Maharashtra government directs criminal action for Wakf irregularities

In a major crackdown, the state government has ordered criminal action against serving and former members of the Maharashtra State Board of Waqf, including former Darul Uloom Deoband vice-chancellor Maulana Ghulam Muhammad Vastanvi, for their alleged involvement in illegal sale and transfer of prime waqf properties.

The state minority development department has directed the board’s chief executive officer (CEO) to file FIRs against seven people including Vastanvi, former Congress legislator Jainuddin Zaveri, NCP MLC Abdullah Khan (Babajani) Durrani, former NCP leader Habib Fakih, former Bar Council of Maharashtra and Goa chairman Asif Qureshi, ex-board member Sayyad Jamil Ahmed Janimiyan and former department official Ainul Attar, who was a government representative on the board.

Maharashtra has over 93,000 acre waqf land, most of which is encroached.

Vastanvi, who runs the Jamia Islamia Ishaatul Uloom at Akkalkuwa in Nandurbar, was removed as Deoband’s V-C in 2011 after praising Prime Minister Narendra Modi, who was then Gujarat’s chief minister.

The department, in its order to the CEO, said: “...the above mentioned serving/ former members of the waqf board have acted in a manner prejudicial to the interest of these waqfs,” which violated provisions of the Waqf Act, 1995.

A senior official confirmed the development. “We will be lodging FIRs under relevant sections of the Waqf act and Indian Penal Code, 1860. An action taken report (ATR) will be submitted to the department,” he said.

Shabbir Ansari, President, Tehreeq-e-Awqaf, who had complained about this to the state government in November 2017, sought stringent action against the guilty. He added that the waqf land could be monetised to develop educational institutions and employment avenues for the Muslims.

In the order, a copy of which is with DNA, the department charged that Vastanvi, who is a board member, had possessed 32 acre and 23 gunthas waqf land at Bhingar in Ahmednagar for his institution on a 99 year lease since 2003 through an “illegal agreement.”

It pointed to “serious strictures” by the Waqf tribunal in 2017 against Durrani and Fakih, which prima facie made it evident that “these waqf board members had acted in a manner prejudicial to the interests of waqf” and instead of protecting and restoring waqf properties, had brought upon pressure for their illegal distribution.

Six former and serving board members, including Jhaveri, Qureshi, Attar, Durrani, Fakih and Janimiyan, are charged with being signatories to a board resolution in 2013 for regularisation of the distribution of 288 plots on waqf land belonging to the Satranjipura Badi Masjid (Bugdadiya Nagar) at Nagpur.

The resolution was ratified in a meeting attended by the six and the board’s assistant CEO Aziz Ahmed. The order said this was an attempt to regularise the illegal distribution of waqf land and thus violated the Act, which stipulates alienation of waqf property without prior sanction of the board as an offence punishable with a term that may extend up to 2 years.

Earlier, DNA had reported about how the department had served notices to Vastanvi and Qureshi seeking explanations about why they should not be removed from the board.

Who said what 

Maulana Ghulam Muhammad Vastanvi, board member: My hearing before Shyam Tagade, principal secretary (minority development), was scheduled on September 21 (on a show-cause notice), but the department wrote to the CEO asking for the FIR to be filed on September 14. How can a case be registered before giving me a hearing? The reasons are political.

Adv Asif Qureshi, board member: This is politically motivated. I have replied to the department’s queries. Under the Act, action taken by the CEO or members in good faith is protected.

Habib Fakih, ex-member: This reflects the department’s vindictive attitude. Its previous orders disqualifying four members on various grounds have been struck down by the court. The confrontation began over the CEO’s appointment.

Abdullah Khan (Babajani) Durrani, ex-member: These charges are false. We will clarify our position in a press conference. There is no discussion on misdemeanours that happened before we took charge.

Ainul Attar, former government officer: This is a 2013 case, I do not recall the details.

Jainuddin Zhaveri, former Congress MLC and ex-member: I have replied to a notice sent by the principal secretary, minority development. The motion was submitted by the CEO. We would not have approved it if we were told it was ultra vires.

Sayyad Jamil Ahmed Janimiyan, ex-member: The resolution is correct according to the Waqf Act. We did not permit sale, but allowed regularisation.