowance is provided to waqf members by waqf fund.
Waqf have administrative, supervisory n judicial powers but execution power is still with collector, DM n Police that r mostly Hindu
But as demography change happens in IAS, IPS also then waqf act will become 10 times more lethal.
Waqf act is violation of article 14 also
of Indian constitution
Indian constitution doesn't allow any act that is religious and encroach right of other religions
In 1995, Congress indirectly gave India to one community by a blank cheque
Waqf Act is that blank cheque
Amend Waqf Act 1995 now
22/22
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