The Last Words of Fateh Singh and Zoravar Singh (chote sahibzaade)

In Sri Gur Pratap Suraj GRANTH —the classical #Sikh source on history and philosophy, covering all 10 Gurus.

https://www.searchgurbani.com/sri-gur-pratap-suraj-granth/volumes

Volume 18, Rut 6, Ch 51, Verse 35-36.

Source :

The Roar and Rant of Razvi and his Razakars

A Publication by: Pragna Bharathi

  • Dr T.H.Chowdary

Sixty years ago on the 17th of September the seventh Nizam of Hyderabad ordered his army to stop fighting, and surrender to Indian forces. He expressed his decision to accede to the Indian Union, just like more than five hundred Princes, Nawabs and Rajus and Mahrajas had done earlier. The Nizam’s desire to be an independent sovereign, an Islamic king was finished.

Kasim Razvi, who was the Chief of the Ittehadul-ul-Muslameen (The Majlis-ithehadul-Muslameen, MIM of Owaisis is the successor to the Ittehad) raised a non-state, two lakh strong armed “volunteer force of Razakars, was asserting that sovereignty over Hyderabad state (Telengana and Marathwada and Hyderabad Karnataka) was not in the Nizam but with the Muslims of the state (9% of the population). Kasim Razvi’s Razakars (armed with swords, pistols, rifles and grenades and other explosives) were looting and setting fire to Hindus homes, raping and abducting women, to frighten Hindus into submission to the Islamic state-to-be of Hyderabad. Haijans forcibly converted to Islam and pressed into Razakars were specially tasked to be vengefully (against caste Hindus) ferocious and murderous Communists under the umbrella of Andhra Maha Sabha waged armed struggles in Nalgonda, Warangal (including Khammam) and Karimnagar districts, against the feudal lords as well as Razakars and almost established their rule in the “liberated” countryside. In the hope that they could liberate the whole of Telengana and establish a communist state, they supported non-accession to and Independence of the Nizam from the Indian union. The ban on the Communist party was therefore lifted on May 4, 1948 by the Nizam. Communists and Razaakars, each for different reasons, became “allies” in opposition to the Indian Union. The communistswaged war against the Indian forces from Sept 17, 1948 till Sept 1950, when under Stalin’s advice their remnants gave up arms and forged the People’s Democratic Front and participated in the General Elections in 1952.

Kasim Razvi and his Razakars held the Nizam in their grip and subverted the Nizam’s government for their purpose of defying India, striking alliance with Pakistan and hoping to arouse Muslim residents of India against the government in Delhi, if it dared to invade and integrate the Hyderabad state with the Indian Union. Given below are extracts from the incendiary, raving speeches of Razvi who held the Nizam and Muslims alike, in fear.

On 19 June 1947, Razvi laid down in a public speech that “to object to the Nizam’s firman of 11-06-1947 “declaring Nizam’s intention to be independent) is against loyalty. IT is the natural right of Hyderabad to declare independence and paramountcy rests with the Muslims” (9% of population; Hindus 91%)!

On 27 July 1947 Ittehad celebrated Independence Day in Hyderabad City. Razvi declared that Hyderabad was free and independent and threatened direct action (like that Mohammed Ali Jinnah’s Muslim League launched on 16 Aug 1946 to divide India and create Pakistan) against the Nizam’s government if it ever acceded to the Indian Union.

In November 1947, Kasim Razvi met with Sardar Patel in Delhi. The meeting was contrived by one Sri Joshi, a Gujarati businessman of Jalna, and a minister in Nizam’s cabinet. Here is what transpired.

“Well asked the Sardar, ‘what do you want?’

Razvi had the look of a fanatic, his rolling eyes emitting fire as if he were possessed. He glared angrily for a moment. Joshi was nervous, but Sardar’s eyes were unflinching.

Razvi broke the silence by saying, “I want a change of heart from you”.

When he so wished, Sardar could make silence very uncomfortable. At Length he remarked, ‘A change of heart is only necessary for one whose heart is full of poison.’

‘Why don’t you let Hyderabad remain independent?’ asked Razvi.

‘I have gone beyond all possible limits. I have conceded to Hyderabad what I did not concede to any other State,’ returned Sardar.

‘But I want you to understand the difficulties of Hyderabad, ‘pursued Razvi.

‘I don’t see any difficulty unless you have come to some understanding. With Pakistan, was Sardar’s reply.

‘If you do not see our difficulties, we will not yield,’ cried Razvi working himself up to a state of excitement. We shall fight and die to te last man for Hyderabad.

‘How can I stop you from committing suicide if you want to? Sardar Blandly replied.

‘You do not know the Muslims of Hyderabad; repeated Razvi. We shall sacrifice everything for our independence.”

‘If it comes to sacrifice, India has shown what it can do, but Hyderabad

Has yet to show what it can’, came the cool reply.

Razvi now began a hysterical tirade on the shedding of blood for the Deen and the Millat. Sardar listened in stolid silence to what Razvi had to say and, when he paused for breath, said, I would advise you to see the sun before it is too late. Do not plunge into darkness while the light is still visible…

“Weapons Week” was celebrated in March 1948 at Dar-us-salam, the official s HQ of the Ittehad (it is now with MIN, its successor). On the last day 31st March 1948 razvi took the salute at the march past of the Razakars and spoke:

“If India is free today, remember it was due to the sword and arms of Muslims. (The victory of India over Pakistan in Kargil in 1999 was claimed by a Muslim leader of Samajwadi party of UP to be due to Mus- lim soldiers in the Indian Army- Razvi relives in the words of this “secular” ally of Mulayam Singh)

After the rally at the end of the “Weapons Weak was over, Razvi rated: Hyderabad is an Islamic State. The Indian Union is trying to wipe out this Muslim rule from the Deccan. Remember that there are four-and-a- half crores of Muslims in the Dominion, looking to us to raise the banner of this Islamic State…

Ittehad expects every Muslim to do his duty. I am glad that Muslim women are also coming forward to help the Razakars. I appeal to my Muslim sisters to support whole-heartedly this movement, and, if possible to train themselves in the art of self-defence. The time is not far off when we have to throw our entire weight to maintain the integrity of this Islamic State. We have been ruling the Deccan for the last 800 years and we shall rule it whether the Indian Union likes it or not.

Power has come to the hands of the Indian Union after one thousand years They are not capable of ruling. That is the reason why they lost it to the Muslims. Now, when that power has come to them, they think they can browbeat us and terrorise us by bullying and blustering…

When once the Indian Union makes any aggression on us, remember the 41/2 crores of Muslims will raise the banner of revolt. We will give back in the same coin and speak to them in the same language that they will understand…

I know every one of you is imbued with the spirit of jehad. Remember Karbala. A Muslim is a warrior. He is a first-class fighting man. Indeed, Indian History is full of glorious episodes of the heroism of the Muslims. If India is free to-day, remember it was due to the sword and arms of the Muslims. A Muslim is a born fighter and a protector of the weak.. His one central ambition is to fight for a right and just case. He will be guided by the great tenets of Qoran. Now, my Muslim brothers, onward march. Never put back your sword into the sheath till your object is achieved. Stop not till you reach your goal (cries of Delhi Chalo). Hound out the enemy. Do not spare him. Mind not your troubles. We believe in God. We have no other friends except Allah, who has created this Islamic State and who shall never let us down. Qoran is in one hand and the sword is in the other, let us march forward; cut our enemies to pieces; establish our Islamic supremacy…

I know the helplessness of our Muslim brothers in the Indian Union. Let us by our example of unsurpassed heroism, courage and vision, extend the much-needed succourt them.. They will be our ‘Fifth Columnists’ in the union. Now the Union is thinking of a ‘Fifth Column’ among us. We shall turn the tables and they will understand the character of the Mussalman.. A Hindu who is a kafir, a worshipper of stone and monkey (laughter), who drinks cow’s urine and eats cow dung in the name of religion (renewed laughter), and who is a barbarian, in every sense of the word, wants to rule us! What an ambition and what a day-dream!…

My heart is bleeding. The Hindus want to repeat the same holocaust that they had staged at Delhi. Their methods of coercing Hyderabad to be a mere vassal is the typical example of the ‘Bania’ rule. The only answer to them is the naked sword. I may e here to-day, and perhaps not tomorrow. But I can assure you, my brethren, if you want to see Kasim Razvi in the midst of our life and death struggle, look for him not in the palatial buildings of Banjara, or in pleasant tea parties, but in the midst of the battle-fields (cries of Allah Ho Akbar and Siddisque Deccan Zindabad). You will see me slaying or being slain with sword in my hand and he Qoran in my body….

I repeat to you the couplet of the immortal poet Iqbal: ‘What’s it in life, life is only the means to the end, the eternal end; to lay it down in the cause of Islam’. Now I bid you god-speed; protect your Islamic State; protect your blood brothers in the Indian Union and your Islamic rule”

On April 8, 1948 in another violent speech Kasim Razvi raved: “ Hyderabad will shortly recover the Ceded districts and the day is not far off when the waves of the Bay of Bengal will be washing the feet of our sovereign, who will not be called the Nizam of Hyderabad and Berar, but also of the Northern Sarkars.” No wonder the MIM is now extending its activities to these areas.

In his speech to his crowds, on May 3, 1948 he spoke:

What kind of freedom have you (India)? You (India) presume to deliver sermons on freedom to the world. But just look at yourself, look at your condition and see what kind of freedom you have achieved. There is Pakistan in your neighbourhood; take a lesson from it. It can teach you constitution and law. The main purpose behind law is peace and prosperity. Everywhere in Indi a you find anarchy. (It is) a country where there is nopeace and security and where loot and murder are of daily occurrence. (On the oteh r hand) there is no oppression and anarchy in your State.”

(-take a lesson from Pakistan! (Sunnis killing Shias and vice versa; both killing Ahmedias and Christians; and forcibly converting Hindus- should India learn to do so?)

Muslims have always created a new geography for themselves. Very soon the boundaries of Hyderabad will expand for beyond Delhi, and the Asafia Flag will fly over Delhi. Yes, I am seeing the Nizam (Asafe- Sabia) marching towards Delhi.

On June 10, 1948 he said:

Following the example of Muslims of early days they should not remain content with the small piece of Pakistan…. We are re-writing the map of India by bringing together a union of Jumna and Musi (the river which flows through by Hyderabad). We are the grandsons of Mahmood Ghaznavi and the sons of Babar (were they Indians or foreigners). When determined, we shall fly the Asaf Jahi flag on the Red Fort. 

They (the Muslims) would not be content with one Pakistan in the Deccan,” They would knit India and the world into Pakistan. Did not their forebears do the same thing 1,300 years ago?’ he concluded. 

In another speech on June 12, raved: 

It is because, as they themselves say, when Lord Mountbatten leaves India, massacres will start again. My Hindu brethren, the Muslims have ruled over you (Hindus) for 900 years; therefore, I have sympathy with you. If I had wished, I could have exterminated you. (A Muslim leader of Hyderabad declared recently that if the Indian Army did not intervene for 15 mnts, his men could wipe out all Hindus…is this not inspired by Razvi)

Razvi had distributed arms to his followers and given orders for indiscriminate massacre when the Indian army entered Hyderabad. Fortunately the “heroic” Islamic warriors dared not to kill any.

Peace in the hearts… 

Speaking from the balcony of the Fateh Maidan on 27 Feb 1949, Sardar Patel said: 

“there is now peace in the State on the surface but as long as there is not peace in the hearts of the people there can be no progress. During the recent past you have had to undergo a lot of difficulties…but thank god, those difficulties have now been removed and the people saved”. 

(Can we say that there is peace in the hearts of people who cherish the Razakars and almost repeat their words?)

 “…freedom has been achieved but the ordinary citizen should not say there had been greater security in slavery than under freedom…”

(Yes, with kabjedars and jihadis; and infiltrator hosts abounding in Hyderabad)

Not all Moslem intellectuals were Razakarists. Shoebullah Khan was an intrepid, nationalist, journalist and editor of Imroze who was boldly and persistently urging the Nizam to accede to the Indian Union. On 22 August 1948 he was shot dead and his hands cut off, as ordered by Kasim Razvi. The Ittehads were liquidating their enemies, just as ISIS And Pakistan’s jihadis and their likes in India are doing now. India Must not allow Razakarism to rise again.

(Source: The Book, “The End of an Era” by K M Munshi, published by Bharatiya Vidya Bhavan)

Fact check: Is Adani group a Modi government creation?

By: Akhilesh Mishra – CEO, BlueKraft Digital Foundation

Recently, Adani group has been projected to be some sort of a Modi government creation. This is not just true about the international media post the stocks downturn, but also in the way vested Indian interests have commented.

What is the reality?

Adani saga began in 1985 when Rajiv Gandhi govt put PVCs in open general license category. PVC was main raw material for Adani family’s plastic business. Adani negotiated a deal with Gujarat State Export Corporation (Congress govt) to import PVC thus earning huge margins.

Flush with profits from PVC business, flagship Adani Enterprises was born in 1988 & listed in 1994. Main business of Adani then: initially import/export of commodities and then soon it became India’s biggest coal trader & coal mining contractor. All under Congress govt.

Next phase of Adani growth came in 1995. Unsuccessful partnership with Cargill to farm salt gave Adani unused 7,000 acres of land in Mundra. With ports liberalized in 1991 by Narasimha Rao govt, Adani entered a deal in 1995 with Gujarat Maritime Board to develop Mundra.

The Mundra port, that Adani started under Congress government, soon became operational. MT Alpha-2, a 1982 built product tanker of 4671 DWT capacity- became the first small tanker ship to have anchored at Mundra Port on 7 October 1998.

First phase of Mundra port completed in the year 2000 itself by which time Adani had already invested over Rs. 3,700 crores. In fact Mundra became a model to develop other ports like Pipavav, Dahej and Hazira under BOOT model of 1997.

Then came UPA Government under Dr. Manmohan Singh. Between 23rd June 2006 & 11th August 2008, UPA approved six SEZs of Adani group in Mundra. All these 6 approvals were merged into one vide S.O. number 1365 (E) of 27th May 2009 with additional land grant of 258.2112 Ha.

Adani’s mining & power generation operations also got their boost during UPA period. The MDO operations first commenced commercial operations on April 8, 2013 under its agreement with Rajasthan power utility. Then government in Rajasthan – Congress.

https://economictimes.indiatimes.com/industry/indl-goods/svs/metals-mining/adani-commences-coal-production-at-rrvunls-chhattisgarh-mine/articleshow/19441534.cms

But much before 2013, in year 2010 itself,Adani group had acquired Carmichael coal mine in Australia, which subsequently faced lot of environmental issues. This international foray took place when central government was of UPA under Dr. Manmohan Singh. But this was not all.

That same year 2010, Adani group signed agreement with Indonesian government mining company PT Bukit for 60% rights over it coal reserves in lieu of Rs. 7,500 Cr investment. Govts of Maharashtra & Odisha also signed MDO agreements with Adani group.

https://economictimes.indiatimes.com/industry/energy/power/adani-signs-1-65-bn-deal-with-indonesia-for-sourcing-coal/articleshow/6433232.cms

Adani’s group’s plans to emerge as India’s leading power producer were reported in 2008 itself, when UPA was in power. The plans in 2008 included investment of Rs, 45,000 Cr over next 5-7 years to set up 10,000 MW generating capacity.

https://www.businesstoday.in/magazine/features/story/gautam-adani-the-man-who-wants-to-be-infrastructure-king-129418-2008-03-31

The first unit of 4,620 MW coal-fired mega thermal plant at Mundra was commissioned in 2009 itself when UPA was in power. By 2011, Adani group had already emerged as India’s leading private thermal power producer surpassing Tata, Reliance & Essar.

https://indianexpress.com/article/cities/ahmedabad/first-unit-of-adani-s-mundra-power-plant-bec/

Even in renewables, Adani group has set up and commissioned its first solar powered plant in January 2013 itself, again while UPA under Dr. Manmohan Singh was in power at center.

https://www.business-standard.com/article/companies/adani-group-commissions-largest-solar-power-project-112010500160_1.html

What do all the above links and Adani group’s expansion pre-2014 prove? That the Adani group was already a multi domain mega conglomerate much before 2014; that it had gained approvals across sectors under UPA government and charted future growth plans basis these.

Post 2014 policies of Modi government have helped Indian businesses expand across all domains – fact reflected by more than doubling of the BSE index or the exponential growth in Startups & Unicorns. Adani group’s growth post 2014 is part of same across-the-board phenomenon.

It is not as if post 2014, opposition governments have not courted Adani to leverage the groups’ strengths. Bengal CM

@MamataOfficial met Adani in Dec 2021. Soon enough, Rs. 10,000 Cr investment was announced.

https://www.telegraphindia.com/west-bengal/gautam-adani-group-commits-to-invest-rs-10000cr-in-bengal/cid/1861492

Congress M.P.

@ShashiTharoor was personally present at ground breaking ceremony of Vizhinjam Port in 2015. More recently, Adani group announced takeover of the Thiruvananthapuram airport. Tharoor again welcomed it.

More recently, the entire

@PawarSpeaks clan descended to welcome Adani group in Baramati with Sharad Pawar’s nephew personally driving Adani from airport.

But this is not all. There are innumerable examples of non-BJP governments welcoming Adani group in their states for investments in multiple industrial development projects. From Chhattisgarh to Punjab and from Rajasthan to Jharkhand, the list is all encompassing.

Adani group in Chhattisgarh: Permission for mining in Hasdeo Aranya coalfield despite reservations; Hand over of Gidhamudi and Paturia coal mines in Korba district; Jhigador mine given to Adani in auction in August 2021.

https://www.adaniwatch.org/how_a_massive_adani_coal_project_in_india_s_hasdeo_forests_overcame_all_obstacles

Adani Group in Rajasthan: Congress government leased 1,600 hectares of land across various zones in Rajasthan to Adani Group for 1,500 MW solar park; Another Rs. 50,000 Cr investment for 9,700 MW Hybrid energy park (wind+solar).

https://www.nationalheraldindia.com/india/ashok-gehlot-led-rajasthan-now-tops-country-in-solar-power-generation

Adani Group in Maharashtra: Shiv Sena-Congress-NCP coalition government handed over the Dighi port to Adnai group to build alternative gateway to JNPT; A total of 49% stake in Maharashtra Border Check Post Network given to Adani group.

https://www.thehindubusinessline.com/companies/adani-acquires-49-in-maharashtra-border-check-post-network/article35944091.ece

Adani Group in Punjab and Jharkhand: Punjab: Power supply contract under Congress government in 2021; Jharkhand: SEZ award covering over 425 Hectares and Rs. 14,000 Cr investment. Soren govt continues to support this and even gave relaxations.

https://www.financialexpress.com/industry/adani-power-wins-short-term-contracts-to-supply-6100-mw-to-punjab/2134879/

Adani Group in Kerala: Allotted India’s first ever and ambitious international transshipment project in Vizhinjam. The Left front government has even been accused of giving undue favors to Adani group by not imposing penalties for delay.

https://www.newindianexpress.com/states/kerala/2021/oct/12/kerala-govt-failed-to-make-adani-group-pay-damages-for-vizhinjam-port-delay-opposition-2370528.html

To sum up, the spin by international media, aided by perennial Modi haters, has inverted history once more. Adani Group made its entire name during Congress rules under multiple PMs – from Rajiv Gandhi to Manmohan Singh. Post 2014, it has flourished as rest of India has.

All you wanted to know about Waqf – FAQ

A few headlines and article ignited this writer’s interest in waqf.

One was the statement that “India has the largest Waqf land in the world? As per estimation by Sachar Committee Report, 2006 there are about 4.9 lakh registered Waqf properties comprising of about 6 lakh acres of land, approximate market value of these properties is Rs. 1.20 lakh crore.” Source Maharashtra alone has 92,000 acres of land as Waqf properties. Source

Bar & Bench story said, “The Supreme Court recently held that in the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers or Namaaz (Waqf Board Rajasthan vs Jindal Saw Limited).” Source

Another recent Supreme Court order stated that, “Land dedicated to religious and pious purpose is not immune from being vested in the state. Waqf Board is part of State under Article 12. The Board had the power to declare a land as Wakf property but any such exercise required a thorough enquiry and hearing the other side. In the present case, no such enquiry was conducted as required under Section 40 of the Act and hence the notification was termed bad in law.” Source Hindustan Times

(All through the essay Hindus, Buddhists, Jains and Sikhs are referred to as ‘Followers of Dharma’. Wherever section numbers are given it means, unless stated, it is a reference to The Waqt Act, 1995).

At the outset must state that I am a Chartered Accountant, not a lawyer and subject expert. Errors if any are unintended and without malafide intent. Format of FAQ is question, answer and observations in blue. In case of any error please mail with references. The purpose of this FAQ is to provoke thought. One does not claim to know all.

Q1. What is the concept of Waqf?

A1.“Section 3(r) of The Waqf Act, 1995 defines ‘waqf’ as the permanent dedication by any person of any movable or immovable property for any purpose recognised by Muslim Law as pious, religious or charitable.” 3

This Indiatimes report explains, “In simple words, waqf is a property which is used for religious and charitable purposes. In Islamic law, a waqf property is permanently dedicated to Allah, and once a property is dedicated as waqf, it remains as waqf forever signifying that a waqf is perpetual, inalienable and irrevocable in nature.”

According to the Madhya Pradesh Waqf Board site, “Waqf is a Voluntary, permanent, irrevocable dedication of a portion of one’s wealth-in cash or kind- to Allah. Once a waqf, it never gets gifted, inherited, or sold. It belongs to Allah and the corpus of the waqf always remains intact. The fruits of the waqf may be utilised for any shari’ah compliant purpose.”

According to an Indian Express report, “The waqf is similar to a trust established under the Indian Trusts Act, 1882, but trusts can be set up for a broader purpose than religious and charitable uses. 2 (See Q23/24 for more on this).

Q2. How is Waqf created?

A2. “A waqf can be formed through a deed or instrument, or a property can be deemed waqf if it has been used for religious or charitable purposes for a long period of time.” Source IndianExpress

A non-Muslim can also create a waqf but the individual must profess Islam and the objective of creating the waqf has to be Islamic.

Section 3 (s) states, “Waqf deed” means any deed or instrument by which a Waqf has been created and includes any valid subsequent deed or instrument by which any of the terms of the original dedication have been varied.”

According to Section 36, it is mandatory to register all waqf at the office of the board. The application of registration shall be made by the mutawalli. 3

Q3. Can a piece of land (public or private) be declared Waqf property just because it is used for praying purposes for say 3 years?

A3. No, a piece of land (public or private) used for praying purposes for say three years cannot be construed as a Waqf property.

Q4. Who is a Waqif?

A4. Waqif is a person who creates a waqf for the beneficiary. Section 3 (a) of the 1995 Act states, “beneficiary means a person or object for whose benefit a (waqf) is created and includes religious, pious and charitable objects and any other objects of public utility sanctioned by the Muslim law.”

Q5 How are Waqf properties managed?

A5. Properties are managed by Waqf (equivalent of a Trust) and State Waqf Boards.

According to section 13 (3), “The Board shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property and to transfer any such property subject to such conditions and restrictions as may be prescribed and shall by the said name sue and be sued.”

If conditions prescribed under the Act are fulfilled the state shall have separate boards for Shia and Sunnis. For e.g. West Bengal board site say it is a body corporate.

Q6. Is the Waqf Board a Section 8 company under the Companies Act or a Trust?

A6. Legal sources indicate it is neither a Section 8 company nor a trust? Was it then created by a special statute?

Q7. Who can be Members of the state level Waqf Board?

A7. According to section 14, members of the Waqf Board must be Muslims be it a MP, MLA, Member of the Bar Council, Expert in Town Planning or Management, scholar in Islamic Theology and not below the rank of the joint secretary. Simply put, being a Muslim is a pre-requisite. The State Boards shall have a Chief Executive Officer (only Muslim) appointed by the State government. A mutawalli will look after individual properties.

Q8. Can Waqf Board accept donations and issue receipts under section 80 (G) of the Income-Tax Act 1961.

A8. Legal sources say Yes..

Q9. Does the CEO of the State Waqf Boards have to be Muslim?

A9. Yes according to zakatindia site. ((Section 23 states the CEO has to be a Muslim). Members of the board also have to be Muslim. Of the 32 State Waqf Boards, 27 of the Chief Executive Officers are Muslims with 5 posts being vacant (accessed on 29.5.22 at 1.15 pm)

Q10. What is the Central Waqf Council?

A10. State Waqf Boards are also responsible to the Central Waqf Council of which a Union Minister is ex-officio Chairman. The Central Waqf Council presently has 8 members, all Muslims. See here Also see Q16 The Council’s expenses are paid for by the Waqf Board.

Is there a similar Central Council for managing Hindu temple and heritage properties?

Must a Union Minister be the Chairperson of a religious body in a so called secular (whatever that means) state?

Q11. When was the law on Waqf introduced?

A11.The Mussulman Wakf Act, 1923 was introduced by the British.

Note that the British first introduced The Madras Religious and Charitable Endowments Act 1925. It drew large protests from Muslims and Christians. Thus, it was redrafted to exclude them, made applicable to Hindus only and renamed as the Madras Hindu Religious and Endowments Act 1927. In 1925, the Sikh Gurudwaras Act was passed that brought gurdwaras under the control of an elected body of Sikhs. Independent India continued with these laws.

So the British had one set of laws for Hindus and another for the rest.

The Indiatimes report adds, “The Waqf Act, 1954 was the first of its kind. It underwent many amendments. Finally, The Waqf Act 1995 was enacted. This Act established the Central Waqf Council and State Waqf Boards.” The reformist Hindu Succession Act 1956 was passed for the Followers of Dharma.

Q12. Does the Waqf Act 1995 apply all over India?

A12. The 1995 Act states it is not applicable to the state of Jammu and Kashmir and Durgah Khawaja Saheb, Ajmer to which the Durgah Khawaja Saheb Act, 1955 applies. (Section 2)

Post abrogation of Article 370 the Act is applicable to the Union Territory of Jammu and Kashmir. However, there is a request for certain changes.

Q13. What is the origin of Waqf Land?

A13. Author Praful Goradia wrote in Daily Pioneer, “The institution began with a place called Khaybar in Arabia. It was the genius for turning a conquered property into an inalienable ownership. Another commentator, Ahmedullah Khan has recalled several properties which were brought under Waqf much earlier. For example, the dargah of Moinuddin Chishti at Ajmer Sharief as well as Nagaur in Rajputana.” 1

The Survey Commissioner (who undertakes preliminary survey of Auqaf) shall, while making any inquiry, have the same powers as are vested in a civil court. (Section 4 of 1995 Act).

Question:Does a surveyor of a Mutt, Temple, Gurudwara have similar powers?

According to Section 8, “The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.”

Question:Should tax payer’s money be used for what is purely private property?

Q14. Can land and heritage structures owned by Muslim Rulers before Independence become Waqf property?

A14. Legal sources say both can become waqf property!

Q15. 200 acres of land were given by King Achyuta Deva Raya, younger brother of Krishna Deva Raya to Shahul Hameed Auwliya for the Nagore Dargah? Source

A15.Legal sources state, “As far as time is considered, for a land to be ascertained as waqf, it can be since the Islamic Law comes in picture.” This matter needs to be examined further.

Q16. What is the source of income of Waqf Board and Central Waqf Council?

A16. Under Section 72 mutawallis are liable to pay to the State Waqf Board 7% of the net annual income derived from waqf properties of which the net annual income is not less than 5000 rupees.

Section 10 (1) of the 1995 act states that every state waqf board should pay from its waqf fund annually to the council 1 % of the aggregate of the net annual income of the waqf.

Q17. All the funds received by the council from the state waqf boards and all the funds received as donations, benefactions and grants will be deposited in the Central Waqf Fund (section 10 (3). Source BlogIpleaders.in Is surplus of income over expenditure chargeable to income-tax?

A17. Legal sources state that a surplus of income over expenditure of the Waqf Board or Central Waqf Council is liable to income-tax.

Q18. How can Waqf Board income be used?

A18. The proceeds are typically used to finance educational institutions, graveyards, mosques and shelter homes.

Q19. Do educational institutions mean those providing secular or religious (madrassas) education?

A19. Legal sources say covers both.

Q20. Who is a Mutawalli?

A20. “A ‘mutawalli’ is appointed by a waqif, or by a competent authority, to manage or administer a waqf.”

According to Section 71 of the 1995 Act, the mutawalli of every waqf, whose net annual income exceeds Rs 5,000/ shall out of such income pay the Waqf Board a sum not more than 7% of such annual income.

Q21. Who pays the salaries of Mutawalli and other Waqf Boards employees?

A21. According to section 77 (4) of the Act, from the monies received by the Waqf Board and kept in the Waqf Fund shall be paid salaries and allowances of the officers and staff of the board.

Notwithstanding the above, whether Mutawallis; are paid by the state government or waqf board is not clear and may vary from state to state. For e.g. in Rajasthan, the Waqf board asked the state government for funds to pay employee salaries.

Q22. Can a Waqf Board give up its claim to any disputed site?

A22. Since waqf cannot be alienated unilaterally, any unilateral claims by the chairperson of the waqf will have no legal value or bind the Muslim community. Alienating waqf property without prior approval of state Waqf boards is an offence and special tribunals established under the Waqf Act have jurisdiction to deal with such disputes.” Source Indian Express

Q23. Does the Charity Commissioner have jurisdiction over Muslim Trusts?

A23. According to Maharashtra Waqf Board site, “Now Charity Commissioner has no jurisdiction to Register and decide any issue of Muslim Wakfs or Collect fund or taxes etc. after 1-1-1996. No Muslim Trust/Wakf should approach Charity Commissioner Office, nor they are supposed to pay any Taxes to them. All the issues of Wakfs will now be decided by Wakf Board.”

Q24. Comparing Trust vs Waqf!

A24. According to this article in Corpbiz.io some differences are-

Trusts: Religious intention is not obligatory for a trust. It must have lawful object.

Waqf: Must be religious motive behind generating a waqf. The purpose must be charitable, pious, or religious according to the Muslim belief. Property is inalienable, irrevocable, and perpetual.

Q25. Review of Telangana Waqf Boardwebsite (accessed on 30.5.22 at 4.15 pm)

A25. “In the erstwhile Hyderabad state, all religious matters including Endowments and Waqf Institutions were being administered and controlled by the Department of Ecclesiastical Affairs known as Umoore-Mazhabi. Under the provisions of Wakf Act 1995 the Waqf Board is a corporate body having perpetual succession.”

“Its objectives are Protection of Waqf Properties, Constructions and repairs to Masjids & Waqf Institutions and Maintenance of Haj House.”

Site has sections for issue of a Marriage and Divorce Certificate. According to a June 2022 report in Livelaw the Supreme Court opined, “Arya Samaj has no business giving marriage certificate. This is the work of authorities. Show the real certificate.”

Total income as reported is Rs 6 crores. Of this 1% goes to the Central Waqf Council and 6% as payment of salaries to staff and expenditure. E.g. of expenditure – facilities for devotees, ITI at Mahboobnagar, School at Nizamabad and in number of mosques morning shift schools to enable Muslims to get acquainted with Islamic studies.

Question:Conversely, Hindu Temples are controlled by the government. Does the law allow Hindu temples to teach Vedic studies?

Q26. Review of Madhya Pradesh Waqf Boardsite (accessed on 30.5.22 at 4.49 pm)

A26.Total Income in 2019-20 Rs 4.14 crs (previous year Rs 2.73 crores). Income includes government grant of Rs 2.58 crores and Rs 1.08 crs (increase of Rs 1.5 crores in 2019-20 is due to government grant).

The board owns hundreds of hectares of agricultural land across districts and invites proposals for commercial development of waqf land.

The West Bengal Waqf Board site shows objectives: registration/enrolment of waqf properties, distribution of scholarship to poor and worthy students, honorarium to Imams and Muazzins and development of auqaf properties. It is a corporate body.

The Uttar Pradesh Waqf Vikas Nigam was set up in 1987, “with the main objective of strengthening the economic condition of the Waqfs located in the state as well as working as a departmental construction agency.”

Comment:A reading of the above indicates that Equality before Law is a myth?

Q27. Who decides if a property is Waqf property?

A27. According to Section 40 when the board has reason to believe that certain property is waqf property it may, after making such inquiry as it may deem fit declare it to be a waqf property. Its decision is final unless revoked or modified by the Waqf Tribunal.

Where the Board has any reason to believe that any property of any trust or society is waqf property (section 40 (3)), “and if after such inquiry the Board is satisfied that such property is waqf property, it may ask the trust or society either to register such property under this Act as waqf property or show cause why such property should not be so registered. Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered.” Thereafter, the Board may issue such orders as it may deem fit, which is final unless modified or revoked by the Tribunal.

Q28. Does the Waqf Board have to give a notice the general public and to conduct an open hearing to enable the affected persons or the persons having interest or title over the property to present their case?

A28. Legal sources state apparently NO. Appears rather unusual.

Q29. Implementation of decisions of Waqf Boards?

A29.According to Section 28 the 1995 Act, “Subject to the provisions of this Act and the rules made thereunder, the District Magistrate or in his absence an Additional District Magistrate or Sub-Divisional Magistrate of a District in the State shall be responsible for implementation of the decisions of the Board which may be conveyed through the Chief Executive Officer and the Board may, wherever considers necessary, seek directions from the Tribunal for the implementation of its decisions.”

Question:Does this imply that the District Magistrate has to implement the decisions of the Waqf Board, without asking any questions? This too seems rather usual and contrary to basic tenets of law, at least in a democratic nation.

Are Followers of Dharma allowed this privilege?

Q30. Do Civil Courts have jurisdiction over the Waqf Board?

A30.The Madras High Court came to the conclusion that civil court has no jurisdiction as per Section 85 of The Waqf Act, 1995 and all the issues related to waqf and waqf properties ought to be presented before the waqf Tribunals. SourceRead Controversies associated with the 1995 Act.

Q31. Where can one appeal against decision of Wafq Tribunal?

A31. Anyone who is unhappy with the decision of the Wafq Board can appeal to the Wafq Tribunal relating to waqf or waqf property (Section 83).

Section 83 (5) states that, “The Tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court.” Section 83 (7) states, “The decision of the Tribunal shall be final and binding and it shall have the force of a decree made by a civil court.”

Question:Is there a similar Tribunal structure for Followers of Dharma?

Section 83 (9) states, “No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal.” However, a High Court may under certain conditions review the Tribunal’s decision.

Q32. According to the Waqf Act 1995, does income received from Waqf properties to be used for the benefit of Muslims only or benefit of all Indians.

A32.Legal sources state both (even foreigners).

Q33. Applicability of Limitation Act?

A33. Section 107 provides that the 1963 Limitation Act shall not apply to suit for possession of immovable property comprised in Waqf or possession of interest in such property.

Simply put, this section gives unlimited power to theWaqf Board to recover any property in the name of Waqf after any number of years. However, this Act includes of recovery of property belonging to Hindus Jains Buddhists and Sikhs. 4

What section 107 does is that Waqf Boards have been given free hand to recover any property even after 50 years but Hindus cannot recover their properties after lapse of limitation period.

Q34. Before 2013, in S. 8, there was provision that the cost of making survey publication of the list of Waqf shall be borne by all the mutawalli of the Waqf.

A34. But now Section 10 of the 2013 amendment reads: “The total cost of making a survey including the cost of publication of the list or lists of auqaf under this Chapter shall be borne by the State Government.”

Question:Why should the cost of survey and publication of private property be funded by tax-payers money?

Q35. What is National Waqf Development Corporation Limited (NAWADCO)?

A35. To fill the gap of development deficit NAWADCO was established with an authorized capital of Rs 500 crore and paid up share capital of Rs.100 crore, on 31st December, 2013 with a specific mandate to develop invaluable Waqf properties across India and to enhance the income of State Waqf Boards/ Waqf institutions for socio economic empowerment of the minorities.” Source

NAWADCO’s Board of Directors (accessed on 29.5.22 at 1.14 pm) consists of 3 IAS Officers, 1 IRS officer and two Independent Directors, 1 of whom is a CA and another a Muslim. Source

Its objectives are “To act as a specialized financial and developmental institution for the development of Waqf properties, To provide consultancy i.e. managerial, financial and engineering to the Waqf Boards/ Waqf Institutions and Mutawalli, To arrange financial assistance based on Islamic Shariah Principle, Guiding Waqf Boards/ Waqf Institutions and Mutawalli for the management and utilization of surplus income based on Shariah Principles.” Source

According to NAWACO site, “Agreement has been executed by and between NAWADCO & Haryana Waqf Board to develop land parcel at Panipat.”

Questions:Must a secular government arrange financial assistance based on Shariah principles? Does the government make such exceptions for non-Muslim communities?

Q36. Are Hindus denied Right to Equality because of Waqf Act?

A36. The special status given to Waqf properties violates Articles 14 and 15 of the Constitution. Article 14 guarantees equality before law and equal protection of law whilst Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth.

Trust and religious endowments of all communities are governed by the “Religious Endowment Act 1863, Indian Trustees Act 1866, Indian Trust Act 1882, Charitable Endowment Act 1890, Official Trustees Act 1913 and Charitable and Religious Act 1920.” 4

Q37. What is a Section 8 Company under the Companies Act, 2013?

A37. The Telangana and West Bengal Waqf Board sites say it is a corporate body. Thus, it can be a Section 8 company or a company created by a Statue.

According to an Institute of Company Secretaries of India booklet objects of a section 8 company must include, “promotion of commerce, art, science, sports, education, research, social welfare, religion, charity, protection of environment or any such other object.” Its profits have to be used for these objects and it cannot pay dividends.” For income-tax read on.

Q38. Do the activities of the Waqf Board fall within section 2 (15) of the Income-tax Act 1961, which defines ‘charitable purpose’?

A38. Legal sources say Yes provided their work is covered under 2(15).

Q39. What is Charitable Purpose under the Income Tax Act 1961?

A39. Under 2(15), “Charitable Purpose includes relief of the poor, education, medical relief, preservation of environment (including watersheds, forests and wildlife) and preservation of monuments or places or objects of artistic or historic interest, and the advancement of any other object of general public utility.” Source incometaxindia.gov.in

Q40. Can Waqf Board issues receipts, for donations received under section 80G of the Income-Tax Act?

A40. Legal sources say Yes.

Comment:However, it needs to be examined if Waqf/Board are registered as a religious charity and its charitable purpose is covered by section 2(15) stated above.

However, the word religious purpose is not defined in the Act so not clear if the work is considered religious or and charitable.

In comparison any trust that engages in religious preaching, or works for a particular caste or creed, is not eligible for 80G certification. According to a research paper prepared by CA Sunil Talati, “Normally the religious trusts are not allowed to be approved under section 80G. However, Section 80G (5B) allows for a charitable organisation to have a religious activity not exceeding 5% of the total income in that previous year.”

Comment:So, the basis on which Waqf Boards issue 80G certificates needs to be ascertained.

Q41. Do section 8 companies have to comply with Section 11 of the Income-tax Act 1961 i.e. income from property held for charitable or religious purposes?

A41. According to Section 11, income received from property under a trust or voluntary contributions with a specific direction that they shall form part of the corpus of the trust shall not be included in the total income provided the trust spends, for charitable or religious purposes, 85% of the amounts so received in the year of receipt. If such 85% is not spent, it can be accumulated or set apart, provided certain conditions are fulfilled, which shall in no case exceed five years.

Question:Does such a provision apply to Wafq income?

Closing observations:

1Clearly, there is no equality before law on Trust vs. Waqf matter!

2Should the law provide circumstances under which waqf property can be alienated?

3In a Constitution driven state can dedication of any property, waqf or otherwise i.e. part of India, be perpetual, inalienable and irrevocable in nature?

4. Should India to have a “Uniform Law for Trust and Trustees, Charities and Charitable Institutions, and Religious Endowments and Institutions?”

This article was first published in www.swarajyamag.com and HERE

References

1. A Historical perspective on Waqfs in India

2. How is a Waqf created and laws that govern such properties

3. Understanding Essential Provisions of the Waqf Act 1995

4. Petition in Delhi High Court dated 18.4.2022

5. No proof of existence of mosque: SC dismisses Rajasthan Waqf Board plea

6. Big Jolt to Waqf – Talk on May 1, 2022

7. FAQ on Section 8 Companies by The Institute of Company Secretaries dated August 5, 2016.

8. Mohammaden Trusts under Muslim Law (includes comparison of Trust vs Waqf)

9. NGO registration and legal procedure

10. Section 11 of the Income-Tax Act 1961

11. Section 12 of the Income-Tax Act 1961

12. Section 12A of the Income-Tax Act 1961

Credit: eSamskriti 

RSS Sarsanghchalak on Ravidas Jayanti

It is increasingly becoming evident that media houses need good translators who can translate Bharatiya languages into English & also get a culture course. This is once again proven by the media reports on Dr. Mohan Bhagwat’s speech ( in Marathi ) on Sant Shiromani Sant Ravidas on his Jayanti, Magha Purninma, 5th Feb 2023 at Mumbai.

What RSS Sarsanghchalak, Dr. Mohan Bhagwat said can be actually translated as below

People of his own caste ( jaati ) were opposing him. His family members out of concern of his well-being stopped ( opposed ) him, yet he ( Ravidas ) did not veer from his search for Truth, the search for what was called Eternal Bliss. Is there any such thing he thought ? He did not want go by hearsay, but wanted to experience it himself.

In this search, he got the company ( as a Guru ) of Swami Ramananda and experienced the Absolute Truth. Sant Ravidas experienced, ” Truth is Iswara ( God ). It is this Truth which says that I am omnipresent – in all beings irrespective of form and name. We are all One , no one is high or low and we are all to be equally respected. Those pandits (scholars) who take reference of shastras ( scriptures ) in support of discrimination of jaatis ( castes ) are misleading. We are caught in the whirlpool of high-low jaati (caste) discrimination and have become confused. We need to educate society that our tradition and knowledge do not preach discrimination. Our tradition says, that we must not leave Satya, Dharma and Karma , (loosely translated as Truth, Dharma & Duty ). “

For Hindi translation check this thread by Sri Rajiv Tuli :

  • AriseBharat Report