'Waqf Islamic concept, but involved in secular activities'; Central govt to Supreme Court

NEW DELHI: Although Waqf is an Islamic concept, it is engaged in secular activities, stated the central government to the apex court on Wednesday. The central government made this statement, refuting the petitioners' arguments that the Waqf Board Act interferes with religious practices and violates fundamental rights. The hearing will continue today before a bench comprising Chief Justice B.R. Gavai and Justice Augustine George.

Solicitor General Tushar Mehta, appearing for the central government, pointed out that the Waqf Board performs secular functions such as managing properties, carrying out maintenance and auditing accounts. The Waqf Board Act is related to the administration of property. He also argued that the presence of two non-Muslims on the board does not affect the religious sanctity of the board.

"Waqfs may have mosques, dargahs, orphanages, and schools. Many secular and charitable organizations operate under them. Through this way, Waqf is engaging with non-Muslims. It is for the same reason that non-Muslims were included in the board. Earlier, the Charity Commissioners who governed waqfs under the Bombay Public Trust Act were of other religions. Hindu trusts often have Charity Commissioners from other religions.

Waqf in Islam means charity. Charity is not resorted to just one religion and is the equal right of all."

It was also stated that the government cannot unilaterally acquire waqf land. The designated officer does not make the final determination of the property. Only corrections will be made in the revenue records. The final determination will be in the tribunal or the high courts. The property will not be alienated by the collector's investigation.